When you drive in Ohio, the law treats you as having agreed in advance to a breath, blood, or urine test if you are arrested for OVI (operating a vehicle while impaired). This page explains what happens if you refuse, whether you can talk to a lawyer first, and how to appeal the license suspension.
Anyone who operates a vehicle on Ohio roads "shall be deemed to have given consent to a chemical test or tests" if arrested for a covered OVI-related offense. (R.C. 4511.191(A)(2))
The Ohio Supreme Court has described this as "an entirely civil requirement," separate from the criminal case. (Dobbins v. Ohio Bur. of Motor Vehicles, 75 Ohio St.3d 533, 1996-Ohio-454, ¶ 18-19)
Refusing the test leads to an administrative license suspension (a suspension under the implied consent law itself, separate from any sentence in the criminal case). The default is a class C suspension, and it is longer if you have prior refusals or OVI-type convictions within ten years, up to five years. (R.C. 4511.191(B)(1))
Suspension lengths by class:
Class C: one year
Class B: two years
Class A: three years
Ohio law gives an arrested person the right to be given facilities to contact a lawyer "forthwith" (right away). An officer who violates this can be fined or jailed. (R.C. 2935.20)
But the Ohio Supreme Court has held:
There is no constitutional right to counsel at the point when the officer asks you to take the test. (Dobbins ¶ 12-17)
If you refuse to take the test until you speak with a lawyer, that counts as a refusal, and the suspension still applies, even if the police violated R.C. 2935.20. (Dobbins, syllabus paragraph 2)
You may appeal the administrative suspension in the court where your OVI charge is pending.
When: at your initial appearance, or within 30 days after it.
What the court looks at: only certain listed questions, such as whether the officer had reasonable grounds to arrest you and whether the test was properly requested.
Burden: you must prove, by a preponderance of the evidence (more likely than not), that one of those conditions was not met.
No automatic pause: filing the appeal does not stop the suspension unless the court specifically grants a stay.
If your license was suspended under the implied consent law after an OVI arrest, mark the date of your initial appearance and the 30 days after it.
Ask the court at or before that time to hear your suspension appeal, or ask a lawyer to file it.
If you cannot afford a lawyer and face possible jail on the OVI charge, ask the court about appointed counsel at arraignment (see the Arraignment page).
R.C. 4511.191: https://codes.ohio.gov/ohio-revised-code/section-4511.191
R.C. 4510.02: https://codes.ohio.gov/ohio-revised-code/section-4510.02
R.C. 4511.197: https://codes.ohio.gov/ohio-revised-code/section-4511.197
R.C. 2935.20: https://codes.ohio.gov/ohio-revised-code/section-2935.20
Dobbins v. Ohio Bur. of Motor Vehicles, 1996-Ohio-454: https://www.supremecourt.ohio.gov/rod/docs/pdf/0/1996/1996-Ohio-454.pdf
This page is general information, not legal advice. OVI law changes often; confirm current rules with the court or a lawyer.
Last verified: 2026-10-13