Q: What is “implied consent”?
A: Ohio law says any person who operates a vehicle in Ohio has implicitly consented to a chemical test to determine the concentration of alcohol and/or drugs in the person’s breath, blood, or urine if the person is arrested for DUI / OVI in Ohio. Any person who is unconscious or otherwise incapable of refusing is also deemed to have consented to the tests.
Q: What is an Administrative License Suspension?
A: If you are arrested for DUI / OVI in Ohio, your license will be immediately placed under an Administrative License Suspension (A.L.S.) if you refuse the test or if you test over the legal limit. If you refuse to consent to a breath test, blood test, or urine test, an Administrative License Suspension is immediately imposed. If you take the test and the result is over the prohibited concentration of alcohol or drugs, an Administrative License Suspension is immediately imposed. The Administrative License Suspension is a civil sanction (not criminal) and is separate from any DUI / OVI offense that is charged. The duration of the A.L.S. depends on how many previous DUI / OVI convictions and/or refusals you have in the last six years.
Q: What is the duration of an Administrative License Suspension?
A: Generally. The duration of an Administrative License Suspension (A.L.S.) depends on whether you refused the test or tested over the limit, as well as how many previous DUI / OVI convictions and/or refusals you have in the last ten years.
Refusal of Test. The duration of the A.L.S. in Ohio for refusing the test depends on whether you have prior refusals or prior convictions for DUI / OVI in the last ten years. If you have no prior refusals or DUI / OVI convictions, the A.L.S. is one year. If you have one prior DUI / OVI conviction or refusal, the A.L.S. is two years. If you have two prior DUI / OVI convictions or refusals, the A.L.S. is three years. If you have three or more prior DUI / OVI convictions or refusals, the A.L.S. is five years.
Testing Over the Limit. The duration of the A.L.S. in Ohio for testing over the limit depends on whether you have prior convictions for DUI / OVI in the last ten years. If you have no prior DUI / OVI convictions, the A.L.S. is 90 days. If you have one prior DUI / OVI conviction, the A.L.S. is one year. If you have two prior DUI / OVI convictions, the A.L.S. is two years. If you have three or more prior DUI / OVI convictions, the A.L.S. is three years.
The Dominy Law Firm is focused on DUI / OVI defense, and we represent clients that are contesting DUI / OVI charges in Columbus and central Ohio. For more information about us, please see our profile, and for details about our practice, please see the firm overview. You can also see what clients say and review our past case results. We limit the number of cases we accept so we can provide outstanding service to our clients. If you would like to discuss how we can help with your DUI / OVI, EMAIL US or call us at 614-717-1177 to arrange a free consultation.