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DUI License Suspension in Ohio

How Long Is Your License Suspended for a DUI in Ohio?

Getting charged with a DUI or OVI in Ohio is serious. A conviction can bring fines, possible jail time, and a suspended driver's license. How long your license is suspended depends on whether the suspension comes from the Ohio BMV or from the court, and on your test result and prior offenses.

For a first DUI conviction, the court can suspend your license for six months to three years. A separate suspension from the BMV can start before any conviction, after a failed or refused breath test.

In fact, many of our clients do not end up with a DUI conviction. Our goal is a favorable outcome, which can mean a reduction or a dismissal.

Following an arrest for an OVI, the Ohio Bureau of Motor Vehicles (BMV) will send you a notice that your license will be suspended pursuant to an administrative license suspension.

One of the benefits of hiring us to represent you in an OVI case is that we will appeal the BMV's determination to suspend your license.

If you are facing license suspension for DUI, call us today at (440) 771-1175 for a free consultation on how we can help you.

Can Your License Be Suspended Before a Conviction?

Yes. An administrative suspension is handled by the BMV, not the court. It can begin after an OVI arrest if your breath test result is at or above a legal limit (0.08 or 0.17), or if you refuse a chemical test. Because it does not depend on a conviction, it can take effect while your criminal case is still pending.

The Two Types of DUI License Suspension in Ohio

  1. An administrative license suspension (ALS). The Ohio BMV oversees this suspension.
  2. A criminal license suspension. The court administers this suspension, and it applies only if you are convicted.

The length of each suspension depends on the type of suspension and your case. The administrative lengths are covered in the Form 2255 section below.

For repeat offenses, see our multiple DUI page.

How Long Do You Lose Your License After a DUI Conviction?

Driving privileges matter to our clients, and many of them drive for a living. Here is how the court-ordered suspension works when the prosecution's case is strong.

  • For a first DUI offense within six years: You will lose your license from six months to three years. This is a judicially imposed suspension, which means the suspension can be negotiated and argued for a reduction in the length of the suspension. Many people expect a shorter suspension because they agreed to a breath test. That expectation is a common misunderstanding, and a lawyer can explain how the court-ordered and BMV suspensions differ.
  • For a second DUI offense within six years: With a prior DUI within six years, a person could potentially have their driver's license suspended for one year up to five years. This decision is also a judicially imposed sentence by the judge presiding over your case, instead of the BMV.

Clients who need to drive for work, including commercial driver's license holders, often need their driving privileges back quickly. We focus on protecting those privileges from the start of the case.

Many people search for this as "how many DUIs before my license is revoked." The answer depends on the offenses and their dates.

Ignition Interlock: Driving Again Sooner

Ohio gives DUI offenders an opportunity to drive after conviction if they install an ignition interlock device (IID) on all vehicles they own and operate. For a first offense, the minimum suspension period with an IID is six months, rather than a year without one.

What Is an Ignition Interlock Device?

An ignition interlock device works like a breathalyzer that controls your ignition. You breathe into the device to start your vehicle. If your blood alcohol content is above .02 percent, the vehicle will not start. The device also requires random tests while the vehicle is in motion. If it detects alcohol, the company that monitors the device is notified of the failed result. A failed test can lead to a longer license suspension or a jail sentence.

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Explore some of our recent wins.

  • Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)

    Our client was accused of driving while under the influence of drugs, or alcohol.

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    Client was charged with domestic violence against his wife.

  • Plea and Record Expunged STATE V. BAILEY, CUYAHOGA

    Client was accused of stealing tens of thousands of dollars worth of property.

  • Charges Dismissed State v. Beckwith, Cuyahoga County

    Student charged with the manufacturing of ecstasy.

  • Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN

    Local counsel pushed for a plea to one of the sex related charges.

  • Acquittal State v. Tevin Biles

    Client was identified as one of the alleged shooters at a New Year’s Eve party.

Challenging an Administrative License Suspension in Ohio

Administrative suspensions follow their own rules, and many people do not know how they work.

An administrative license suspension is issued when one of two things happens:

  • Your breath or blood result is at or above one of the two legal limits (0.08 or 0.17); or
  • You refuse to submit to testing.

We file motions to restore driving privileges during an administrative suspension. As published, a driver may be allowed to drive for necessary purposes such as work, church, school, grocery shopping, and medical appointments within 15 days after a failed test. After a refusal, the page's figure is 30 days.

By challenging the suspension as soon as possible, you are not only making a case for driving privileges, but you are forcing the prosecutor to prove that the traffic stop was proper, that there was a reason to remove you from your vehicle, and that there was probable cause to arrest you for DUI.

If the challenge succeeds, the administrative suspension can be dismissed.

Form 2255: What It Is and Why the Officer Took Your License

An officer can take your driver's license at the time of arrest if you refused a breath test or failed one.

Ohio law requires law enforcement to issue a Form 2255 after someone refuses the breath test or fails the test because their blood alcohol concentration (BAC) was above the legal limit.

This form puts you on notice that you have lost the right to drive. If this is your first DUI, the notice states that you cannot drive for 90 days if you failed the breathalyzer test. If you refused to take a breathalyzer test, the form states that you cannot drive for one year.

The paperwork is confusing, and you may be worried about getting your license reinstated. When we represent you in a license suspension case, the goal is to get your driving privileges back as soon as possible.

How We Help Our Clients Get Back Their Driving Privileges

Driving privileges can be restored in more than one way. The BMV handles the administrative suspension, and the court handles the suspension that follows a conviction.

Below is a brief overview of some of the ways we help obtain privileges for our clients:

  • Appealing the administrative license suspension. When you are arrested for a DUI, your license is almost always taken, you are given a BMV form numbered 2255, and the Ohio BMV suspends your license. This form informs you of your suspension and allows the police to administratively, without a formal hearing, revoke your license for 15 days on a first offense. In order to obtain privileges within this period of time, you must file a formal appeal. (Carries the 15-day figure from the live page. See QA.)
  • Getting a stay on an administrative license suspension. This is closely related to the appeal and is sometimes used by a judge to see how serious a person is about driving, without depriving the court of the ability to suspend a license while the case is active. A stay is temporary. If a person is found guilty of DUI, the suspension will be automatic.
  • The strategy of filing the appeal. Depending on the timing and the client's needs, we strategize how and when we will file the appeal to get their license reinstated. In some cases, it can be beneficial to wait out the 15 days.

Talk with a DUI attorney at Patituce & Associates to see how we can help you today.

Driving on a Suspended License Is a Separate Charge

Driving while your license is suspended is a separate charge from a DUI. If you are facing that charge, see our driving under suspension page.

Want to learn what we can do to help with your license suspension? Call us at (440) 771-1175 today for a free consultation with one of our Cleveland DUI license suspension lawyers.

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