How can the government take my license before I am convicted of a crime?
We all know that we are innocent unless and until proven guilty in this country. Yet, after an OVI accusation, it feels as though punishment is served prior to any conviction and without due process. In most Ohio OVI cases, a person's license is taken immediately upon suspicion of OVI through the "Administrative License Suspension" (ALS). Ohio imposes the ALS because Ohio is an "implied consent" state-essentially your Ohio Driver's license is a contract between you and the state of Ohio, whereby you agree to follow Ohio's rules to drive on Ohio's roads. One of those rules is that you agree to blow into the machine and not blow over in exchange for the right to drive. If you refuse to blow or blow over, then the state can take your license on the spot. While this seems directly related to your criminal OVI charge, it is a civil action by the Ohio BMV against you for violating your implied consent agreement.1