FAQ – Test Refusal with Prior Conviction in Columbus & Central Ohio

A: Ohio has a DUI/OVI charge for "Test Refusal with Prior Conviction", which is found in Ohio Revised Code section 4511.19(A)(2). To prove guilt for this charge, the prosecution must prove you were arrested for DUI (called "OVI" in Ohio), you were advised of the consequences for taking and refusing a breath/blood/urine test, you refused the test, you operated a vehicle under the influence of alcohol and/or drugs, and you have a prior DUI/OVI conviction in the last 20 years. The 20-year lookback period begins on the date of the prior conviction.

A: For this charge, there is a mandatory minimum jail term. The length of the jail term is determined by the number of previous DUI/OVI convictions in the last ten years.

• If there are no prior convictions in the last ten years, the minimum mandatory jail term is six days.
• If there is one prior conviction in the last ten years, the minimum mandatory jail term is 20 days.
• If there are two prior convictions in the last ten years, the minimum mandatory jail term is 60 days.
• If there are three prior convictions in the last ten years, the minimum mandatory jail term is 120 days.

The jail terms referenced above are the minimum jail terms. The sentence may include a jail term which exceeds the mandatory minimum. In addition to the jail term, the sentence will include a fine and a driver license suspension. The sentence may also include community control (probation), SCRAM, ignition interlock, restricted (yellow) tags, and substance abuse counseling. The possible sentence is discussed more thoroughly in the OVI/DUI Penalties section of this website.

A: Yes, you can be charged with both offenses. They are separate offenses in the Ohio Revised Code. The charge of OVI is found in Ohio Revised Code section 4511.19(A)(1), and the charge of "Test Refusal with Prior Conviction" is found in Ohio Revised Code section 4511.19(A)(2). Both offenses are typically charged on the same traffic ticket. You may be convicted of both charges, but you may only be sentenced on one of the charges (decided by the prosecution).

A: Yes. The prosecution may not be able to prove all the elements of the offense. For example, the officer may not have properly advised you of the consequences of refusing the test. As another example, the prosecution may be unable to prove the prior conviction. In addition, the prosecution must prove you operated a vehicle under the influence, which means you have available all the defenses to OVI charges.

The Dominy Law Firm has extensive experience representing clients for these charges. Our lawyers developed expertise in DUI/OVI defense and use that expertise to help clients obtain favorable outcomes. They wrote and edited the Ohio DUI/OVI Guide, which can be purchased online or downloaded for free from this website.

For more information about the Dominy Law Firm, please see the About Us page. You may also want to see our client reviews and case results, as well as the other valuable information on our website about DUI/OVI. If you would like to discuss your charge of "Test Refusal with Prior Conviction", you can schedule a free phone consultation by submitting a CONTACT FORM or by calling 614-717-1177.