The Consequences of Refusing a Breathalyzer Test in Cincinnati DUI Arrests

Driving under the influence (DUI) is a serious offense in Cincinnati, Ohio, and the consequences can be severe. One of the key aspects of a DUI arrest is the breathalyzer test, which measures the blood alcohol concentration (BAC) of the driver. However, many drivers may be tempted to refuse the breathalyzer test in hopes of avoiding a DUI conviction. In this blog post, we will discuss the consequences of refusing a breathalyzer test in Cincinnati DUI arrests and provide some useful tips to navigate this complex situation.

Implied Consent Law in Ohio

Ohio's implied consent law states that any person who operates a vehicle within the state is deemed to have given consent to a chemical test of their breath, blood, or urine for the purpose of determining their BAC. This means that if you are pulled over for suspicion of DUI, you are legally required to submit to a breathalyzer test. Refusing to do so can result in serious penalties, including license suspension and additional fines. Click here for more information about Ohio's implied consent law.

Consequences of Refusing a Breathalyzer Test

  • License Suspension: If you refuse a breathalyzer test, your driver's license will be automatically suspended for one year for a first-time refusal. The suspension period increases for subsequent refusals: two years for a second refusal, three years for a third refusal, and five years for a fourth or subsequent refusal.
  • Additional Fines: Refusing a breathalyzer test can also result in additional fines, in addition to the fines associated with a DUI conviction.
  • Evidence in Court: Refusing a breathalyzer test can be used as evidence against you in court. While it may not be enough to convict you of a DUI on its own, it can be used to support the prosecution's case.
  • Ignition Interlock Device: If you are convicted of a DUI after refusing a breathalyzer test, you may be required to install an ignition interlock device (IID) on your vehicle. This device requires you to provide a breath sample before starting your car, ensuring that you are sober before driving. Click here for more information about ignition interlock devices.

Tips for Handling a DUI Arrest

If you find yourself in the unfortunate situation of being arrested for a DUI, it's important to know how to handle the situation. Here are some tips to help you navigate the process:

  • Stay Calm: It's natural to feel scared or anxious during a DUI arrest, but it's important to remain calm and composed. This will help you think more clearly and make better decisions.
  • Know Your Rights: Be aware of your rights during a DUI arrest, including the right to remain silent and the right to an attorney. You do not have to answer any questions or provide any information beyond your name, address, and driver's license information.
  • Consider the Consequences: Weigh the potential consequences of refusing a breathalyzer test against the potential consequences of submitting to the test. While refusing the test may seem like a good idea in the moment, it can result in serious penalties and may not prevent a DUI conviction.
  • Contact an Attorney: If you are arrested for a DUI, it's crucial to contact an experienced Cincinnati DUI attorney as soon as possible. An attorney can help you navigate the legal process, protect your rights, and potentially minimize the consequences of a DUI arrest.


Refusing a breathalyzer test during a DUI arrest in Cincinnati can result in serious consequences, including license suspension, additional fines, and the potential for an ignition interlock device requirement. It's important to understand the implications of refusing the test and to consider the potential consequences before making a decision. If you find yourself facing a DUI arrest, it's crucial to contact an experienced Cincinnati DUI attorney as soon as possible to protect your rights and navigate the legal process. Contact Herzner Law today for a consultation and expert guidance on your case.

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