Does My License Get Suspended After an OVI or DUI in Ohio?
You could face criminal and administrative license suspensions if you are arrested or convicted of OVI or DUI. Criminal license suspensions do not take effect until a conviction occurs or the person pleads out. However, an administrative license suspension can be carried out at any point after failing to take a chemical test or for having a chemical test result over the legal limit.
An administrative suspension can potentially last for at least 90 days. If bodily injury was involved in the accident, the license suspension will likely be longer.
Fortunately, you can fight administrative license suspensions, but you must do so in a timely fashion in a hearing at the BMV.
For criminal driver’s license suspensions in Ohio, it is possible for you to lose your license forever upon being convicted for a fourth time. For a first, second, or third offense, the driver’s license suspension can potentially last for 3, 7, and 12 years, respectively.
When Does a DUI Become a Felony in OH?
DUI in Ohio is charged as a misdemeanor for an offender’s first three times being arrested for OVI. Upon receiving a fourth charge within ten years of the three previous charges, the offender is charged with a fourth-degree felony.
With a felony on your record, you face losing important rights and privileges. Take voting rights, for example. With a felony conviction or plea, your ability to vote will likely be stripped. But that’s not all. A felony conviction in Ohio also leads to significant employment problems and may even cause you to lose your current job.
If your job requires the use of a vehicle, you could be in an even worse situation. Without the ability to drive, you may be let go from jobs that require driving, such as delivery drivers, rideshare drivers, and commercial drivers.
Because our OVI clients face more than just criminal consequences, our representation addresses more than said consequences. We fight to keep our clients free from negative consequences associated with felony charges. We also fight to get felony charges reduced when possible, which allows our clients to avoid the consequences of catching a felony.
What Should I Do If I’m Pulled Over for an OVI?
If you’re being tailed by an officer for an OVI in Ohio, here’s what to do:
- Pullover. Be calm and use your signal. At this point, anything you do can be used against you in a court of law;
- Provide your license and registration;
- Be polite. Do not give the officer any reason to believe that you are drunk or combative;
- Don’t make any statements or admit to drinking;
- Decide whether to take the breathalyzer test. The test can be used against you, but there are penalties for not submitting to a breathalyzer test. If you had bad results, you can fight the charges with an experienced Ohio OVI lawyer.
Explore Our Recent Case: OVI Charge in Dayton
Gounaris Abboud, LPA shares a recent OVI case dismissal. The Ohio OVI lawyers at our criminal law firm have the experience you need when fighting an OVI charge in Dayton, OH, and Springboro, OH.
OVI Charge in Dayton Ohio
OVI Dismissed for Lack of Probable Cause to Stop
THE FACTS: Our client is a health professional in the Dayton area. Our client left work and met a few coworkers for dinner and had one 6-ounce glass of wine with a full entrée and dessert. Our client’s entire meal lasted two and a half hours.
The client left the restaurant at approximately 9:00 p.m. and was subsequently pulled over by law enforcement for alleged “marked lanes’ violations. Our client was polite and respectful to the law enforcement officer and provided his license and registration. When asked if he had anything to drink, he was truthful and said he had one glass of wine with his dinner.
The officer immediately asked our client to step out of the vehicle to perform a Field Sobriety Test. Our client is a 55-year-old male with a prior knee injury. He advised the officer that he had a prior ACL tear and could not hold up his right foot without feeling pain. The officer nonetheless required our client to perform the HGH, Walk-in-Turn, and One-Leg Stand tests and determined that our client exhibited clues on each test that suggested impairment.
The client was arrested for O.V.I./D.U.I. and was transported to the Police Station and was asked if he would submit to a breath test, to which he refused. Our client was provided a 2255 BMV form and was advised that his license was suspended for a period of one year.
THE DEFENSE: The criminal defense attorneys at Gounaris Abboud were able to file a “Motion to Preserve” all the evidence and also filed a “Motion to Suppress Evidence”. The Motion to Preserve Evidence, Ordered Law Enforcement to preserve any cruiser camera video. The Motion to Suppress challenges the officer’s Probable Cause to Stop and Arrest Client for an OVI/DUI.
A Hearing was conducted where the Officer was questioned in Court about his observations of the alleged Marked Lanes Violation. The officer watched a copy of the cruiser cam video and admitted that he could not observe the Marked Lane Violation on the Video.
THE RESULT: The Court agreed with Gounaris Abboud, that the Officer could not have observed a traffic infraction and thus, did not have Probable Cause to Stop the Client. As such, the State dismissed the charges against our client.