#IS MY LICENSE SUSPENDED OHIO LICENSE#
We are only talking about license suspension here you are likely facing time in jail and hefty fines on top of this. If you have been arrested and charged with a DUI, your license may have already been suspended administratively (by the BMV), and in addition, you may be facing up to three years with a suspended license for a first offense and up to five years for a second offense. In other words, if you are tried and found guilty of drinking and driving, your license can be suspended from anywhere between six months and three years. This is completely separate from a judicial suspension-or one imposed by a judge through a court-which is also known as a conviction suspension. This is why it is called an “administrative” suspension. Second Comes a Conviction SuspensionĪn ALS is imposed by the police officer on behalf of the BMV, which is an administrative agency. It is important to note that this suspension is on top of a conviction suspension. If the arresting officer imposed it illegally or did not follow other legal procedures, it may be terminated. You can file an appeal with the court if the court grants your request, there will be a hearing in which they determine whether or not the suspension is valid. If you have received an ALS, you should contact an Ohio DUI/OVI defense attorney as soon as possible, as you might be able to have it terminated. In this case, your license will be suspended for 90 days under the ALS. If this is your first offense, you can request these privileges after 30 days if this is your second offense, you can request them after 90 days.Įven if you submit to the test, the officer can and most likely will take you license if you fail the field sobriety test. You will have the opportunity to ask the court to grant you limited driving privileges based on your employment, medical, educational, and vocational needs. This means that your license has been suspended, and it goes into effect immediately. We recommend that you never take a field sobriety test (unless you are sure that you are below the legal limit), and here’s why.īy refusing to take the test, whether it’s a blood, breath, or urine test, the officer can take your license right then and there. If you are pulled over on suspicion of drinking and driving, the police officer will most likely try to get you to take a field sobriety test. First Comes the Administrative License Suspension We will explain these two types and when they are imposed below.
There are two types of license suspensions: an Administrative License Suspension (ALS) and a conviction suspension. The answer to this question is, “It depends.” Many people think that their license is not suspended as long as they have not gone to court.
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