Normally I do not discuss DUI cases on here because my main interest is in fighting speeding tickets, however, I think this ruling from the Supreme Court is important to all motorist.
Syllabus of the court: In this case, we consider the constitutionality of R.C. 4511.19(A)(2), which requires the imposition of criminal penalties upon certain persons who refuse to consent to chemical testing after being arrested for operating a motor vehicle while under the influence of alcohol or a drug of abuse (“DUI”).1 We hold that R.C. 4511.19(A)(2) does not violate the Fourth Amendment to the United States Constitution or Section 14, Article I of the Ohio Constitution.
The Ohio Supreme Court used the case of the State v. Starnes (1970), 21 Ohio St.2d 38, 50 O.O.2d 84, 254 N.E.2d 675, paragraph one of the syllabus, this court found the implied-consent statute to be constitutional as a basis for administering breathalzyer testing.
Driving is considered a privilege in the United States and not a universal freedom, and as such, the driver automatically consents to the administration of testing to see if the driver is intoxicated in violation of the OVI laws.
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