Cline v. Ohio Bureau of Motor Vehicles

The case before us raises questions with respect to the Ohio implied consent statute, former R.C. 4511.191. The issue presented is whether a licensee is subject to license suspension when he refuses to submit to a breathalyzer test on the grounds that the request was made more than two hours after he operated a vehicle while under the influence of alcohol on a public highway.

Appellant bases his refusal of the officer’s request to submit to a chemical test upon the following statutory provision which reads, in relevant part:

“In any criminal prosecution for a violation of this section, of a…