Ohio Revised Code

Ohio Rev. Code § 4511.192 (2026)

Advice to OVI arrestee

✓ current as of May 2026
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(A) Except as provided in division (A)(5) of section 4511.191 of the Revised Code, the arresting law enforcement officer shall give advice in accordance with this section to any person under arrest for a violation of division (A) or (B) of section 4511.19 of the Revised Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance. The officer shall give that advice in a written form that contains the information described in division (B) of this section and shall read the advice to the person. The form shall contain a statement that the form was shown to the person under arrest and read to the person by the arresting officer. One or more persons shall witness the arresting officer's reading of the form, and the witnesses shall certify to this fact by signing the form. The person must submit to the chemical test or tests, subsequent to the request of the arresting officer, within two hours of the time of the alleged violation and, if the person does not submit to the test or tests within that two-hour time limit, the failure to submit automatically constitutes a refusal to submit to the test or tests.

(B) Except as provided in division (A)(5) of section 4511.191 of the Revised Code, if a person is under arrest as described in division (A) of this section, before the person may be requested to submit to a chemical test or tests to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, oral fluid, or urine, the arresting officer shall read the following form to the person:

"You now are under arrest for (specifically state the offense under state law or a substantially equivalent municipal ordinance for which the person was arrested - operating a vehicle under the influence of alcohol, a drug, or a combination of them; operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance; operating a vehicle after underage alcohol consumption; or having physical control of a vehicle while under the influence).

If you refuse to take any chemical test required by law, your Ohio driving privileges will be suspended immediately, and you will have to pay a fee to have the privileges reinstated. If you have a prior conviction of OVI or operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance under state or municipal law within the preceding twenty years, you now are under arrest for state OVI, and, if you refuse to take a chemical test, you will face increased penalties if you subsequently are convicted of the state OVI.

(Read this part unless the person is under arrest for solely having physical control of a vehicle while under the influence.) If you take any chemical test required by law and are found to be at or over the prohibited amount of alcohol, a controlled substance, or a metabolite of a controlled substance in your whole blood, blood serum or plasma, breath, or urine as set by law, your Ohio driving privileges will be suspended immediately, and you will have to pay a fee to have the privileges reinstated.

If you take a chemical test, you may have an independent chemical test taken at your own expense."

(C) If the arresting law enforcement officer does not ask a person under arrest as described in division (A) of this section or division (A)(5) of section 4511.191 of the Revised Code to submit to a chemical test or tests under section 4511.191 of the Revised Code, the arresting officer shall seize the Ohio or out-of-state driver's or commercial driver's license or permit of the person and immediately forward it to the court in which the arrested person is to appear on the charge. If the arrested person is not in possession of the person's license or permit or it is not in the person's vehicle, the officer shall order the person to surrender it to the law enforcement agency that employs the officer within twenty-four hours after the arrest, and, upon the surrender, the agency immediately shall forward the license or permit to the court in which the person is to appear on the charge. Upon receipt of the license or permit, the court shall retain it pending the arrested person's initial appearance and any action taken under section 4511.196 of the Revised Code.

(D)(1) If a law enforcement officer asks a person under arrest as described in division (A)(5) of section 4511.191 of the Revised Code to submit to a chemical test or tests under that section and the test results indicate a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at the time of the alleged offense, or if a law enforcement officer asks a person under arrest as described in division (A) of this section to submit to a chemical test or tests under section 4511.191 of the Revised Code, the officer advises the person in accordance with this section of the consequences of the person's refusal or submission, and either the person refuses to submit to the test or tests or, unless the arrest was for a violation of section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, the person submits to the test or tests and the test results indicate a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at the time of the alleged offense, the arresting officer shall do all of the following:

(a) On behalf of the registrar of motor vehicles, notify the person that, independent of any penalties or sanctions imposed upon the person, the person's Ohio driver's or commercial driver's license or permit or nonresident operating privilege is suspended immediately, that the suspension will last at least until the person's initial appearance on the charge, which will be held within five days after the date of the person's arrest or the issuance of a citation to the person, and that the person may appeal the suspension at the initial appearance or during the period of time ending thirty days after that initial appearance;

(b) Seize the driver's or commercial driver's license or permit of the person and immediately forward it to the registrar. If the arrested person is not in possession of the person's license or permit or it is not in the person's vehicle, the officer shall order the person to surrender it to the law enforcement agency that employs the officer within twenty-four hours after the person is given notice of the suspension, and, upon the surrender, the officer's employing agency immediately shall forward the license or permit to the registrar.

(c) Verify the person's current residence and, if it differs from that on the person's driver's or commercial driver's license or permit, notify the registrar of the change;

(d) Send to the registrar, within forty-eight hours after the arrest of the person, a sworn report that includes all of the following statements:

(i) That the officer had reasonable grounds to believe that, at the time of the arrest, the arrested person was operating a vehicle, streetcar, or trackless trolley in violation of division (A) or (B) of section 4511.19 of the Revised Code or a municipal OVI ordinance or for being in physical control of a stationary vehicle, streetcar, or trackless trolley in violation of section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance;

(ii) That the person was arrested and charged with a violation of division (A) or (B) of section 4511.19 of the Revised Code, section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance;

(iii) Unless division (D)(1)(d)(v) of this section applies, that the officer asked the person to take the designated chemical test or tests, advised the person in accordance with this section of the consequences of submitting to, or refusing to take, the test or tests, and gave the person the form described in division (B) of this section;

(iv) Unless division (D)(1)(d)(v) of this section applies, that either the person refused to submit to the chemical test or tests or, unless the arrest was for a violation of section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, the person submitted to the chemical test or tests and the test results indicate a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at the time of the alleged offense;

(v) If the person was under arrest as described in division (A)(5) of section 4511.191 of the Revised Code and the chemical test or tests were performed in accordance with that division, that the person was under arrest as described in that division, that the chemical test or tests were performed in accordance with that division, and that test results indicated a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at the time of the alleged offense.

(2) Division (D)(1) of this section does not apply to a person who is arrested for a violation of section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, who is asked by a law enforcement officer to submit to a chemical test or tests under section 4511.191 of the Revised Code, and who submits to the test or tests, regardless of the amount of alcohol, a controlled substance, or a metabolite of a controlled substance that the test results indicate is present in the person's whole blood, blood serum or plasma, breath, oral fluid, or urine.

(E) The arresting officer shall give the officer's sworn report that is completed under this section to the arrested person at the time of the arrest, or the registrar of motor vehicles shall send the report to the person by regular first class mail as soon as possible after receipt of the report, but not later than fourteen days after receipt of it. An arresting officer may give an unsworn report to the arrested person at the time of the arrest provided the report is complete when given to the arrested person and subsequently is sworn to by the arresting officer. As soon as possible, but not later than forty-eight hours after the arrest of the person, the arresting officer shall send a copy of the sworn report to the court in which the arrested person is to appear on the charge for which the person was arrested.

(F) The sworn report of an arresting officer completed under this section is prima-facie proof of the information and statements that it contains. It shall be admitted and considered as prima-facie proof of the information and statements that it contains in any appeal under section 4511.197 of the Revised Code relative to any suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege that results from the arrest covered by the report.

Last updated January 17, 2025 at 3:10 PM

Notes of Decisions
Cited in 90 cases (23 in the last 5 years), 1986–2026 · leading case: Cleveland Hts. v. Brisbane, 2016 Ohio 4564 (Ohio Ct. App. 2016).
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Cleveland Hts. v. Brisbane, 2016 Ohio 4564 (Ohio Ct. App. 2016). · cites it 8× “Sergeant Gideon also explained the variation in times found on the various exhibits to the trial court’s satisfaction.”
State v. Sanford, 2021 Ohio 1619 (Ohio Ct. App. 2021). · cites it 8× “The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two-hour time limit specified in division (A) 15 of section 4511.192 of the Revised Code as the maximum period of time during which a person may consent to a…”
State v. Hoover, 2009 Ohio 4993 (Ohio 2009). · cites it 2× “191], and being advised by the officer in accordance with [R.C. 4511.192] of the consequences of the person’s refusal or submission to the test or tests, refuse to submit to the test or tests.”
State v. Vales, 2020 Ohio 245 (Ohio Ct. App. 2020). · cites it 3× “THE TRIAL COURT ERRED WHEN IT FOUND THAT THE APPELLANT REFUSED TO TAKE A CHEMICAL ANALYSIS OF HIS BREATH, THUS VIOLATED O.R.C. 4511.192.” I. For clarity sake, the transcript of Vales’ jury trial will be referred to as “__T.”
State v. Filip, 2017 Ohio 5622 (Ohio Ct. App. 2017). · cites it 2× “191 of the Revised Code, and being advised by the officer in accordance with section 4511.192 of the Revised Code of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.”
State v. Simin, 2012 Ohio 4389 (Ohio Ct. App. 2012). · cites it 2× “(2)(a) of this section, previously has been convicted of or pleaded guilty to a violation of this division, a violation of division (A)(1) or (B) of this section, or any other equivalent offense shall do both of the following: (a) Operate any vehicle * * * within this state…”
Wilson, 2014 Ohio 3182 (Ohio Ct. App. 2014). · cites it 2× “191 of the Revised Code, and being advised by the officer in accordance with section 4511.192 of the Revised Code of the consequences of the person’s refusal or submission to the test or tests, refuse to submit to the test or tests.”
State v. Marland, 2017 Ohio 4353 (Ohio Ct. App. 2017). · cites it 4× “R.C. 4511.192. See also State v. Brown, 3d Dist.”
State v. Leasure, 2015 Ohio 5327 (Ohio Ct. App. 2015). · cites it 2× “Sergeant Ward then verbally advised Leasure, in accordance with R.C. 4511.192, of the consequences of submitting to, or refusing to take, a chemical test or tests to determine alcohol concentration, and gave Leasure the Ross App.”
State v. Leitwein, 2020 Ohio 3698 (Ohio Ct. App. 2020). · cites it 9× “THE TRIAL COURT ERRED BY FAILING TO VACATE THE ADMINISTRATIVE LICENSE SUSPENSION WHEN THE COURT FAILED TO COMPLY WITH THE MANDATORY REQUIREMENT CONTAINED IN R.C. § 4511.192 THEREBY VIOLATING APPELLANT'S DUE PROCESS RIGHTS.”
State v. Varner, 2020 Ohio 1329 (Ohio Ct. App. 2020). · cites it 2× “191 of the Revised Code, and being advised by the officer in accordance with section 4511.192 of the Revised Code of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.”
State v. Hamrick, 2017 Ohio 4211 (Ohio Ct. App. 2017). · cites it 4× “See R.C. 4511.192(B). BMV Form 2255 contains the statutory requirements prescribed in R.”
Show all 90 citing cases →
— Ohio Rev. Code § 4511.192(A) — 18 cases
State v. Sanford, 2021 Ohio 1619 (Ohio Ct. App. 2021). “The three-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two-hour time limit specified in division (A) 15 of section 4511.192 of the Revised Code as the maximum period of time during which a person may consent to a…”
Cleveland Hts. v. Brisbane, 2016 Ohio 4564 (Ohio Ct. App. 2016). “Sergeant Gideon also explained the variation in times found on the various exhibits to the trial court’s satisfaction.”
State v. Marland, 2017 Ohio 4353 (Ohio Ct. App. 2017). “R.C. 4511.192. See also State v. Brown, 3d Dist.”
State v. McClellan, 2020 Ohio 5551 (Ohio Ct. App. 2020).
State v. Sparks, 2011 Ohio 3868 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 4511.192(B) — 15 cases
Cleveland Hts. v. Brisbane, 2016 Ohio 4564 (Ohio Ct. App. 2016). “Sergeant Gideon also explained the variation in times found on the various exhibits to the trial court’s satisfaction.”
State v. Hamrick, 2017 Ohio 4211 (Ohio Ct. App. 2017). “See R.C. 4511.192(B). BMV Form 2255 contains the statutory requirements prescribed in R.”
State v. Leasure, 2015 Ohio 5327 (Ohio Ct. App. 2015). “Sergeant Ward then verbally advised Leasure, in accordance with R.C. 4511.192, of the consequences of submitting to, or refusing to take, a chemical test or tests to determine alcohol concentration, and gave Leasure the Ross App.”
State v. Martin, 2018 Ohio 1705 (Ohio Ct. App. 2018).
State v. Torrence, 2022 Ohio 3024 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 4511.192(D) — 3 cases
State v. Leitwein, 2020 Ohio 3698 (Ohio Ct. App. 2020). “THE TRIAL COURT ERRED BY FAILING TO VACATE THE ADMINISTRATIVE LICENSE SUSPENSION WHEN THE COURT FAILED TO COMPLY WITH THE MANDATORY REQUIREMENT CONTAINED IN R.C. § 4511.192 THEREBY VIOLATING APPELLANT'S DUE PROCESS RIGHTS.”
State v. Carnes, 2015 Ohio 379 (Ohio Ct. App. 2015).
State v. Glenn, 2019 Ohio 429 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 4511.192(D)(1) — 4 cases
Miracle v. Petit, 2020 Ohio 1567 (Ohio Ct. App. 2020).
State v. Brown, 2013 Ohio 4981 (Ohio Ct. App. 2013).
State v. Wilhite, 2026 Ohio 859 (Ohio Ct. App. 2026).
State v. Allen, 2010 Ohio 1257 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 4511.192(D)(1)(a) — 6 cases
State v. Brown, 2017 Ohio 678 (Ohio Ct. App. 2017).
State v. Leitwein, 2020 Ohio 3698 (Ohio Ct. App. 2020). “THE TRIAL COURT ERRED BY FAILING TO VACATE THE ADMINISTRATIVE LICENSE SUSPENSION WHEN THE COURT FAILED TO COMPLY WITH THE MANDATORY REQUIREMENT CONTAINED IN R.C. § 4511.192 THEREBY VIOLATING APPELLANT'S DUE PROCESS RIGHTS.”
Toledo v. Ferguson, 2017 Ohio 1394 (Ohio Ct. App. 2017).
Cleveland v. Oliver, 2024 Ohio 1477 (Ohio Ct. App. 2024).
State v. Holbrook, 2016 Ohio 5302 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 4511.192(D)(1)(b) — 1 case
State v. Harding, 2014 Ohio 884 (Ohio Ct. App. 2014).
— Ohio Rev. Code § 4511.192(D)(1)(d) — 4 cases
Toledo v. Ferguson, 2017 Ohio 1394 (Ohio Ct. App. 2017).
State v. Allen, 2010 Ohio 1257 (Ohio Ct. App. 2010).
State v. Glenn, 2019 Ohio 429 (Ohio Ct. App. 2019).
Shaker Hts. v. Jones, 2024 Ohio 830 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 4511.192(D)(1)(d)(i) — 2 cases
State v. Harding, 2014 Ohio 884 (Ohio Ct. App. 2014).
State v. Allen, 2010 Ohio 1257 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 4511.192(E) — 2 cases
State v. Harding, 2014 Ohio 884 (Ohio Ct. App. 2014).
State v. Allen, 2010 Ohio 1257 (Ohio Ct. App. 2010).
— Ohio Rev. Code § 4511.192(F) — 2 cases
State v. Harding, 2014 Ohio 884 (Ohio Ct. App. 2014).
State v. Allen, 2010 Ohio 1257 (Ohio Ct. App. 2010).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.