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:
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.
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.
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
Mentioned in this episode:
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
My Favorite Murder with Karen Kilgariff and Georgia Hardstark
My Favorite Murder is a true crime comedy podcast hosted by Karen Kilgariff and Georgia Hardstark. Each week, Karen and Georgia share compelling true crimes and hometown stories from friends and listeners. Since MFM launched in January of 2016, Karen and Georgia have shared their lifelong interest in true crime and have covered stories of infamous serial killers like the Night Stalker, mysterious cold cases, captivating cults, incredible survivor stories and important events from history like the Tulsa race massacre of 1921. My Favorite Murder is part of the Exactly Right podcast network that provides a platform for bold, creative voices to bring to life provocative, entertaining and relatable stories for audiences everywhere. The Exactly Right roster of podcasts covers a variety of topics including historic true crime, comedic interviews and news, science, pop culture and more. Podcasts on the network include Buried Bones with Kate Winkler Dawson and Paul Holes, That's Messed Up: An SVU Podcast, This Podcast Will Kill You, Bananas and more.
24/7 News: The Latest
The latest news in 4 minutes updated every hour, every day.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com