DUI License Suspensions

Court License Suspension for a DUI conviction in Ohio

When an Ohio driver is convicted of a DUI/OVI offense, the court is required by law to impose a mandatory license suspension on the driver. If an Ohio driver convicted of DUI has previous DUI convictions, the suspension will generally be longer for each subsequent offense. Ohio court-imposed DUI license suspensions are as follows:

• For a first Ohio DUI conviction in ten years, the license suspension lasts a minimum of one year up to a maximum of three years.
• For a second Ohio DUI conviction in ten years, the license suspension lasts a minimum of one year up to a maximum of seven years.
• For a third Ohio DUI offense in ten years, the license suspension lasts a minimum of two years up to a maximum of twelve years.
• For a felony Ohio DUI, the license suspension can last for the duration of the driver’s life.

The court only imposes the aforementioned license suspension if the driver is convicted of drinking and driving at the conclusion of his court proceedings. If you have an Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Ohio DUI lawyer may be able to prevent that from happening.

Administrative License Suspension for Failed Breath Test or Refusal in an Ohio DUI Arrest

When an Ohio driver is arrested for DUI/OVI, the police officer, sheriff’s deputy or state highway patrolman usually asks the driver to submit to a chemical test. One of three things then occurs: (1) the suspected DUI/OVI driver refuses to take the chemical test; (2) the driver takes the breath test and blows over the legal limit; (3) the driver takes the breath test and submits a breath sample that is below the legal limit. In the first two circumstances above, the Ohio driver’s license will be immediately suspended by the Ohio BMV. The officer handling the arrest will physically confiscate the driver’s license and the suspension will commence immediately.

Ohio administrative license suspensions for refusing to submit to a breath test are as follows:

• For a first refusal in ten years, the Ohio BMV imposes a mandatory one-year DUI license suspension.
• For a second refusal in ten years, the Ohio BMV imposes a mandatory two-year DUI license suspension.
• For a third refusal in ten years, the Ohio BMV imposes a mandatory three-year DUI license suspension.
• For a fourth refusal in ten years, the Ohio BMV imposes a mandatory five-year DUI license suspension.

Ohio administrative license suspensions for failing a breath test are as follows:

• For a first failed breath test in ten years, the Ohio BMV imposes a mandatory ninety-day  DUI license suspension.
• For a second failed breath test in ten years, the Ohio BMV imposes a mandatory one-year DUI license suspension
• For a third failed breath test in ten years, the Ohio BMV imposes a mandatory two-year DUI license suspension.
• For a fourth failed breath test in ten years, the Ohio BMV imposes a mandatory three-year DUI license suspension

It’s worth noting that in comparing the above penalties for a failed breath test and a breath test refusal, a driver who takes the breath test and fails gets a shorter license suspension than the driver who refuses to take the breath test. Thus, it is clear the Ohio Legislature has decided to give suspected Ohio DUI drivers an incentive to submit to breath testing even when they believe they’re over the legal limit of blood alcohol concentration.

It’s also worth noting that the administrative license suspensions are noticeably distinguishable from court-imposed license suspensions in a DUI case. Administrative license suspensions are imposed whether or not the driver is convicted of the DUI charge, while court-imposed license suspensions only occur if the driver is convicted of DUI. In certain circumstances, the law allows a driver to appeal the administrative license suspension in a separate civil proceeding.

Other License Suspensions That May Be Imposed in a DUI offense

Ohio License Suspension for Driving Without Automobile Insurance

If an Ohio DUI driver is driving without insurance at the time of the incident, the Ohio BMV will impose a mandatory license suspension as follows:

• For a first offense of driving without insurance, the Ohio BMV will impose a license suspension that lasts until the driver obtains insurance and pays license reinstatement fees and penalties.
• For a second offense of driving without insurance, the Ohio BMV will impose a license suspension of one year.
• For a third offense of driving without insurance, the Ohio BMV will impose a license suspension of two years.

If an Ohio DUI driver without insurance gets into an automobile accident, the Ohio BMV may impose an additional license suspension that includes a security suspension for two years or a judgment suspension that can last indefinitely until the financial judgment is satisfied or paid off.

License Suspension for Driving with a Suspended License in Ohio

In Ohio, if a DUI driver is driving under a license suspension at the time of the incident, the court will impose a mandatory license suspension of up to one year. In addition, the court may impose up to six months in jail and a fine of up to $1000.

License Suspension for Driving Without a Valid License in Ohio

If an Ohio driver is drinking and driving and also driving without a valid license at the time of the incident, the potential penalties vary depending on how long the driver has not been licensed. The offense can be as low as a minor misdemeanor if the driver’s license has been expired less than six months and he has no prior offenses. However, the offense can also be charged as high as a first degree misdemeanor if the offender has four or more convictions in the past three years or if the driver has never had a valid Ohio license.

Ohio License Suspension for Driving under a DUI Suspension

If a suspected DUI/OVI driver is caught driving under a DUI or ALS suspension, the driver faces a misdemeanor of the first degree for a first or second offense in six years. For a first offense, the driver faces potential penalties including mandatory jail time of up to six months, a fine of up to $1000, a mandatory license suspension of up to one year, and immobilization of the driver’s vehicle for thirty days. For a second offense, the Ohio driver faces potential penalties including mandatory jail time of up to one year, a fine of up to $2500, a mandatory license suspension of up to one year, and immobilization of the driver’s vehicle for sixty days.

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.