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Refusal to Submit to Testing

In Ohio, it is against the law to refuse a chemical test for DUI when asked by a law enforcement officer. Men and women who are pulled over in a traffic stop under suspicion of drugged or drunk driving can only choose to comply or suffer the negative effects of refusal.

Fortunately, even though it looks like a situation where you are between a rock and a hard place, you do have options. Whether you refused to take the test or did take the test and failed, a qualified criminal defense attorney can review the circumstances of your arrest to help create a strong defense.

Defense Lawyer for DUI Test Refusal in Cincinnati, Ohio

A strong criminal defense attorney is paramount in your battle to keep these charges from turning your life upside down. Our legal team has helped many adults in Cincinnati and throughout Central Ohio who have been arrested after a refusal to submit to a chemical test. Their insight and veteran trial experience can prove an asset during this difficult time in your life or that of your loved one.

No matter the circumstances of your arrest, we work hard to proactively create a defense strategy that examines even the smallest details involved. Furthermore, we make it our priority to keep you informed of your legal options and also provide dedicated representation in administrative license suspension hearings with the Ohio Bureau of Motor Vehicles (BMV).

To schedule a free and confidential consultation with our qualified defense attorneys, call (513) 339-6289 or send an online message using our convenient online contact form. In addition to serving Cincinnati residents, the firm also works with individuals and families throughout the cities of Hamilton, Fairfield, Oxford, Loveland, Norwood, Hamilton, Butler, and Lebanon among others.


Ramifications of DUI Test Refusal Under Ohio Laws


Ohio Laws Regarding Implied Consent Under ORC §4511.191

Ohio has laws in place that make it an "implied consent" state. Simply by driving on the roads and highways system within the state, you have implied you consent to be tested for alcohol or drugs if a law enforcement officer asks you to do so.

According to §4511.191 of the Ohio Revised Code: Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel within the state, or who is physical control of a vehicle, shall be deemed to have given consent to a chemical test of the person's blood, breath or urine to determine the alcohol, drug of abuse, controlled substance or combination content if arrested for any violation for operating a vehicle under the influence.

During the initial arrest, the police officer at the scene is required to read refusal of chemical testing warnings to the alleged offender (§4511.192). These warning are meant to advise the individuals in question of the consequences involved for refusing to submit to chemical testing.


Automatic Administrative License Suspension by the BMV

In addition to the pending criminal charges for the DUI itself and the refusal to submit, the state goes a step further by also requiring an administrative license suspension (ALS) for refusing a chemical test. This is an administrative matter, which is separate from the criminal case.

The Ohio driver's license suspension time periods are based on your criminal traffic history and if you have been convicted of a DUI or OVI in the past 20 years. You can appeal an ALS in Ohio or can file a petition for limited driving privileges. This must be done within 30 days of the initial appearance for the charge. Keep in mind that you are allowed to have representation during the BMV hearing and a qualified DUI lawyer in Hamilton County can help.


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Finding the Best DUI Attorney in Cincinnati for a Test Refusal Case

If you have recently been charged with a operative a vehicle while under the influence of drugs or alcohol in Ohio and refused to submit to chemical testing when asked, it is paramount that you seek the counsel of a qualified defense attorney. Joslyn Law Firm is a full service practice that will handle every aspect of your case, including criminal and administrative potions of the DUI arrest, allowing you to focus on moving on with your life.

Our Cincinnati attorneys can be counted on to gather evidence, interview witnesses and produce all the necessary documentation. This dedication and passionate commitment to not only your cause, but the cause of every person looking to be given a fair shake, has guided the practice since its inception, and has only become stronger with time.

If you would like to discuss your case in detail with a capable Ohio DUI defense attorney in a free consultation, please call (513) 339-6289 or send an online message today. We are proud to continue our mission of defending individuals throughout Cincinnati and Hamilton County, along with residents of Clermont County, Greene County, Fayette County, Warren County, Butler County, Franklin County and Clinton County.

Proudly Recognized by Respected Legal Organizations

NACDA Top Ten Selection for Criminal Defense in Ohio NACDA Top Ten Selection for Criminal Defense in Ohio National Trial Lawyers Association Top 100 National Trial Lawyers Association Top 100 Member of the National Association of Criminal Defense Lawyers Member of the National Association of Criminal Defense Lawyers Better Business Bureau Accredited Business Better Business Bureau Accredited Business Nationally Ranked Superior DUI Attorney by the NAFDD Nationally Ranked Superior DUI Attorney by the NAFDD Member of the National College for DUI Defense Member of the National College for DUI Defense Member of the Federal Bar Association Member of the Federal Bar Association Superb Rating for Criminal Defense on Avvo Superb Rating for Criminal Defense on Avvo
Member of the Ohio Association of Criminal Defense Lawyers Member of the Ohio Association of Criminal Defense Lawyers Member of the American Bar Association Member of the American Bar Association Member of the National Police Accountability Project Member of the National Police Accountability Project Member of the National Organization for the Reform of Marijuana Laws Member of the National Organization for the Reform of Marijuana Laws Member of the DUI Defense Lawyers Association Member of the DUI Defense Lawyers Association Member of the American Association for Justice Member of the American Association for Justice