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Behind The Wheel

OVI stops and implied consent

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Field sobriety tests and the roadside breathalyzer happen before any arrest, both voluntary. Implied consent only turns on after a lawful OVI arrest.

  • Refusing does not block a conviction, it can be used as evidence at trial.
  • Ohio's legal limit sits at 0.08 percent for most drivers.

This one is a real decision with real consequences either direction.

Sources for this section (4)
  1. ORC 4511.19 — Operating a vehicle under the influence of alcohol or drugs (OVI)
  2. ORC 4511.191 — Implied consent to chemical tests
  3. Maumee v. Anistik, 69 Ohio St.3d 339 (1994) — A refusal to take a chemical test may be considered by the jury
  4. State v. Hoover, 123 Ohio St.3d 418, 2009-Ohio-4993 — Refusing a chemical test after a prior OVI conviction can carry its own penalty

Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.

MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. For your specific situation talk to a licensed Ohio attorney.

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