In Ohio, any person who operates a vehicle within the state of Ohio is said to have given his or her consent to a chemical test of their whole blood, blood serum or plasma, breath, or urine to determine alcohol content if arrested for DUI. A DUI suspect has 2 hours to comply with the request to submit to a test, and failure to do so within the 2 hour limit will be considered a "refusal."
The police must communicate the consequences a refusal will have to each DUI suspect that is asked to submit to a test. Failure to state the consequences could result in suppression of the test results, so if you were not read or told your implied consent rights and the consequences a test refusal would have, contact an experienced Ohio DUI attorney immediately.
The police also must notify you of your right to an independent test and make reasonable efforts to accommodate your request for one once it has been made. In Ohio, the police are permitted to use "whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person's whole blood or blood serum or plasma." This also must be expressly communicated to you.
If you do refuse to submit to a chemical test, or your BAC results are .08 or higher, you will receive an Administrative License suspension (ALS) for a period of 90 days - 5 years, depending on how many prior refusals or offenses you have on your record. See the administrative appeal section for more information.
After an Ohio OVI arrest, a hearing to determine whether your suspension should be upheld or overturned will be held within
5 days
of your arrest.
There are many reasons why your license could be saved, so it makes sense to contact an Ohio DUI lawyer in your county immediately for a free initial consultation and to protect your important rights.
