City of Kettering v. Baker

It is the contention of the appellant herein that R. C. 4511.191(A) provides for a mandatory administration of one of the tests described therein to any person arrested for operating a motor vehicle upon the public highawys in this state while under the influence of alcohol, and that the failure “to give the prescribed tests” is a denial of the appellant’s constitutional rights.

This section of the Revised Code is generally referred to as the implied-consent statute, and it begins with the language “ [a]ny person who operates a motor vehicle upon the public highways” and proceeds to follow…