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Refusing the Breathalyzer Test During a Drunk-Driving Investigation Generally Results in a License Suspension
Interviewer: Generally, how does the DMV look upon a case where the individual refuses the Breathalyzer test?
Refusing the Breathalyzer Test Results in a 30-Day Suspension if You are Applying for an Occupational License; If You Take the Test, the Suspension is 15 DaysDale Naticchia: The legislature has set it up so the individual is punished. If you refuse the test, before the court can give you occupational privileges to drive, you are subject to a thirty day suspension.
However if you take the test and go over the limit, assuming this is the first offense in six years, the court can grant you privileges after fifteen days.
It’s discretionary with the court. Some courts won’t grant you privileges at all until the case is over but the court may grant you privileges after fifteen days if you take the test. However, if you refuse the test it’s no driving for thirty days.
Two Refusals Within Six Years Will Result in a 90-Day Suspension Before Occupational Privileges can be RestoredIf you have two refusals; as an example, let’s say you were acquitted but got two OVI charges in six years, and then you plead to something less on the first one but you refused to take the breath test. The second time you get charged you refuse to take the breath test, as well. Then it is ninety days of suspension before the court can give you occupational privileges.
What would happen if you had taken the test both times? Then it would only be forty-five days. They punish you by making the suspension longer and by giving you a longer dry period where you cannot get occupational privileges.
If You Receive 3 Drunk-Driving Charges Within 3 Years and Refuse the Breathalyzer Test, the Police can Compel You to Submit to a Forced Blood DrawInterviewer: If a client refuses a Breathalyzer test, will that person have to submit to a blood draw, as well?
Dale Naticchia: It’s only required by law in Ohio if you were to have your third charge in six years, then in fact, the police officers can use reasonable means to obtain a blood draw. That doesn’t get used very often.
Interviewer: That’s what I’ve heard. Does there need to be a conviction in order for the license to be suspended?
Dale Naticchia: No, absolutely not.
Interviewer: When you are arrested for a DUI, their license is confiscated and they are given paperwork by the officer. How long do their driving privileges remain in effect after that?
Dale Naticchia: We’re assuming that this was a first offense in six years and someone has taken the test. It’s a ninety day suspension. If they refuse, that Administrative License Suspension is a year in length.
