State v. Keith

Citations

• 197 N.E.3d 1023
• 2022 Ohio 3515

Syllabus

The trial court did not err in finding that appellant both refused to take a chemical drug test and operated his vehicle in violation of R.C. 2950.05(F)(1). There is no requirement under the statute that a refusal must occur within a two-hour time period. The state put forth sufficient evidence demonstrating that appellant explicitly refused to take a chemical test, as well as evidence that appellant was operating his vehicle where he was found in the driver's seat with the engine on and the key in the ignition, and admitted to driving to the location. Because the fact that a suspect refuses to take a chemical test is admissible, trial counsel did not render ineffective assistance for failing to suppress the refusal.