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O.R.C. 4511.191 - Ohio Implied Consent / Administrative License Suspension Law

Ohio's "Implied Consent" law provides in part that "[a]ny person who operates a vehicle, streetcar, or trackless trolley upon a highway or any public or private property used by the public for vehicular travel or parking within this state or who is in physical control of a vehicle, streetcar, or trackless trolley shall be deemed to have given consent to a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine 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, or urine…"

This means that any person who operates a motor vehicle within the state of Ohio is automatically considered to have given his consent to a chemical test of their blood, blood serum or plasma, breath, or urine to determine its alcohol content if arrested for DUI/OVI. A person suspected of DUI/OVI must submit to a request the chemical tests described by the statute within 2 hours or such failure will be considered a "refusal."

Failing or refusing a chemical test automatically results in an administrative license suspension. Administrative license suspension can carry with it hefty penalties as reference in the chart below.

OHIO ADMINISTRATIVE LICENSE SUSPENSION CHART

OFFENSE(S) PAST 6 YEARS

TEST FAILURE <0.08%

TEST REFUSAL

FIRST OFFENSE

90 Day License Suspension

One Year License Suspension

SECOND OFFENSE

One Year License Suspension

Two Year License Suspension

THIRD OFFENSE

Two Year License Suspension

Three Year License Suspension

FOURTH OR GREATER

Three Year License Suspension

Five Year License Suspension

Police are required to notify DUI/OVI suspects of the consequences of a refusal to submit to a chemical test. Failure to notify a suspect of these consequences may warrant the suppression of the test results.

If you have been arrested for DUI/OVI, contact an Akron DUI/OVI Attorney today.

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