Dayton DUI Law Firm Answers License Issue Questions

Learn About Ohio Laws Regarding Suspended Licenses from an Experienced Dayton Law Firm

License Issues

Our Dayton DUI law firm believes that you should be fully aware and informed of Ohio's implied consent law. We have provided detailed, yet easy to understand descriptions of such Ohio laws, so you can choose the best Dayton law firm to represent you and your case in court.

License Suspension

WHAT IS OHIO’S IMPLIED CONSENT LAW?

The substance of R.C. 4511.19.1, the implied consent law, is that every person who operates a motor vehicle on the public highways in Ohio has given his consent to a chemical test of his blood, breath or urine for the purpose of determining the alcoholic content of his blood if arrested for the offense of driving while under the influence of alcohol. The test shall be administered at the direction of a police officer having reasonable grounds to believe that the person was driving a motor vehicle upon the highways in this state while under the influence of alcohol. Such person shall be advised at a police station of the consequences of his refusal to submit to such chemical test. This advice shall be in a written form prescribed by the registrar of motor vehicles and shall be read to such person. The form shall contain a statement that it was shown to the person under arrest and read to him in the presence of the arresting officer and one other police officer or civilian police employee. Such witness shall certify to this fact by signing the form. If the person under arrest refuses to submit to the chemical test after first having been advised of the consequences of his refusal, the test shall not be given.

When the registrar of motor vehicles receives a sworn report by the police officer that he had reasonable grounds to believe the arrested person had been driving a motor vehicle upon the public highways in this state while under the influence of alcohol, and that the person refused to submit to the test after being advised of the consequences of his refusal, said registrar shall suspend his driver's license for a period of six months. The registrar shall immediately notify the person in writing that his license has been suspended and that he may appeal this decision and petition for a hearing.

Any person whose license to drive has been suspended under this section may within 20 days of the mailing of the notice by the Registrar of Motor Vehicles file a petition in the municipal or county court alleging error in the action taken by the registrar. Such petitioner shall notify the registrar of the filing of the petition and send him a copy. The scope of the hearing shall be limited to the following issues: (1) whether a police officer had reasonable ground to believe the person had been driving a motor vehicle on the public highways in this state while under the influence of alcohol; (2) whether the person was placed under arrest; (3) whether he refused to submit to the test upon request of the officer; (4) whether he was advised of the consequences of his refusal.

The registrar shall furnish a copy of the registrar's affidavit, which was prepared and signed by the arresting officer, to the court. The court shall decide whether the registrar has erred in the action he has taken and this issue will be decided upon the registrar's certified affidavit and such additional, relevant, competent and material evidence as either the registrar or the person whose license is sought to be suspended submits. If the court finds that there was no error in the action taken by the registrar he shall impose sentence by suspending the license for six months. If the court finds that such person has shown error in the action taken by the Registrar of Motor Vehicles the suspension of his driver's license shall not be imposed.

A most difficult issue to be decided by a municipal court is whether a police officer had reasonable grounds to believe that a person was driving a motor vehicle while under the influence of alcohol. This is where an aggressive Dayton DUI law firm is able to aid your case.

Reasonable grounds will be determined from the totality of all the facts and circumstances, including the person's actions immediately prior to his driving the motor vehicle; during the period of time he was driving the motor vehicle, including, but not limited to, the manner in which he was driving the motor vehicle; and immediately after he discontinued driving the motor vehicle, including his activities immediately after getting out of the motor vehicle.

It is not necessary that the police officer have reasonable grounds only from the manner in which the person was drivingthe motor vehicle because a person may be driving under the influence of alcohol and driving in a manner that would not indicate he was under the influence of alcohol. Each case must be decided on its own facts. It was the intention of the legislature that the police officer determine whether there were reasonable grounds to believe the person was driving while intoxicated after all of the foregoing acts. These laws can be difficult to disseminate, especially at the time of the arrest or breath test, so our Dayton law firm wants you to be informed before you consent to such a test.

Reference to reasonable grounds is contained in several places in R.C. 4511.19.1, and all such references are in the past tense. It is stated in R.C. 4511.19.1(A): "* * * The test or tests shall be administered at the direction of a police officer having reasonable grounds to believe the person to have been driving a motor vehicle while under the influence of alcohol. * * *"

R.C. 4511.19.1(D): "* * * but the Registrar of Motor Vehicles upon the receipt of a sworn report of the police officer that he had reasonable grounds to believe the arrested person had been driving a motor vehicle * * * while under the influence of alcohol. * * *"

R.C. 4511.19.1(F): "* * * The scope of such hearing shall be limited to the issues of whether a police officer had reasonable grounds to believe the person had been driving a motor vehicle upon the highways in this State while under the influence of alcohol. * * *"

When a police officer has reasonable grounds to believe that a person has been driving a motor vehicle while under the influence of alcohol, he shall immediately arrest such person and forthwith take him to the police station and request that he take the test provided for in R.C. 4511.19.1. [The above was taken from Atwell v. State (1973), 35 Ohio App.2d 221].

For a wonderful analysis of how the Fundamental Fairness Doctrine of the 14th Amendment applies to Implied Consent laws please see this article by National College of DUI Defense, Regent Robert W. Chestney.

Driving Under Suspension

If you find yourself charged with a Driving Under Suspension or D.U.S. offense, you will encounter one of the most confusing and overwhelming areas of Ohio law. Our Dayton DUI law firm knows how to defend you on a DUS charge. Here are a few of the ways that you can get suspended in Ohio. Click on the link for more information, or contact attorney Charles M. Rowland immediately by calling 1-888-ROWLAND. You can get your life back!

How can I contact the Ohio Bureau of Motor Vehicles (BMV)?

What if I cannot afford to pay my reinstatement fee?

Ohio Revised Code section 4510.10 sets forth the procedure for a municipal and/or county court to follow in cases involving an offender that cannot reasonably pay reinstatement fees due and owing. The court can establish a payment plan of not less than fifty dollars per month, or give the offender an extension of their operating privileges until a future date upon which date all reinstatement fees must be paid in full. Pursuant to R.C. 4510.10 (F), reinstatement fees are debts that may be discharged in bankruptcy.

How do I subpoena records from the BMV?

To obtain authenticated driver record from BMV send a subpoena duces tecum to: Ohio BMV, P.O. Box 16583, Columbus, Ohio, 43216. You can accomplish the same result by filing a records request filing BMV form 1173.
What are the current license and registration fees?
Current driver’s license fees, I.D. fees and vehicle registration fees can be found here. http://www.bmv.ohio.gov/misc/fees.htm

Does the BMV keep crash report records? How do I obtain these records?

Anytime an individual is involved in a motor vehicle accident and a police report is made, all parties listed on the police report have an entry of that accident placed on their driving record. When this entry is placed on the record, there are no points assessed and it does not specify who was at fault.
A copy of the report may be obtained by writing to:

There is a $4.00 fee for each copy requested. Questions regarding accident reports can be directed to the Traffic Crash Records at (614) 752-1583.

NOTE: A Police Report is different from a State Crash Report.

COMMON QUESTIONS

• Ohio's War On Drunk Drivers
• What is Ohio's DUI Law And What Does "Under The Influence" Mean?
• What Is Ohio's Implied Consent Law?
• What Happens When I Am Stopped?
• What Happens If I'm Arrested?
• The Breath Test: What Is The Law?
• What Happens After I've Been Sentenced?
• What If I'm A Trucker?
• What If I'm Underage?
• When Do I Go To Court?
• How Do I Choose An Attorney?
• What Does My Attorney Do Prior To Trial?
• What Are The Possible Penalties For A DUI Conviction?
• What Are The Defenses To An OVI Offense?
• Do I Have A Right To Talk To An Attorney Prior To Taking The Requested Chemical Tests?
• What is Ohio's Driving Under Suspension Law?
• What do I do after my case to protect my license?