Ohio has an Implied Consent law. Since having a drivers license is a privilege and not a right in Ohio, each person, if requested to do so, must submit to a chemical test to determine his or her Blood Alcohol Concentration. The Police Officer must have reasonable grounds to believe you are under the influence of alcohol and/or drugs in order to request that you submit to a chemical test. Failure to submit to a requested test results in an Administrative License Suspension. An ALS suspension also takes effect if a person agrees to submit to a chemical test and is found to have a prohibited concentration of alcohol in his or her blood, breath, or urine. An Administrative License Suspension is an automatic suspension. Your driver’s license is immediately seized and turned over to the Bureau of Motor Vehicles (BMV).
Administrative License Suspensions range in time from 90 days to 5 years, depending on the number of previous OVI or DUI convictions and refusals. Driving privileges may be granted at the discretion of the court for work, school, and medical purposes. Privileges cannot take effect until the “hard time” suspension is served. Granting privileges is left to the discretion of the Judge. Given that these tests are voluntary, politely refuse to submit to all tests and ask to speak to an attorney. The attorneys at The Law Office of Steven R. Adams will defend your decision to refuse and explain away any concerns regarding your sobriety during the traffic stop.
