Being charged with a DUI or OVI in Ohio is not something to take lightly as it can lead to hefty fines, a jail term, and even the suspension of your license. We know that many people have to drive to work, while others do it for a living. As such, we understand what is at stake when charged with a DUI/OVI.
At Patituce & Associates, we have helped countless clients handle their license suspensions after DUI in Toledo. If you are facing license suspension, do not hesitate to call our Toledo DUI defense lawyers at 419-737-4556.
How Long Is a License Suspended for DUI?
License suspensions last longer for drivers with previous DUI offenses.
First DUI Offense in Six Years
If this is your first DUI offense in six years, you may be looking at license suspension between 6 months and 3 years. However, it can be argued for or negotiated for a reduction in the suspension period.
A Second DUI Offense in Six Years
If you have been charged with a second DUI offense within six years, you may be looking at a suspension of your license between 1 and 5 years. Just like the first DUI offense in six years, this one is judicially imposed, meaning that the sentence is determined by the judge.
Why Did I Lose My License Following a DUI or OVI Arrest?
If you’ve been charged with a DUI or OVI, the authorities can take away your physical license. This occurs when you either failed or refused to take the breath test.
In Ohio, the authorities are required to provide you with Form 2255 following failure or refusal to take the breath test. This is meant to show that you have lost the right to be on the wheel for 3 months if it’s a first-offense failure and 12 months if it’s a refusal.
With the right Toledo criminal defense lawyer, however, you can regain driving privileges sooner.
What Are the Types of License Suspensions After DUI in Toledo, Ohio?
There are two types of license suspensions in the state of Ohio:
- Criminal license suspension
- Administrative license suspension (ALS)
The former is issued by the court following conviction, while the latter is issued by the BMV before the criminal case. While an administrative license suspension can last up to 3 months, being convicted of a first-time DUI offense can be punishable by up to 3 years of license suspension. The inability to drive for that long can have a negative impact on both your personal and professional life.
Luckily, the state law provides the opportunity for DUI offenders to drive if they accept to install an ignition interlock device (IID) on their vehicles. Instead of waiting at least 12 months to get back your driving privileges, you have a minimum suspension period of 6 months after installing an IID.
Ohio Administrative License Suspension
Not many people know how license suspensions work following a DUI or OVI arrest. An ALS is administered when you either refuse to take a breath test or record over the legal limit of 0.08 BAC (with enhanced penalties for over 0.17).
If it is a first offense and records over .08 BAC, your license will be suspended for 90 days. If it is your first time and refuse to take the breathalyzer test, your driving license will be suspended for 12 months. However, you can file a motion and get limited driving privileges. This allows you to drive to work, school, and for medical reasons within 15 days.
If you challenge the suspension early, you will be making a case for your driving privileges, forcing the prosecutor to prove that you were stopped in accordance with the law and that there was probable cause for your arrest. A successful outcome means the suspension is dismissed and shows that the case against you is weak.
Our Team Can Help You Get Back Your Driving Privileges!
There are several ways that the team at Patituce & Associates can help you regain your driving privileges. Examples include:
- Administrative license suspension appeal (BMV hearing)
- Privileges after 15 days
- Stay of the administrative license suspension
By choosing to work with us, you can be certain of receiving the best legal services in Toledo. Call us today at 419-737-4556 to protect your rights.