
If you have
been stopped for Operating a Vehicle while Intoxicated (OVI), Driving Under the
Influence (DUI) or any drunk driving offense in Ohio, YOU NEED IMMEDIATE
HELP. If the arresting officer has confiscated your driver's
license, Ohio law states that "The court must hold the administrative
license suspension hearing within five
days of arrest." source: http://www.bmv.ohio.gov/driver_license/dui_law.htm

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Ohio's OVI (DUI) Laws
IF YOU DRINK AND DRIVE, YOU ARE COMMITTING A SERIOUS CRIME WHICH HAS SWIFT AND SURE CONSEQUENCES THAT ARE HARD TO IGNORE.
Administrative License Suspension (ALS)
If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver's license on the spot, and the suspension begins immediately.
Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
The administrative suspension is independent of any jail term,
fine or other criminal penalty imposed in court for a OVI offense.
APPEAL PROCESS FOR ADMINISTRATIVE LICENSE SUSPENSION
(ALS)
The court must hold the administrative license suspension hearing within five days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.
1. Was the arrest based on reasonable grounds?
2. Did the officer request the person to take a test?
3. Was the violator made aware of the consequences if he/she refused or
failed the test?
4. Did the person refuse or fail the
test?
NOTE: A court may still issue a suspension even if 1-4 is proven by defendant if court finds the person is a threat to public safety.
Penalties
1st
Offense
Administrative License Suspension (ALS)
for a prohibited BAC;
ALS for test refusal = one year
license suspension;
Jail - Minimum of three consecutive
days or 3-day driver intervention program;
Fine - Minimum
$250 and not more than $1,000;
Court License Suspension -
6 months to 3 years.
2nd Offense
ALS for one
year for a prohibited BAC;
ALS for test refusal = two
year license suspension;
Jail - Minimum of 10 consecutive
days or five days jail + minimum 18 consecutive days of electronically monitored
house arrest combined, not to exceed 6 months;
Fine -
Minimum $350 and not more than $1,500;
Discretionary
driver's intervention program;
Vehicle immobilization and
plates impounded for 90 days;
Court License Suspension -
1 year to 5 years.
3rd Offense
ALS for two
years for a prohibited BAC;
ALS for test refusal = three
year license suspension;
Jail - Minimum 30 consecutive
days to one year;
Alternative sentence - 15 days or Jail
+ minimum 55 consecutive days of electronically monitored house arrest combined,
maximum of one year;
Fine - Minimum $550 and not more
than $2,500;
Mandatory attendance in an alcohol treatment
program paid for by offender;
Vehicle immobilization and
plates impounded for 180 days;
Court License Suspension -
1 year to 10 years.
4th or More Offense or Motor Vehicle Related
Felony
ALS for three years for a prohibited
BAC;
ALS for test refusal = five years license
suspension;
Jail - Minimum of 60 consecutive days and up
to one year in jail;
Fine - Minimum $800 and not more
than $10,000;
Mandatory drug/alcohol treatment program
paid for by offender;
Vehicle Forfeiture - Mandatory
criminal forfeiture of vehicle operated by offender, imposed by
court;
Court License Suspension - 3 years to Permanent
Revocation.
DRIVING UNDER OVI SUSPENSION OR DRIVING UNDER SUSPENSION WITHOUT INSURANCE
The court is authorized to order vehicle immobilization and
impoundment of the license plates at the time of sentencing for:
Driving under OVI Suspension
FRA
Suspension
(without insurance)
First Offense: 30 days First Offense: 30 days
Second Offense: 60 days Second Offense: 60 days
Third Offense: Forfeiture Third Offense: Forfeiture
NOTE: For multiple OVI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender.
VEHICLE FORFEITURE
Permanent loss of vehicle shall be ordered by the court for any
of the following:
A) First offense of driving a vehicle
during the immobilized period as stated in Ohio Revised Code (ORC) Section 4503.236;
B) Third offense of OVI
within six years or one prior felony OVI offense in a lifetime;
C) Third offense or more of Driving Under FRA Suspension within six years
as stated in Ohio Revised Code (ORC) Section
4510.14;
D) Third offense of the owner knowingly
permitting a person who is under suspension to drive their
vehicle as stated in Ohio Revised Code (ORC) Section 4511.203.
source: http://www.bmv.ohio.gov/driver_license/dui_law.htm
Our Ohio Criminal Defense Lawyers have
proven track records in representing those accused of drunk driving. Getting
expert legal help with your Ohio OVI can be affordable and
easy. Many of our Ohio OVI Lawyers offer a free initial case
evaluation and flexible payment options.
Ohio Drivers Information:
Motor Vehicle
Department: http://www.bmv.ohio.gov
DUI Laws: http://www.bmv.ohio.gov/driver_license/DUI_law.htm
Driver's Manual: http://www.bmv.ohio.gov/driver_license/rdh.htm
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