Refused a Breathalyzer in Ohio? Here's What Happens Next

Ohio OVI Defense

Refused a Breathalyzer in Ohio? Here's What Happens Next

Ohio's implied consent law means that by driving on Ohio roads, you have already agreed to chemical testing. Refusing a breathalyzer, blood, or urine test triggers an automatic Administrative License Suspension (ALS) of 1–5 years — separate from any criminal OVI charge. But refusal is not an admission of guilt, and there are strong defenses available.

1 year

ALS Suspension (1st Refusal)

2 years

ALS Suspension (2nd Refusal)

5 years

ALS Suspension (3rd+ Refusal)

30 days from arrest

ALS Challenge Window

Time is critical. Ohio's Administrative License Suspension (ALS) challenge window is only 30 days from your arrest date. Contact Rutan Law immediately to protect your driving privileges.

How Rutan Law Defends Your Case

Every OVI case is different. We identify the strongest defenses available and pursue them aggressively from day one.

Challenge the ALS at an Administrative Hearing

You have 30 days to request an ALS hearing. We challenge whether the officer had probable cause, properly advised you of consequences, and followed all procedures.

Attack the Implied Consent Warning

Officers must read a specific implied consent warning before requesting a test. Any deviation can invalidate the refusal and the suspension.

Argue No Knowing Refusal

Medical conditions, language barriers, or confusion about the process can support an argument that there was no voluntary, knowing refusal.

Pursue Limited Driving Privileges

Even if the suspension stands, we seek limited driving privileges so you can continue working and meeting family obligations.

Frequently Asked Questions

Answers to the questions we hear most often about this charge.

Ready to Fight Your Charge?

Refused a test? Act within 30 days to save your license. Call Rutan Law at (614) 307-4343 — 24/7.