Ohio police officers will immediately suspend your driver’s license if you are arrested for suspicion of driving under the influence (DUI) or operating a vehicle under the influence (OVI). How long the suspension lasts varies. With help from a Columbus DUI lawyer, you may be able to avoid a lengthy suspension of your license and other penalties.
Koffel Brininger Nesbitt is the highest-ranked DUI law firm in Ohio. Our team can help you defend against an impaired driving charge. Contact us today.
Administrative License Suspension (ALS)
Per Ohio Revised Code §4511.19, a driver may have their license suspended on the spot. They can receive an administrative license suspension if police stop them for suspicion of DUI. Or, if a person takes a blood, breath or urine test and the result shows they are over the legal limit, a police officer may suspend their license.
Following a positive chemical test, an individual may have their driver’s license suspended anywhere from 90 days to the rest of their life, depending on how many prior convictions they have received and other factors. For an initial offense, a person must serve their suspension and pay a reinstatement fee. They must provide current proof of insurance through the conclusion of their suspension.
If a driver refuses to take a chemical test, a police officer can still suspend their license, and the suspension may last a lifetime. Based on how many prior convictions they have, this individual may be able to make their license active once again. To do so, they may have to serve their suspension and meet other criteria.
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Court Suspension
If a person is found guilty of a DUI or OVI, they may receive a court suspension. This is imposed by a judge. It is mandatory for anyone convicted of driving or operating a vehicle under the influence.
An administrative license suspension and court suspension are not the same. You may receive an ALS as a civil sanction if you abuse your driver’s license privilege. Comparatively, a court suspension is classified as a criminal sanction.
The length of time your driver’s license is suspended is less with an ALS versus a court suspension. For example, for a first-offense ALS, you may have your license suspended for up to one year. With a court suspension, a first-time DUI offender may have their license taken away for a minimum of one year.
How Long a Driver’s License Suspension Lasts
If you are charged with a DUI offense for the first time in 10 years, you may have your license suspended for up to three years. This applies even if you take a breath test. However, you may be able to work with an attorney who can help you craft a DUI defense strategy and argue that your suspension should be reduced.
For those who were previously convicted of driving under the influence within 10 years, they may have their license suspended for up to seven years on a second offense. If this is your third offense, you may lose your license for up to 12 years. A fourth offense may lead to a lifetime suspension.
In addition to revoking your license, you may face other penalties when you are arrested for a DUI or OVI. You may receive fines and jail time. Along with these, you may be put on probation.
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Legal Limit in Ohio
The legal limit for blood alcohol concentration (BAC) for drivers age 21 and older is 0.08, per Ohio’s OVI laws. Even if a driver has a BAC below this mark, a court may still determine they were operating a vehicle while under the influence. How the court makes this determination may depend on evidence provided by police officers at the scene and other information.
For drivers under the age of 21, they may be arrested for a DUI or OVI if they have a BAC of 0.02 or higher. If a motorist 21 or younger gets arrested for a DUI or OVI, they may have their license suspended for up to six months. They may also face fines and jail time.
At Koffel Brininger Nesbitt, we have a track record of success in DUI and OVI cases. We may be able to get any driving or operating under the influence charges against you dismissed or reduced. For more information, reach out to us.
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How to Contest a Driver’s License Suspension
According to the Ohio Bureau of Motor Vehicles (BMV), you have the option to appeal a driver’s license suspension within five days of your DUI arrest or within 30 days of your initial appearance for your charge. How you contest a charge may vary based on whether you are dealing with an ALS or court suspension. An attorney may help navigate the appeals process.
With an ALS, you may be able to argue that a police officer did not have grounds for arresting you due to driving or operating a vehicle under the influence. You may also be able to show that an arresting officer did not give you the opportunity to submit a chemical test. If an officer did not inform you about the consequences that come with not taking a sobriety test, you may be able to dispute the charge against you.
For a court suspension, an attorney may attempt to have an initial charge reduced to one that does not come with a mandatory driver’s license suspension. This may require a lawyer to negotiate on their client’s behalf. The attorney may help their client come to a plea agreement that meets the needs of both their client and the prosecutor.
What to Do if You Have Your Driver’s License Suspended After a DUI
You have the right to appeal a driver’s license suspension. An attorney may help you take advantage of this opportunity. They may be able to help you craft an argument designed to help you get your license back.
With an appeal, you may be able to have the original charge against you dropped. Your attorney may also be able to negotiate a lesser punishment. In either scenario, your lawyer may advocate for you, protect your legal rights, and help you pursue all options to contest the charge you face.
If you want legal help after a DUI or OVI arrest in Ohio, partner with Koffel Brininger Nesbitt. Our team can take a look at your case and go over your legal options with you. To learn more, contact us today.
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