Creditor Bankruptcy in OhioNovember 19, 2019
OVI – Commercial Driver’s Licenses and OVI ChargesNovember 19, 2019
OVI –Administrative License Suspension
It is not just mandatory periods of incarceration and hefty fines you must look out for in an Ohio operating a vehicle impaired (OVI) case. You may never even be convicted of OVI and still find yourself facing complications and difficulties. Your driving privileges may be suspended, restricted, or even revoked administratively. Your ability to challenge these actions is even more limited than in a criminal case, so it is even more important that you take advantage of what limited rights you do have to limit the effect of these administrative penalties. If you are facing OVI charges in Ohio, contact the seasoned OVI defense attorneys at Walker Novack Legal Group, LLC today by calling (614) 423-8276 to learn more about your legal options.
Administrative License Suspension in Ohio OVI Cases
When a driver arrested for OVI either refuses to take a breath test or tests over the per se limit of 0.08%, the arresting officer will confiscate the person’s driver’s license and issue the driver a Form 2255. This form notifies the driver that his or her license is suspended. The officer must submit additional forms into the state’s Bureau of Motor Vehicles (BMV) in order for the suspension to be properly registered.
Appealing the Administrative License Suspension
The driver may appeal the suspension if he or she does so close to the time of arraignment. Certain defects with the officer’s investigation or with how the officer completed the suspension paperwork may result in an invalidation of the suspension and the restoration of the driver’s driving privileges. Some of the reasons why a suspension may be rescinded include:
- The officer did not properly complete the Form 2255 by not checking the appropriate boxes, not submitting a notarized Form 2255 to the BMV, or making changes to the Form 2255 after a copy had been given to you.
- The officer lacked probable cause to place you under arrest and/or reasonable grounds to request that you take a breath test.
- You did attempt to take the breath test, but a medical condition made it impossible for you to provide a sufficient sample of breath to be tested.
- The sample tested below the per se limit.
- The officer did not properly inform you of the implied consent law.
Length of Administrative License Suspension in Ohio
The length of time your license will be suspended administratively will depend on whether a person refused testing or failed testing and how many previous times the person refused or failed a test in the prior six years:
- A first refusal results in a one-year suspension and a first failure results in a 90-day suspension.
- A second refusal results in a two-year suspension while a second failure results in a one-year suspension.
- A third refusal results in a three-year suspension and a third failure results in a two-year suspension.
- A fourth refusal results in a five-year suspension and a fourth failure results in a three-year suspension.
Ohio OVI Defense Firm Helps Drivers Protect Their Driving Privileges
You do not have much time to take action if your license has been administratively suspended. Reach out right away to Walker Novack Legal Group., LLC. We may be able to take steps to help reverse or undo an administrative license suspension. Speak to us in a free, no-cost case consultation. Call (614) 423-8276 today to schedule your consultation as soon as possible.