Can You Refuse a Breath Test in Columbus?

Yes, you can refuse a breath test in Ohio. However, refusing a chemical test after an arrest leads to an immediate license suspension and may increase your penalties if you’re convicted. Portable roadside breath tests follow different rules than the breath machines used at the police station, so it’s important to understand the difference. At The Law Offices of Saia, Marrocco & Jensen Inc., our OVI defense attorneys regularly handle cases involving breath and blood tests.

Portable Breath Tests vs. Post-Arrest Tests

Before making an arrest, an officer may ask you to take a handheld portable breath test (PBT). Refusing this roadside test doesn’t trigger an automatic license suspension under Ohio’s implied consent law. That law applies only to tests requested after an arrest. Handheld PBTs are also not on Ohio’s list of approved testing instruments. After an arrest, the police agency decides whether to test your breath, blood, urine, or saliva.

What Is the State v. Vega Dilemma?

In the 1984 case State v. Vega, the Ohio Supreme Court ruled that defendants can’t make general challenges to the scientific reliability of state-approved breath machines. This creates a tough choice. If you take the test, you generally can’t challenge the science behind the machine. If you refuse, you lose your license right away.

The 2014 case Cincinnati v. Ilg made this a little easier by allowing challenges to whether the specific machine used in your case was working properly. In Ilg, the test result was thrown out because the state didn’t turn over that machine’s records as the court ordered. Machine records are now a key part of many breath and blood test challenges in Columbus.

How Did Liv’s Law Change Testing in Ohio?

House Bill 37, known as Liv’s Law in memory of Olivia Wright, took effect April 9, 2025. The law allows officers to request a saliva test after an OVI arrest. Refusing a saliva test has the same consequences as refusing a breath or blood test.

Consequences of an Ohio Breath Test Refusal

Refusing a test after arrest has consequences even before your first court date. Within days of a refusal, you can expect:

• Immediate loss of your license
• A one-year suspension for a first refusal
• No driving privileges for the first 30 days

The officer must read you a form explaining these consequences in front of a witness. If you don’t submit to a test within two hours of the alleged violation, the law treats it as a refusal.

Do Repeat Offenders Face Tougher Refusal Penalties?

Yes. Ohio counts prior refusals and OVI convictions from the past 10 years when setting the length of a refusal suspension:

• One prior: A two-year suspension
• Two priors: A three-year suspension
• Three or more priors: A five-year suspension

A prior OVI within 20 years can also turn a refusal into a separate criminal offense with higher mandatory jail time. And if you have multiple prior OVI convictions, Ohio law may allow the officer to use reasonable means to draw your blood even if you refuse.

Get Answers Before Your Initial Appearance

You can appeal a refusal suspension at your initial court appearance or within 30 days after it. The Law Offices of Saia, Marrocco & Jensen Inc. is recognized throughout Ohio and nationally. Our award-winning team of attorneys offers free consultations. Schedule yours at (614) 444-3036 or you can reach our firm online.