OHIO RESIDENTS WHEN
THEY NEED IT MOST
When you are arrested for driving under the influence (DUI), in Ohio it is ‘operating a vehicle under the influence (OVI), the Ohio Bureau of Motor Vehicles will issue an Administrative License Suspension. These immediate suspensions are imposed on both drivers that are stopped and refuse testing and those who submit to tests that prove to be over the legal limit. In addition to these temporary suspensions, if convicted of an OVI, you can be subject to additional restrictions on your license. Marysville DUI/OVI defense attorneys at Beck Peistrup, LTD know that these consequences affect every aspect of a person’s life, and we are dedicated to making sure clients avoid them as much as possible. Having driving privileges is vital to making sure you can get to work and other necessary places to ensure your livelihood and that of your family’s. Our firm can help make sure an OVI arrest does not completely upend your life. We only take cases that we have confidence in and are equipped to handle, fighting for our clients every step of the way for their rights and a successful outcome of their case. If you’ve been arrested or charged with an OVI in Marysville, Bellefontaine, Dublin, Delaware, London, or somewhere else in Central Ohio, Beck Peistrup, LTD can assist you with your defense. Contact our office today to schedule a consultation.
In Ohio, police officers act as the Bureau of Motor Vehicles’ (BMV) agent and can impose an Administrative License Suspension, known as an “ALS,” upon an OVI arrest. As stated above, an ALS can be issued either if you are arrested after refusing testing or if you submit to testing and your blood alcohol content (BAC) is over the legal limits.
As an “implied consent” state, in Ohio when a person applies for a driver’s license, they also automatically give consent to testing if an officer has probable cause to believe they are under the influence of alcohol. The three tests Ohio uses to determine BAC are:
Blood tests are most accurate but usually used when an individual is taken to the hospital after an accident. Breath tests are most common as breath tests machines are widely available. Urine tests are least accurate but utilized if there is susception of drug use. Police officers have the discretion to determine which test they want to offer, and the person undergoing the test has no say. Therefore, refusing any test, even if offering to take a different one, is still a refusal for the purposes of being subject to an ALS. Pursuant to Ohio statue, an ALS can be set aside by a judge under certain circumstances, including if the police did not have the right to arrest a person and if they did not inform them of implied consent requirements. However, there is a limited statutory period that a driver has to appeal an ALS, so it is important speak with a knowledgeable lawyer in Central Ohio as soon as possible after an OVI arrest.
For a first offense DUI conviction, a judge can issue a driver’s license suspension of six months to three years. Courts can also grant limited driving privileges for educational, occupational, medical, or vocational purposes; as well as for any other purpose a court determines to be appropriate. Limited privileges can be granted only if specific requirements are met, and some situations require hard suspensions with no privileges regardless. Where an individual takes a breath test is over the limit for a first offense, they are subject to a 15-day suspension without exception, if they refuse a test, the suspension is 30 days. Second refusals during a six-year period carry a 90-day suspension.
Courts can also order ignition interlock devices be installed in a vehicle as a condition of limited driving privileges. These devices are issued in most second offense cases of as well as those where a person’s BAC was high. Ignition interlock machines issue breath tests to drivers and disable a car’s ignition until the sample is analyzed. Given the multitude of outcomes that can follow an OVI arrest and conviction it is important to obtain seasoned legal counsel who can fight for your rights.
Having your driver’s license suspended impacts all areas of your life, and it is our goal at Beck Peistrup LTD to avoid that disruption as much as possible. Our OVI/DUI defense team has successfully represented thousands of clients accused of these offenses, and work tirelessly to obtain the best possible outcome for you. We offer comprehensive and compassionate legal representation for clients throughout Central Ohio, including Marysville, Bellefontaine, Dublin, Delaware, and London. If you have questions about your arrest or any other aspect of your case, contact us online or at (937) 889-9999 to speak with an attorney today.