Refusal of BAC Testing in West Chester
Let Our West Chester DUI/OVI Defense Attorney Protect Your Rights
When a police officer pulls you over for operating a vehicle under the influence, he/she may ask you to take a blood alcohol content (BAC) test in order to determine how much alcohol you had consumed prior to taking the wheel. The BAC test is available in three forms: a blood, breath and urine test. On occasion these BAC tests can provide inaccurate and false results, leaving you susceptible of having your rights violated in the process.
You have the right to refuse these BAC tests in Ohio, although there are penalties involved is you decide to do so. If you or a loved one has been charged with a DUI/OVI and refused to participate in a BAC test, it’s important to immediately retain counsel from an experienced DUI defense attorney. At The Meadows Law Firm, our West Chester legal team have more than 45 years of collective experience representing a variety of DUI cases.
Penalties for Refusing to Take a BAC Test
According to Ohio’s “implied consent law (Ohio Revised Code 4511.191), if you are lawfully arrested by an officer who has probable cause to assume that you have been under the influence of alcohol while operating a vehicle, then you consent to taking a BAC test. Unfortunately, the officer gets to decide which test you take. The test must be administered within two hours of driving. Even if you are not driving, or possess physical control of the vehicle while under the influence, you are still susceptible to arrest.
If you decide to refuse to take a test upon being arrested, you are subject to the following penalties:
- First offense – One year license suspension
- Second offense (within six years) – Two year license suspension
- Third offense (within six years) – Three year license suspension
Any subsequent refusal can result in losing your license for five years. The state will also count any prior DUI/OVI convictions against you, which may increase the time of your suspension. On top of all that, you must pay a $475 fine to obtain your license again once your suspension term is complete.
Our Experienced Legal Team Will Fight for You
When faced with a drunk driving charge, having an experienced DUI defense attorney on your side is essential. Our firm will thoroughly investigate your case in order to determine if your rights have been violated during the process of your arrest. We have a number of possible defense strategies which we may utilize, so don’t hesitate to contact our West Chester DUI defense attorneys today.
For a complimentary consultation, call us at (513) 334-0777.