There is no quick answer for the question of whether to take a Breathalyzer test during a traffic stop in Ohio. Your decision would have legal consequences based on your OVI history, the type of driver’s license you hold and many other factors.

If a police officer pulled you over and asked you to submit to a breathalyzer test, you may already be under arrest due to suspicion of operating a vehicle while intoxicated. Of course, you still have rights that you may choose to exercise. One of these is somewhat similar to your right to remain silent: refusing to submit to chemical testing.

There are likely to be different consequences depending on which choice you make. For example, if you choose to take a test and you test positive, the state’s prosecutor would probably be able to use that evidence to bring a stronger type of case against you. The specific laws in Ohio could make it difficult to defend against positive Breathalyzer results.

Both submitting to and refusing to the Breathalyzer would probably result in a license suspension. However, the duration and specific terms of these suspensions differ depending on your choice. There are also different suspensions based on the final outcome of your case. As mentioned on FindLaw, one of the most important differences is that conviction suspensions are criminal penalties whereas automatic suspensions for refusals are civil penalties.

Understanding the consequences for you personally will probably take a deep understanding of the law in this area. Please seek specific legal advice. This article is only intended as general information.