There are many reasons why police officers may stop someone on suspicion of drunk driving. Someone swerving across the center line or onto the shoulder repeatedly might seem to be under the influence. Officers may also pull people over based on concerned phone calls made by members of the general public.
Regardless of why a police officer initiates an operating a vehicle under the influence of alcohol or drugs (OVI) traffic stop, the driver involved is likely to face intense scrutiny. Police officers often ask drivers to submit to chemical tests to establish whether they are over the legal limit for their blood alcohol concentration (BAC).
Do Ohio drivers stopped on suspicion of an OVI offense have to submit to breath testing?
Ohio has an implied consent law
There is a reason that people claim that drivers must submit to chemical testing during a traffic stop. Ohio has a law that makes testing mandatory in certain circumstances. Under the current implied consent statute, drivers have an obligation to submit to chemical testing if police officers have arrested them for an OVI effect.
If an officer has probable cause to suspect an OVI violation, then a driver generally has to submit to testing. Roadside breath tests are generally non-invasive, although they aren’t necessarily as accurate as people expect. Drivers hoping a test might exonerate them sometimes end up disappointed when their results show that they are over the legal limit.
What if a driver refuses?
Technically, police officers can’t force a driver to provide a breath sample for chemical testing. However, refusing a test after an OVI arrest violates the implied consent law. The driver is at risk of a driver’s license suspension for refusing the test.
That suspension is in addition to any penalties they may face for an OVI conviction. The state may also use their refusal to submit to the test as part of the case against them. In particularly serious cases, such as OVI allegations related to a major crash, refusing a breath test could lead to the state demanding a blood draw to test for alcohol and other intoxicating substances.
Learning more about the laws that apply during OVI traffic stops can help people assert themselves. Those accused of an Ohio OVI offense may need to review the situation carefully with a skilled legal team to determine the best response given their circumstances.