Administrative License Suspension vs. Court Suspension

Administrative License SuspensionThe law in Ohio states that if an individual is arrested for a DUI offense and either fails or refuses a request by an officer to submit to a blood, breath or urine test, the arresting officer must take certain actions.  Officers in Ohio always carry a form prepared by  the Bureau of Motor Vehicles(BMV) known as a BMV form 2255.  Upon making a DUI arrest, an officer must correctly fill out the BMV form 2255 and serve a copy upon the individual arrested.  The remaining 3 copies of the form are filed with the court, mailed to the BMV and stay in the officer’s possession.  The officer must also seize the individual’s driver’s license and forward it to the BMV.

The purpose of the BMV form 2255 is to advise the person that they are immediately being placed under an administrative license suspension for either failing a blood, breath or urine test, or for refusing a blood, breath or urine test.  The arresting officer must read the BMV form 2255 to the person arrested in the presence of another officer.  The arresting officer must advise the person arrested as to the penalties for both failing a blood, breath or urine test, and refusing a blood, breath or urine test.

When the BMV receives the copy of the BMV form 2255 from the arresting officer, it will note on the BMV website that the person arrested is placed under an administrative license suspension.  The length of the administrative license suspension depends on whether the person arrested failed a blood, breath or urine test, or refused a blood, breath or urine test.  Unless agreed to by a prosecuting attorney as a condition of a plea bargain, the only thing that cuts off an administrative license suspension is a DUI conviction.  This means that even if a person is acquitted of a DUI charge at a trial, the administrative license will remain in place.BMV form 2255 from the arresting officer, it will note on the BMV website that the person arrested is placed under an administrative license suspension.  The length of the administrative license suspension depends on whether the person arrested failed a blood, breath or urine test, or refused a blood, breath or urine test.  Unless agreed to by a prosecuting attorney as a condition of a plea bargain, the only thing that cuts off an administrative license suspension is a DUI conviction.  This means that even if a person is acquitted of a DUI charge at a trial, the administrative license will remain in place.

The suspension lengths and other penalties associated with both failing and refusing a blood, breath or urine test are as follows:

Refusal of a Blood / Breath / Urine Test

 

No. of Refusal/        Length of                  Driving                      Restricted            Ignition         

Offense in 6 yrs.      Suspension             Privileges                 Plates                     Interlock

 

1st                               1 years                       After 30 days             Optional         Optional

2nd                             2 years                       After 90 days             Optional         Optional

3rd                              3 years                       After 1 year                Optional         Optional

4th or more                5 years                       After 3 years              Optional         Optional

Failed Blood / Breath / Urine Test

No. of Offense    Length of          Driving            Restricted               Ignition

in 6 yrs.               Suspension       Privileges          Plates                     Interlock

1st                        90 days              After 15 days       Optional                        Optional

2nd                     1 year1               After 45 days       Optional                        Optional

3rd                     2 years              After 180 days     Optional         Required if alcohol;Optional if drugs

4th or more      3 years             After 3 years        Optional         Required if alcohol; Optional if drugs

 

If you received an administrative license suspension (ALS) and you plead guilty or are found guilty of the DUI offense, the ALS is terminated once the court suspension takes effect. Then you receive credit for the time the ALS was in effect.

If you are found not guilty of the OVI or DUI, the administrative license suspension is terminated. If you are given an ALS for refusal to take a chemical test and your are found not guilty of the DUI/OVI, the ALS stays in place unless you are able to appeal or move to terminate it.

You may seek relief from these penalties in order to maintain your livelihood, attend school or medical appointments. This is called requesting limited driving privileges. An attorney familiar with OVI defense will be able to work with the court to try to get the charges mitigated.

Need OVI/DUI Defense Lawyer in Ohio?

If you’re facing DUI or OVI charges in Columbus, Ohio, you need an experienced attorney who will review your case and create a strategy to either win the case or mitigate the potential damage to your record. This will protect your driving record, your license, and possibly even your livelihood. The skilled, trusted legal representation Probst Law Office offers the help you need to be sure you have the best representation possible in fighting DUI/OVI charges.  Get the experience that you need and deserve when you hire Michael Probst as your attorney.  Contact Michael today for your free consultation, or call now at (614) 232-8890.