Is it a crime to refuse to take a breath test?
Ohio has adopted O.R.C. 4511.19(A)(2) which makes it a crime to refuse to take an evidentiary chemical test if you have a prior OVI (drunk driving) or OVUAC (juvenile/underage drunk driving) conviction any time within the last twenty (20) years. If you refuse and you have a prior within twenty (20) years then the penalties for your OVI offense will be double the mandatory minimum. (See generally the “Penalties” section of the DaytonDUI blog).
Professional drivers who refuse to take a breath test face a separate crime if they do not take a test while in their commercial vehicles. See O.R.C. 4506.15(A)(7). Refusing under these circumstances will result in a one year CDL disqualification. If you livelihood depends on your CDL make sure your attorney understands these rules. If you refuse to take a breath test for a second time, you will face a lifetime CDL disqualification.
Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. “All I do is DUI defense.”
For more information if you refuse to take a breath test check these city-specific sites at the following links: