Enhanced Implied Consent Penalty Declared Unconstitutional
January 20, 2008
Ohio law states that any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within Ohio or who is in physical control of a vehicle shall be deemed to have given consent to a chemical test or tests of the person’s whole blood, blood serum or plasma, breath, or urine to determine the alcohol, content of the person’s whole blood, blood serum or plasma, breath, or urine if arrested for a violation of the drunk driving statutes.
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