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due process and dui Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "due process and dui"

DUI Case Law – Ohio DUI | OVI Blog (Due Process)

To understand DUI case law, it is important to understand how the United States Supreme Court analyzes due process issues.  "The Supreme Court has identified two distinct categories of fundamental liberties. The first category includes most of the liberties expressly enumerated in the Bill of Rights. Through a process known as "selective incorporation," the Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment to bar states from denying their residents the most important freedoms guaranteed in the first ten amendments to the federal Constitution. Only the Second Amendment right to bear arms, the Third Amendment right against involuntary quartering of soldiers, and the Fifth...

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Due Process and the Administrative License Suspension

How can it be constitutional for the State to take my license immediately via the Administrative License Suspension?Ohio believes that driving is not a right, but a privilege. See 4511.191  If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The Administrative license suspension is a suspension imposed by the Ohio...

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