DUI License Suspension in Ohio
How Long Is Your License Suspended for DUI?
Getting charged with a DUI/OVI in Ohio is a serious matter. Not only does a conviction lead to expensive fines and time in jail, but it also results in the suspension of your driver’s license.
One of the many questions we are asked by prospective clients is, how long will my license be suspended for a DUI? The good news is your license will only get suspended if you are convicted of a DUI.
In fact, many of our clients do not end up with a DUI conviction. Our goal is to get a favorable outcome with 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.
How Long Do You Lose Your License After A DUI In Ohio?
Driving privileges are important to our clients. We understand how important it is to drive for a living. We do it every day as we drive from Canton to Cleveland, and Sandusky to Ashtabula on a regular basis.
Assuming for a moment that the prosecution has a strong case against you:
- For a first DUI offense in 6 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. After interacting with the arresting police officer, a lot of people think that their license will only be suspended for 90 days because they agreed to take the breath test. Unfortunately, this is how police officers trick people into taking the breath test – the implied promise of a shorter license suspension.
- For a second DUI offense in 6 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.
We know that some clients need their licenses to lawfully drive back and forth to work every day. Commercial driver’s license holders and others who drive for a living obviously need a valid license for employment.
We know how hard it is to find good jobs, and we fight as hard as possible to make sure our client’s driving privileges are protected.
We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.
No Case is Hopeless
We Don't Back Down. Ever.
Explore some of our recent wins.
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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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Not Guilty At Trial ROCKY RIVER V. D.F.
Client was charged with domestic violence against his wife.
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Plea and Record Expunged STATE V. BAILEY, CUYAHOGA
Client was accused of stealing tens of thousands of dollars worth of property.
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Charges Dismissed State v. Beckwith, Cuyahoga County
Student charged with the manufacturing of ecstasy.
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Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN
Local counsel pushed for a plea to one of the sex related charges.
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Acquittal State v. Tevin Biles
Client was identified as one of the alleged shooters at a New Year’s Eve party.
Why Did The Police Take My License After a DUI / OVI Arrest?
Some people who are arrested for a DUI in Ohio get their licenses taken away from the police. An officer will take a person’s driver’s license at the time they are arrested because they either refused to take a breath test or failed the breath test.
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.
We understand that the paperwork is confusing and you are concerned about getting your license reinstated and being able to drive. When we represent you for a license suspension in Ohio, the goal is to get your driving privileges back as soon as possible.
What Are the Types of License Suspension in Ohio?
In Ohio, there are two types of DUI license suspensions:
- An administrative license suspension (ALS)
- Criminal license suspension
The Ohio BMV oversees an administrative license suspension A criminal license suspension is administered by the court system.
While an administrative suspension can last up to 90 days, if you are convicted of a first-time DUI offense, you can lose your license for three years.
Not having your driving privileges for that long makes it difficult to commute to work or school, make important appointments, go shopping, run household errands, and live your life in general.
Fortunately, Ohio now gives DUI offenders an opportunity to drive after conviction if they install an ignition interlock device (IID) on all vehicles they own and operate.
Rather than wait at least a year to regain your driving privileges after a first offense, the minimum suspension period is six months when you get an IID installed in your vehicle.
How We Help Our Clients Get Back Their Driving Privileges
Fortunately, there are a few ways to successfully reinstate driving privileges. Think of your driver’s license as an apple.
The Ohio BMV gets the first bite with an administrative license suspension. The court system gets a second bite at suspending your license if you are convicted.
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.
- 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. Get answers to your questions by talking with a DUI attorney from Patituce & Associates. to see how we can help you today.
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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