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.
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“I hope to never need his services again, but if I do I will definitely hire him again!”- K.B.
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“Doug met us at the courthouse and my anxiety went down another notch and it continued to go down and then was gone, knowing Doug was representing my son.”- E.F.
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“- Christy O.
Thank you Doug for your continued assistance with all of our business needs. Your personal contact and attentiveness to our requests are much appreciated. Your dedication and professionalism have truly been effective within all of our business and personal cases.
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“Douglas Funkhouser came highly recommended from 2 of his previous clients whom I had a business relationship, so I set high expectations for him. Mr. Funkhouser met and exceeded those expectations.”- R.J.
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“We will always recommend Doug and wish him endless success and prosperity in every challenge he faces.”- LF & TF
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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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“I sincerely felt like he had my best interests in mind and worked to get a fair and favorable outcome for me.”- C.M.
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“I am certain my life would be in ruins had I hired different attorney.”- M.M.
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“Doug Funkhouser is one of the most intelligent and personable criminal defense attorneys in Ohio.”- B.G.