State v. Lewis
State v. Lewis
Opinion of the Court
{¶ 1} The city of Cincinnati has appealed from the trial court’s termination of defendant-appellee Verdial Lewis’s administrative license suspension (“ALS”).
{¶ 3} Lewis was charged with driving under the influence (“OVI”), making an improper turn, and failing to reinstate his license. Following a bench trial, Lewis was found guilty of the latter two offenses. But the trial court found him not guilty of OVI, and it terminated his ALS. In its sole assignment of error, the city now argues that the trial court’s termination of the ALS was in error.
{¶ 4} R.C. 4511.191(B) provides for an automatic license suspension following the refusal to submit to a chemical test. And R.C. 4511.191(D)(1) specifically states that “[a]ny subsequent finding that the person is not guilty of the charge that resulted in the person being requested to take the chemical test or tests under division (A) of this section does not affect the suspension.”
{¶ 5} This latter provision is directly on point. It clearly states that an ALS imposed for the refusal to submit to a chemical test remains in effect even if a defendant is found not guilty of the charge resulting in the request for the chemical test, which in this case was OVI.
{¶ 6} In State v. Kurtz, the Second Appellate District considered a similar argument.
{¶ 7} We hold that under R.C. 4511.191(D)(1), Lewis’s ALS should have remained in effect and was not terminated by the trial court’s finding of not guilty on the OVI charge. The trial court erred in terminating the ALS.
Judgment reversed and cause remanded.
. Lewis has not filed an appellate brief.
. See State v. Gustafson (1996), 76 Ohio St.3d 425, 440, 668 N.E.2d 435.
. State v. Kurtz (Dec. 31, 1997), 2nd Dist. No. 97-CA-25, 1997 WL 797709.
. Id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.