State v. Hochhausler

668 N.E.2d 457, 76 Ohio St. 3d 455
Ohio Supreme Court·Decided July 30, 1996·No. No. 95-1365·Published·Cited by 175 cases

Opinions

Moyer, C.J.

In this case, we are asked to determine several issues relating to the constitutionality of R.C. 4511.191 and 4511.195.

[458]*458It is a well-settled rule that an Act of the General Assembly is entitled to a strong presumption of constitutionality. Arnold v. Cleveland (1993), 67 Ohio St.3d 35, 616 N.E.2d 163. Moreover, challenged legislation will not be invalidated unless the challenger establishes the unconstitutional nature of the statute beyond a reasonable doubt. Hilton v. Toledo (1980), 62 Ohio St.2d 394, 396, 16 O.O.3d 430, 431, 405 N.E.2d 1047, 1049. We apply these principles to both appeals.

I

R.C. U511.191 — Procedural Due Process

Hochhausler argues that the administrative suspension of his driver’s license pursuant to R.C. 4511.191(F) is unconstitutional because the statute permits the suspension to occur without due process of law.

R.C. 4511.191(F) provides:

“Upon receipt of the sworn report of an arresting officer completed and sent to the registrar and a court pursuant to divisions (D)(1)(c) and (D)(2) of this section in regard to a person whose test results indicate that his blood contained a concentration of ten-hundredths of one per cent or more by weight of alcohol, his breath contained a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his breath, or his urine contained a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his urine at the time of the alleged offense, the registrar shall enter into his records the fact that the person’s driver’s or commercial driver’s license or permit or nonresident operating privilege was suspended by the arresting officer under division (D)(1)(a) of this section and the period of the suspension, as determined under divisions (F)(1) to (4) of this section. The suspension shall be subject to appeal as provided in this section and shall be for whichever of the following periods that applies:
“(1) If the person has not been convicted, within five years of the date the test was conducted of a violation of section 4511.19 of the Revised Code, * * * the period of the suspension or denial shall be ninety days.
“(2) If the person has been convicted, within five years of the date the test was conducted, of one violation of a statute or ordinance described in division (F)(1) of this section, the period of the suspension or denial shall be one year.
“(3) If the person has been convicted, within five years of the date the test was conducted, of two violations of a statute or ordinance described in division (F)(1) of this section, the period of the suspension or denial shall be two years.
“(4) If the person has been convicted, within five years of the date the test was conducted, of more than two violations of a statute or ordinance described in [459]*459division (F)(1) of this section, the period of the suspension or denial shall be three years.”

R.C. 4511.191(H)(1) permits a person to appeal the administrative license suspension at the initial appearance on the underlying DUI charge, which must be held within five days of arrest. Division (H)(1) further provides that the only issues that may be raised in an ALS appeal are:

“(a) Whether the law enforcement officer had reasonable ground to believe the arrested person was operating a vehicle * * * while under the influence * * * or with a prohibited concentration of alcohol in the blood, breath, or urine and whether the arrested person was in fact placed under arrest;
“(b) Whether the law enforcement officer requested the arrested • person to submit to the chemical test * * *;
“(c) Whether the arresting officer informed the arrested person of the consequences of refusing to be tested or of submitting to the test;
“(d) Whichever of the following is applicable:
“(i) Whether the arrested person refused to submit to the chemical test requested by the officer;
“(ii) Whether the chemical test results indicate that [the arrestee’s blood, breath, or urine contain alcohol in excess of the statutory limits.]” R.C. 4511.191(H)(1)(a) through (d).

Due process under the Ohio and United States Constitutions demands that the right to notice and an opportunity to be heard must be granted at a meaningful time and in a meaningful manner where the state seeks to infringe a protected liberty or property interest. Greene v. Lindsey (1982), 456 U.S. 444, 102 S.Ct. 1874, 72 L.Ed.2d 249; Boddie v. Connecticut (1971), 401 U.S. 371, 378, 91 S.Ct. 780, 786, 28 L.Ed.2d 113; Williams v. Dollison (1980), 62 Ohio St.2d 297, 299, 16 O.O.3d 350, 351, 405 N.E.2d 714, 716. However, the concept of due process is flexible and varies depending on the importance attached to the interest and the particular circumstances under which the deprivation may occur. Walters v. Natl. Assn. of Radiation Survivors (1985), 473 U.S. 305, 320,105 S.Ct. 3180, 3189, 87 L.Ed.2d 220, 232.

It is well settled that the Due Process Clause applies to the suspension or revocation of a driver’s license. Dixon v. Love (1977), 431 U.S. 105, 112, 97 S.Ct. 1723, 1727, 52 L.Ed.2d 172, 179-180; Bell v. Burson (1971), 402 U.S. 535, 539, 91 S.Ct. 1586, 1589, 29 L.Ed.2d 90, 94; Maumee v. Gabriel (1988), 35 Ohio St.3d 60, 518 N.E.2d 558. Accordingly, we proceed to determine whether the procedural safeguards provided by R.C. 4511.191 are sufficient to comply with the requirements of due process.

[460]*460In Mackey v. Montrym (1979), 443 U.S. 1, 99 S.Ct. 2612, 61 L.Ed.2d 321, the United States Supreme Court addressed the issue of what process is due to protect an individual against an erroneous deprivation of the property interest in a driver’s license. The Mackey court used the three-pronged balancing test set forth in Mathews v. Eldridge (1976), 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18. Although we have previously applied the Mathews test in determining that an administrative suspension of a driver’s license does not violate due process when a postsuspension hearing is provided, Gabriel, 35 Ohio St.3d at 62-63, 518 N.E.2d at 561-562, the statute at issue here requires an independent application of the Mathews test. The test requires the consideration of the following factors:

“First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation

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State v. Hochhausler, 668 N.E.2d 457, 76 Ohio St. 3d 455 (Ohio 1996).

668 N.E.2d 457 (State v. Hochhausler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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