There are two types of suspensions that could happen after a DUI/OVI arrest. One would be the administrative suspension and the other is a court ordered suspension after conviction.
If you tested at or above one of the two legal limits (0.08 or 0.17) or you refused the chemical test, your license has been suspended. Generally, refusing to take a breathalyzer on your first offense is better overall for your case but it can have consequences. Refusing to take a chemical test can increase the length of your license suspension and can also result in higher fines and more jail time if you have prior convictions. There are many techniques to help fight an OVI license suspension in Ohio. That is why you need an experienced Ohio OVI license suspension attorney to help fight your case.
An Administrative License Suspension (ALS) is a driver’s license suspension that can be imposed, before any court involvement, on individuals charged with Operating a Vehicle Impaired (OVI). Upon arrest for OVI, if you submit to a chemical test and the results are at or above the legal limit, your license will be suspended for 90 days on a first offense. No driving privileges can be granted for the first 15 days, but there are ways around this.
You may apply to the court for a stay of the administrative license suspension that puts your suspension on pause while the case is pending. You may also apply for a termination of the suspension if certain procedures were not followed properly. Both a stay and a termination allow you to drive as though you have no suspension at all. You can even go to the BMV to get a new copy of your license.
If a stay or a termination of the license suspension are not options, you may apply for driving privileges after the required period of time. By properly filing a motion for driving privileges, you will be able to drive to work, to school, and for medical reasons.
For your first offense, if you blow 0.08 or over, you automatically lose your license for a 90-day period. An ALS is independent of your court ordered suspension. A conviction for OVI will result in a license suspension for six months to three years. If this is your first offense and you refused the breathalyzer, you automatically lose your license for one year. Refusing to take the breathalyzer in Ohio does have consequences, but can help to obtain a positive result in your case.
The second OVI will be an automatic one-year license suspension if it was within six years of your previous OVI. This ALS suspension is independent again of your court ordered suspension, which will be between one and five years if convicted. If your BAC (blood alcohol content) is between 0.08 – 0.17 and you are found guilty of OVI, you will serve a minimum of 10 days in jail, you will pay a fine between $525 and $1625, and the court will order you to attend any recommended alcohol or drug treatment programs.
For your third OVI conviction in Ohio, you will automatically receive a three-year administrative license suspension if your conviction is within six years of your previous two DUIs. The ALS suspension is independent of your court ordered suspension, which will be between 2 and 10 years. If your BAC (Blood Alcohol Content) is between 0.08 and 0.17 you will serve a minimum of 30 days in jail, you will be ordered to pay a fine between $850 and $2750, and you will be ordered by the court to go to an alcohol and drug treatment program.
All 4th and 5th convictions are felonies if within six years of your previous OVIs. This ALS (Administrative License Suspension) is three years long and is independent of your court ordered suspension that will range from three years to life! If your BAC is between 0.08 and 0.17, you will serve a minimum of 60 days and a maximum of one year in jail. Your fines will be between $1350 and $10,500.
At The Maher Law Firm, an experienced Ohio OVI license suspension attorney will help to reduce these penalties. We understand the complexity of OVI/DUI cases and will fight for your rights. We currently represent clients facing DUI charges in Columbus and throughout Central Ohio.
Contact The Maher Law Firm today for a free consultation. Call 614-205-2208 to speak to a lawyer now.