Ohio · OVI · Checked October 2026

Refusing a Breath or Blood Test in Ohio

Refusing a Breath or Blood Test in Ohio: What Are the Rules?

What happens if you refuse a breath or blood test in Ohio.

Refusal penalty
Immediate administrative license suspension from the time the officer serves notice: 1 year for a first refusal within ten years, rising to 2, 3 and 5 years with prior refusals or OVI convictions
License suspension for refusing
1 year (Class C) for a first refusal; 2 years with one prior; 3 years with two priors; 5 years with three or more
Deadline to challenge
30 days

Refusal Penalties in Ohio

Immediate administrative license suspension from the time the officer serves notice: 1 year for a first refusal within ten years, rising to 2, 3 and 5 years with prior refusals or OVI convictionsOhio Rev. Code § 4511.191(A), (B)

Official source: refusal penalties (Ohio)

License Suspension for Refusing in Ohio

1 year (Class C) for a first refusal; 2 years with one prior; 3 years with two priors; 5 years with three or moreOhio Rev. Code § 4511.191(B), (C); § 4511.197; § 4510.02(B)

Official source: license suspension for refusing (Ohio)

More on OVI Law in Ohio

See the full overview of OVI laws in Ohio and read about implied consent laws in every state.

This page summarizes Ohio law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Ohio can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in Ohio?

Immediate administrative license suspension from the time the officer serves notice: 1 year for a first refusal within ten years, rising to 2, 3 and 5 years with prior refusals or OVI convictions

How Long Is the Suspension for Refusing?

1 year (Class C) for a first refusal; 2 years with one prior; 3 years with two priors; 5 years with three or more

Sources

  1. Implied consent: Ohio Rev. Code § 4511.191(A), (B)
  2. License suspension and hearing: Ohio Rev. Code § 4511.191(B), (C); § 4511.197; § 4510.02(B)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.