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The officer took my license and served me with a notice of drivers license suspension after the breath test: How can he do that if Im presumed innocent?

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The officer took my license and served me with a notice of drivers license suspension after the breath test: How can he do that if Im presumed innocent?

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There is still a presumption of innocence in the State of Ohio, and this does not go away simply because the officer has taken your driver’s license. An officer can take your license, however, under the Ohio Revised Code if you either refuse to take the breath test (assuming it is not a PBT, discussed below), or if you test over the legal limit. This suspension is called an ALS Suspension (Administrative License Suspension). The rationale is that you have given your consent to take these tests when you have obtained your driver’s license. Refusing your consent forfeits your license for a period of time. You do, however, have the right to appeal this suspension. It is time sensitive, so if you decide that you would like to appeal this suspension and/or obtain limited driving privileges during the duration of the suspension, you should consult an attorney promptly.

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