Central Ohio D.U.I. Attorney - Columbus OVI Administrative License Suspension Lawyer
Implied consent. Ohio law contains a theory called “implied consent” which basically means that anybody operating a vehicle in Ohio has implicitly consented to take a chemical test to determine the concentration of alcohol or drugs in that person’s blood, breath, or urine if that person is arrested for O.V.I. or Physical Control. Implied consent also applies to any person that is dead or unconscious, or otherwise incapable of refusing the test.
Chemical test. If a person is arrested for O.V.I., the arresting law enforcement officer will request the person to consent to a breath test, a blood test, a urine test, or a combination of the tests. If the person refuses to consent to a chemical test, an administrative license suspension is immediately imposed. If the person consents to the test and the test result is at or over the prohibited concentration of alcohol (.08) or drugs, an administrative license suspension is immediately imposed. If the person consents to the test and the test result is the prohibited concentration, no administrative license suspension is imposed.
Appeal. The A.L.S. is considered a civil administrative action independent of the OVI case. However, the A.L.S. may be appealed in the context of the O.V.I. case. There are limited statutory and constitutional bases for appealing the A.L.S.
Limited driving privileges. A person placed under an administrative license suspension may apply to the court for limited driving privileges. The waiting period for requesting privileges depends on the circumstances. Granting driving privileges is at the discretion of the judge and is not required.
ALS CHART FOR REFUSAL OF CHEMICAL TEST
| Number of Refusals or Convictions in 6 years |
Length Of Suspension | Waiting period for driving privileges |
| 1st | one year | 45 days |
| 2nd | two years | 90 days |
| 3rd | three years | one year |
| 4th or more | five years | three year |
ALS CHART FOR TESTING OVER PROHIBITED CONCENTRATION
| Number of convictions in 6 years |
Length Of Suspension | Waiting period for driving privileges |
| 1st | 90 days | 15 days |
| 2nd | one year | 30 days |
| 3rd | two years | 180 days |
| 4th or more | three years | three years |
The ALS law changes often. The information on this page reflects the basics of the ALS law as of the revision that became effective on September 30, 2008.
OVI forced blood draws. For some repeat offenders, there may be not an option of refusing because the law now allows an officer to use “whatever reasonable means are necessary” to ensure that certain repeat offenders submit to a test.
Contact the criminal defense law office of Shawn R. Dominy, Attorney at Law to schedule an initial consultation about your case. I represent individuals, including students charged with OVI in communities throughout the Columbus region and central Ohio.
