OVI Chemical Test Refusal
ORC 4511(B)
Do I Have a Right to Refuse a Chemical Test?
You have a right to refuse a breathalyzer, urine, and/or blood test. However, once you are arrested, a refusal may result in an administrative license suspension if the charges are warranted, subject to the court granting driving privileges. It is important to note that sometimes the charges are invalid because the officer did not follow proper procedure. At Funkhouser Law, we will fight the charges against you and determine if they were unwarranted or invalid. The length of the suspension depends on how many times a person previously refused a chemical test as outlined in the chart below.
What is the Penalty for Refusing a Breathalyzer Test?
What Should I Do if I’m Pulled Over?
Most people are aware of the fact that they do have a right to refuse a breathalyzer test. However, not very many people are aware that they can also, and should until an attorney advises otherwise, refuse to take the field sobriety tests (Horizontal Gaze Nystagmus [pen test], Walk and Turn, and One Leg Stand). At Funkhouser Law, we recommend contacting our office to discuss this choice or, if that is not possible due to the circumstances, refusing the chemical or breathalyzer test and the field sobriety tests until you have the opportunity to speak with legal counsel.
Real Experiences from Our Clients
Dedicated to Your Defense
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“The thing I appreciate most about Doug was his honesty. I always felt like I could trust what he told me and in fact I was smart to do so.”- J.W.
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“- John F.
J and I again want to thank you very much for the outstanding professional help that you provided on J’s behalf.
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“So we were confused and disoriented but Mr. Funkhouser was really patient and highly professional every time we called or met with him.”- E.J.
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“I contacted Doug and he returned my call in a fast timely fashion, answering all my questions and making me feel confident about my case.”- J.E.
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“Doug Funkhouser is one of the most intelligent and personable criminal defense attorneys in Ohio.”- B.G.
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“You took a lot of the stress out of going to court and working around my schedule.”- David A.
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“He really helped me out. I know anyone that needs help with legal problems needs to contact Doug, he’s a life saver.”- W.M.
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“As a lawyer I understood the problems facing me when I was cited for OVI. I knew Doug and his reputation, but still had much trepidation about my case. Through the course of his representation he alleviated these concerns and kept me calm.”- R.B.
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“We will always recommend Doug and wish him endless success and prosperity in every challenge he faces.”- LF & TF