- Joslyn Law Firm
- What Happens After a DUI Arrest
- Ohio Criminal Process
- Appeal of Implied Consent Suspension
Appeal of Implied Consent Suspension
After a DUI arrest, law enforcement officers likely would require drivers to submit to a chemical test of his or her blood, breath or urine to determine if the person is impaired by drugs, alcohol or a combination of substances. The driver has the right to refuse the test, but there could be consequences.
Ohio is one of several states that has an implied consent law. This law means any driver on the roadway has given consent to a chemical test if he or she is suspected of drunk or drugged driving. Failing to do so could mean penalties separate from a DUI charge. This means there still could be repercussions, even if there is no DUI conviction.
Ohio DUI Implied Consent Attorney
Your right to legally get behind the wheel is important, and the experienced DUI implied consent defense lawyers at Joslyn Law Firm can help you fight to protect it. The legal team at Joslyn Law Firm has years of experienced helping drivers combat administrative license suspensions, and they can help you build a strong case for an appeal.
Joslyn Law Firm represents clients throughout Hamilton County and the Greater Cincinnati area. Call (513) 339-6289 today to schedule a free consultation. The attorneys can give you honest and straightforward legal advice about your best options for keeping your driving privileges.
Appealing Implied Consent License Suspension Info
- What Does Implied Consent Mean?
- Process to Appeal Implied Consent License Suspension
- Grounds for Appeal
Any person who operates a vehicle on any public or private roadway in Ohio is considered to have given his or her consent to a chemical test of the person's blood, breath or urine to determine the presence of alcohol, controlled substance or both after a DUI-related arrest, according to Ohio Revised Code § 4511.191.
The chemical test must be administered at the request of a law enforcement officer who has reason to believe the person operating the vehicle is intoxicated, according to Ohio law. If a person does not submit to the test within two hours it is considered a refusal, which carries an administrative license suspension.
If a driver refuses to submit to a test, the arresting officer must seize the driver's license and immediately administratively suspend the driver's operating privileges, according to Ohio Revised Code § 4511.192(D)(1). The suspension goes into effect immediately after the arrest, no matter if a person is convicted of a criminal charge.
A driver who has had his or her license suspended after refusing to submit to a chemical test can appeal the suspension. However, they only have 30 days to request an Administrative License Suspension Hearing with the Ohio Bureau of Motor Vehicles from the date of the suspension notice.
This petition for a hearing may be filed in the municipal or county court that has jurisdiction over the place where the arrest occurred, according to Ohio Revised Code §4510.021. The petition also must be sent in writing.
Drivers will be notified of the time and place of the hearing after the request for the administrative hearing is made. If it is granted, a driver could appear in person and he or she also could have legal counsel. An experienced Cincinnati DUI defense attorney can present evidence, examine witnesses and help you fight to keep your right to drive.
There are several reasons a person could appeal an administrative license suspension. According to Ohio Revised Code §4511.197, some grounds for appeal could include:
- Whether the arresting officer had reasonable ground to believe the driver was intoxicated
- Whether the officer requested the arrested person to submit to the chemical test
- If the driver was not informed of the penalties for refusal or failure of a chemical test
- Whether the driver refused to submit to the test
- Failure of the test is not present
Additionally, a person could appeal the suspension if he or she could not submit to a chemical test because of health problems. For example, if a person has a medical condition that could alter the results of the test, it should not be treated as a refusal.
A person who appeals the suspension has the burden of proving by a preponderance of the evidence, that one or more of the conditions has not been met. This means it is the duty of the driver and his or her legal counsel to explain why the suspension should be overturned.
After the license revocation hearing, the Hearing Office will send a recommendation to the Ohio BMV. Drivers will be notified of the decision on whether or not driving privileges will be reinstated. However, drivers still could face a license suspension or revocation following the criminal case.
Finding the Best Cincinnati Implied Consent Suspension Lawyer for an Appeal
Ohio's implied consent law is valid and constitutional, but only if the law enforcement officers follow the correct procedure. A skilled and experienced DUI defense attorney can examine the facts of your case and determine if proper protocol was followed. An officer's accuracy is critical when appealing your suspension. Call (513) 339-6289 for a free consultation.