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.
