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Implied Consent

Ohio and every single state in the nation have now established laws in which motorists are deemed to have given their implied consent to field sobriety tests and chemical testing to determine possible intoxication simply by becoming licensed to drive in their state.

The intention of implied consent laws is to reduce the instances of people refusing to submit to testing and, thus, making it more difficult to prosecute alleged cases of driving under the influence (DUI).

When a motorist is suspected of operating a vehicle under the influence of alcohol or drugs (OVI) in Ohio, police officers in Ohio are required to read warnings about the consequences of refusal to submit to testing to alleged offenders.

When drivers refuse to submit to field sobriety testing or provide specimens for chemical testing, they can face criminal charges in addition to an underlying DUI offense.

Lawyer for Implied Consent Violations in Cincinnati, OH

If you have been charged with refusing to submit to required chemical testing in Central Ohio, it will be in your best interest to obtain legal representation as soon as possible.

The Joslyn Law Firm aggressively defends clients accused of OVI and related offenses in Cincinnati and many surrounding areas of Hamilton County, Franklin County, Clinton County, Clermont County, Greene County, and Butler County.

Brian Joslyn is an experienced Cincinnati DUI attorney who the National Highway Traffic Safety Administration has certified as an instructor in the administration of standardized field sobriety tests. Let him review the circumstances of your case and discuss your possible legal options by calling (513) 399-6289 right now to schedule a free consultation.

Overview of Implied Consent Laws in Hamilton County

• Why is a person expected to submit to testing?
• What are the consequences of refusing to submit to chemical testing?
• Where can I find more information about implied consent laws?

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Implied Consent Warnings in Ohio

Implied consent is established in state law under Ohio Revised Code § 4511.191. Section (A)(2) reads:

“Any person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have given consent to a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine if arrested for [OVI, operating a vehicle after underage consumption (OVUAC), having physical control of vehicle while under the influence], or a substantially equivalent municipal ordinance, or a municipal OVI ordinance.”

Ohio Revised Code § 4511.192 additionally establishes advice to OVI arrestees. Before alleged offenders can be requested to submit to chemical tests to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of their whole blood, blood serum or plasma, breath, or urine, arresting officers must inform them of the specific offense they are being arrested.

The officer must also read the following warning:

“If you refuse to take any chemical test required by law, your Ohio driving privileges will be suspended immediately, and you will have to pay a fee to have the privileges reinstated.

If you have a prior conviction of OVI, OVUAC, or operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance under state or municipal law within the preceding twenty years, you now are under arrest for state OVI, and, if you refuse to take a chemical test, you will face increased penalties if you subsequently are convicted of the state OVI.”

Unless a person is under arrest for having physical control of a vehicle while under the influence, the officer must also inform the alleged offender that taking any chemical test required by law and being found to be at or over the prohibited amount of alcohol, a controlled substance, or a metabolite of a controlled substance in whole blood, blood serum or plasma, breath, or urine as set by law will result in that person’s Ohio driving privileges being suspended immediately.

Also, the officer needs to inform the person that a fee needs to be paid to have the privileges reinstated. Alleged offenders also need to be informed that if they take a chemical test, they can have an independent chemical test taken at their own expense.

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Penalties for Implied Consent Violations in Cincinnati

Under Ohio Revised Code § 4511.19(A)(2), it is a first-degree misdemeanor for an alleged offender who has been previously convicted of OVI within the previous 20 years to operate a vehicle while under the influence and refuse to submit to chemical tests.

A conviction can result in the following punishments:

• Mandatory minimum of three consecutive days up to 180 days in jail;
• A fine of at least $375 up to $1,075;
• A three-day driver’s intervention program;
• A class five driver’s license suspension of at least six months up to three years; and/or
• Installation of an ignition interlock device.

If alleged offenders refuse to attend the driver’s intervention program, they can be ordered to spend an additional six consecutive days in jail.

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Ohio Resources for Implied Consent

Traffic Law Update | Ohio State Bar Association — This article from the State Bar’s 2015 Convention addresses whether implied consent is constitutional and examines breath machines at police stations. The chapter on the constitutionality of implied consent covers the history of the concept, why a chemical test is a search, and warrantless searches. You can also read about the 2013 United States Supreme Court decision in Missouri v. McNeely, a case that is referred to as a “game changer” in which the Court ruled that police must obtain a warrant before subjecting an alleged DUI offender to a blood test without consent.

Ohio Revised Code § 4511.191 — You can read the full text of Ohio’s implied consent statute on the LAWriter website. The statute has been amended several times in recent history, with the most recent amendments coming from the 131st General Assembly on September, 29, 2015. The statute discusses testing processes, suspension periods, fees, and many other areas of legal concern.

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Find a Lawyer for Implied Consent OVI Cases in Cincinnati, Ohio

Have you been charged with refusing to submit to chemical testing when you were arrested for OVI in Central Ohio? Do not wait any longer to seek the help of skilled legal counsel who will fight to protect your rights.

Cincinnati criminal defense attorney Brian Joslyn represents clients all over Hamilton County as well as communities in Butler County, Greene County, Clermont County, Clinton County, and Franklin County. Call (513) 399-6289 or complete an online form today to receive a complete evaluation of your case during a free, confidential consultation.

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