Can You Refuse a Breathalyzer? - Lawyer Talk Q&A

Lawyer Talk: Off the Record

We tackle a pressing question from Sarah about refusing a breathalyzer test in Ohio and opting for a blood test instead.

Here are three key takeaways:

🔹 Know Your Rights: In Ohio, you can refuse a breath test, blood test, or urine test. However, be aware that this comes with specific consequences under the concept of implied consent, including an administrative driver's license suspension.

🔹 Understand the Consequences: Refusing a chemical test on a first OVI offense results in a 1-year license suspension with a minimum of 30 days without driving privileges. If you take the test and fail, the suspension varies, but often, the ultimate outcome in court can be similar regardless of refusal.

🔹 Different Types of Tests: Breath tests, blood tests, and urine tests all have varying degrees of reliability and implications. Breath tests are generally treated as highly reliable by law enforcement, though they may not be. Blood tests are considered the most reliable, while urine tests may be the least.

Key Moments

00:00 Refusing test results in a license suspension.

04:38 DUI law is complex; consult a lawyer.

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Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Stay informed and drive safe!