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In Ohio, when you are arrested for a drunk driving offense, the police officer, (yes, you read that correctly) has the right to act as the prosecutor, judge and jury, and can, without any right on your part to challenge the matter at that time, suspend your driving privileges and your driver’s license. This unfettered power (aside from seeming to be contrary to our Constitutional right to the presumption of innocence) means that you, as the arrestee in the case, must act in a timely and efficient manner to try to get your driving privileges re-instated either on a full basis or at least on a partial basis (i.e work or school privileges).

 

There are strict time deadlines and procedures that must be followed and your failure to comply with these deadlines and procedures could result in serious consequences. You can not delay and you can not afford to make any mistakes. Contact the Law Offices of Dennis P. Levin at 216.831.3939 or by e-mail at Levinlaw@gmail.com for a free initial consultation.

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 DUI offense.

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 $200 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 $300 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 $500 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 $750 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.

APPEAL PROCESS FOR 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?

DRIVING UNDER DUI 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:

 

 

PERMITTING A PERSON WITH NO LEGAL RIGHT TO DRIVE OR OPERATE YOUR VEHICLE

First Offense: 30 days for state offenses only.

VEHICLE FORFEITURE

Permanent loss of vehicle shall be ordered by the court for any of the following:

      A)    Third offense of DUI within six years;

      B)   Third offense or more of Driving Under FRA Suspension within five years;

      C)   Second offense of owner knowingly permitting a person who is under suspension to drive their vehicle;

      D)    First offense of driving a vehicle that is immobilized and plates impounded.