Understanding Implied Consent and Breathalyzer Refusal Consequences | Lawyer Talk Q&A

I’m explaining the confusing world of DUI breath tests and answering one of the most common questions I get: should you take a breathalyzer if police stop you?

Based on real questions from listeners and my own experience as a lawyer, I'm breaking down the concept of “implied consent”—that idea that just by driving in Ohio (and most other states), you’re agreeing to breath testing whether you realize it or not.

I explain what really happens if you refuse to take a breath test, clear up some common myths, and get into the details of how the law treats your so-called “right” to refuse.

Whether you might face this situation yourself or you just want to understand how these laws work, I’m here with practical advice and smart legal insight.

Here are 3 key takeaways for anyone who drives:

• Implied Consent is Real

When you get a driver’s license, you’re implicitly agreeing to submit to breath tests if stopped by law enforcement—not just in Ohio, but across much of the U.S.

• You Can Refuse, But There Are Consequences

Refusing a breathalyzer isn’t as simple as just saying “no.” In Ohio, for example, refusal leads to an immediate administrative license suspension—the officer can literally take your license on the spot.

• It’s About Evidence & Risk

While refusing a test may keep law enforcement from getting direct evidence, it doesn’t mean you avoid penalties. The decision to submit or refuse is nuanced and should factor in both the legal and practical consequences.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com