Driver's License Privileges After DUI
Although the issue of dealing with jail and fines will be first and foremost on a person’s mind after being arrested for operating a vehicle under the influence of alcohol or drugs (OVI) in Ohio, there are many other negative effects that this criminal charge entails. One immediate concern following a driving under the influence (DUI) arrest is the status of the alleged offender’s driver’s license.
The length of time that licenses are suspended for depends on the number of times people have been convicted of OVI and their alleged blood alcohol concentrations (BACs) at the time of their arrests or refusal to submit to such tests. Alleged offenders have to file an appeal of their Administrative License Suspension (ALS) at or within 30 days of their initial appearances.
Ohio Lawyer for Help with Driving Privileges After an OVI
Have you lost your driver’s license because you were arrested for DUI in Central Ohio? The Joslyn Law Firm fights to help keep clients on the road in Cincinnati and surrounding areas of Hamilton County, including Middletown, Norwood, Lebanon, Hamilton, and many others.
Brian Joslyn is an experienced Cincinnati DUI attorney with an extensive knowledge of chemical testing procedures and ALS hearings. Let him review your case during a free consultation by calling (513) 339-6289 right now.
Overview of Driving Privileges After DUI in Hamilton County
- How does the administrative license suspension work in Ohio?
- What happens if the alleged offender is a commercial driver?
- Can people gain driving exceptions for work purposes?
- Where can I learn more about driver licensing procedures in Ohio?
During a traffic stop, there is a possibility that the law enforcement officer will ask you to take a chemical test if they believe that you may be under the influence of alcohol and/or controlled substances. Although they “ask” you to take the test, compliance is essentially mandatory under Ohio's "implied consent" law.
Any motorist in Ohio is considered to have consented to submitting to a chemical test if asked by law enforcement simply by being licensed to drive in the Buckeye State. If a person refuses to take the test, an automatic administrative license suspension is enforced under Ohio Revised Code § 4511.191.
The length of this administrative license suspension is dependent upon many factors, but tends to come with a specified term or between one and five years. Alleged offenders who have had their licenses suspended in the past can also have their vehicles immobilized.
There is an appeals procedure for individuals who would like to receive either temporary or permanent driving privileges. The person may appeal suspension at the initial court appearance—which is commonly held within five days of the arrest or issuance of a citation—or within 30 days of the initial appearance.
Additionally, the driver may be allowed to petition the court for driving privileges any time following the date on the notice of suspension. This petition may be filed in the municipal or county court that has jurisdiction over the place where the arrest occurred.
An alleged offender may be able to have a license suspension overturned if any of the following can be proven at the hearing:
There are many factors that can result in the BMV's reversal of your license suspension, which your attorney will investigate, including the following:
- No probable cause for the OVI arrest;
- Unlawful police stop;
- Police failure to inform alleged offender of penalties for refusal to submit to or failure of chemical test;
- Chemical test was not properly administered; or
- Lack of evidence the alleged offender failed the test.
OVI laws in Ohio are even more strict for people driving commercial vehicles. Considering the fact that commercial drivers make their livings off of driving, being able to stay on the road is essential.
Drivers can face commercial DUI charges if they are found to have a blood alcohol level of 0.04 or above, or half the limits imposed on civilian drivers. If the commercial driver is found to be under the influence of alcohol or a controlled substance, or refuses to submit to a chemical test, they will be disqualified from operating a commercial motor vehicle for one year.
Second or subsequent convictions of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle. There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) licenses.
If a motor vehicle is a necessity for you, there are limited circumstances that may allow you to regain your driving privileges. Your ability to apply for hardship reinstatement depends on a few factors, not the least of which is your driving history. Limited driving privileges may be granted under Ohio Revised Code § 4510.021 for:
- Occupational, educational, vocational, or medical purposes;
- Taking the driver’s or commercial driver’s license examination; or
- Attending court-ordered treatment.
Effect of License Suspension in Ohio — The National Highway Traffic Safety Administration (NHTSA) website published this exhaustive study on the effectiveness of ALS laws in Ohio. You can read more about the effects of licenses suspension and the ALS law in Ohio as well as vehicle immobilization enforcement. The website also has downloadable court entry and Hamilton County immobilization forms.
Find an Administrative License Suspension Lawyer in Cincinnati
If you have lost your driving privileges after being arrested for OVI in Central Ohio, it will be in your best interest to immediately retain legal counsel. The Joslyn Law Firm defends clients in communities throughout Hamilton County, Greene County, Butler County, Franklin County, Clinton County, and Clermont County.
Cincinnati DUI attorney Brian Joslyn is certified both as an instructor in the administration of standardized field sobriety tests by the National Highway Traffic Safety Administration and in the operation, diagnostic, verification, and calibration of the BAC Datamaster Breath Alcohol Testing Instruments manufactured by National Patent Analytical Systems, Inc. Call (513) 339-6289 or complete an online form today to have him review your case during a free, confidential consultation.