A DUI or OVI charge in Ohio may leave you uncertain of how to move forward. When you are arrested for suspicion of driving under the influence, your license is automatically suspended. If convicted of the charges, license suspension is included in the mandatory sentencing.
Losing your license can have a significant impact on your livelihood. The attorneys of Koffel Brininger Nesbit have years of experience advocating for those accused of wrongdoing. A Columbus DUI lawyer can help protect your best interests and mitigate the damage of having your license suspended.
DUI in Ohio Explained
A DUI in the state of Ohio is also referred to as an ‘Operating a Motor Vehicle Impaired’ charge, or OVI. The Ohio Laws and Administrative Rules (OLAR) have several criteria for what is classified as DUI/OVI. These can include, but are not limited to, operating a motor vehicle when:
- Bloodwork or urine panel shows the presence of alcohol that exceeds the specified legal limit
- Urine shows metabolites of recreational or commonly abused drugs that exceed the legal specified limit
- The person is under the influence of drugs, alcohol, or some combination of these substances
A related but potentially lesser offense in Ohio code is having physical control of a vehicle under the influence. Per Section 5411.194, this is a misdemeanor and is defined as being in the driver’s seat and possessing the key to the ignition while under the influence of drugs and/or alcohol. This charge also may result in a license suspension.
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Ohio License Suspensions
You may be subject to two types of license suspension in an Ohio DUI case. One is an immediate penalty during arrest or refusal to submit to a chemical test. The other is a suspension following a guilty plea or conviction of a DUI in Ohio.
There are different categories of suspension. According to the Ohio Bureau of Motor Vehicles, these are:
- Administrative License Suspension(ALS)
- Physical Control Suspension
- Operating a Vehicle Under Age Suspension (OVUAC)
- Habitual Use of Drugs/Alcohol Suspension
- Out-Of-State Alcohol or Drug Offense Suspension
- First Offense OVI/DUI Suspension
Administrative Suspension
An administrative suspension can occur when you have failed a field sobriety test administered by an officer or refused to submit to testing. The suspension time for a failed test can be 90 days to 5 years, while the minimum for a test refusal is one year. This offers an incentive to drivers to comply with testing.
This suspension is done at the arrest. Once your license is confiscated, the suspension begins immediately. The officer is required to fill out a report within 48 hours to send to the registry for documentation.
Administrative suspension happens before your initial court date, typically within five days from the date of arrest. If you secure an attorney before this date, they may be able to fight for your license reinstatement. In addition, a DUI defense attorney may help you apply for a temporary or hardship driver’s license until your court date.
Court-Sanctioned Suspension and Getting Your Ohio License Back
Court-sanctioned suspensions happen after you enter a guilty plea or have been convicted of a DUI. These sentences can vary depending on the specifics of your case, but having your license reinstated can include:
- First Offense: Serve the suspension as determined by the court, provide proof of insurance coverage, and pay a reinstatement fee.
- Physical Control Suspension: Serve the suspension as determined by the court, provide proof of insurance coverage, and pay a reinstatement fee.
- Operating a Vehicle Under Age Suspension (OVUAC): Serve a six-month suspension, complete a remedial driving course from an approved program, pay a reinstation fee, and retake the driver’s license exam.
- Habitual Use of Drugs/Alcohol Suspension: This is for offenders with three or more OVI convictions within three years. They must complete a rehabilitation or treatment program, maintain six months of sobriety after completion of the Alcohol/Drug Reinstatement form, and submit it to the BMV.
- Out-of-State Alcohol or Drug Offense Suspension: If you are an Ohio resident and have been convicted of a DUI in another state, you must serve a six-month suspension and pay a reinstatement fee.
Ohio DUI Suspension Timelines
The amount of time your license is suspended is wildly variable and dependent upon things such as having a DUI lawyer, how many prior offenses you have, and other life circumstances. There are some time requirements that you are required to fulfill before requesting limited driving privileges. These can range from 15 days for a first offense to a full year on a third offense.
Once this minimum required time has been met, your attorney may work with you to petition the court for limited driving privileges. This may allow you to drive to essential things like medical appointments, court-mandated appointments, or to work or school. Any privileges granted are at the discretion of the judge.
Moving Forward from an Ohio DUI
The specifics of a DUI/OVI charge and how it may affect your license can dramatically vary based on the specific circumstances of your case. At Koffel Brininger Nesbit, we understand the impact this can have and always aim to minimize the legal repercussions for our clients. Our DUI lawyers in Columbus will fight tirelessly for your best interests. Contact us for a consultation today.
Call or text 614-884-1100 or complete a Free Case Evaluation form