Losing your license sucks. And getting charged with operating a vehicle under the influence of alcohol or drugs (OVI) puts you at serious risk for losing it.
An officer who issues the charge and makes the arrest can immediately seize your license if you
- Register a blood alcohol content (BAC) of .08 or higher
- Register a BAC of .02 or higher while being under the age of 21
- Register a BAC of .04 or higher while driving a commercial vehicle like a tractor-trailer or delivery van
- Refuse to submit to blood, urine and breath tests for alcohol and drug use
- Have prior convictions for OVI in Ohio or for driving under the influence (DUI) in another state
- Have a prior conviction for refusing chemical OVI/DUI tests
This kind of seizure of your license is called an administrative license suspension. It will remain in effect for at least 30 days, unless you successfully contest it. And, your license can be suspended even longer if you get convicted of drunk or drugged driving.
You Don't Have to Lose Your License
You can request to have your administratively suspended license reinstated . By law, your very first court hearing must be held within five days. It is your right to have a Columbus OVI license suspension attorney represent you at that time. And that's a right you should exercise.
A criminal defense lawyer who has helped many other OVI/DUI suspects will know how to best present your case for retaining driving privileges until your trial. Also, if your commercial driver's license (CDL) is in jeopardy, you will need legal assistance from an attorney who knows how to petition the Ohio Bureau of Motor Vehicles (BMV) for CDL reinstatement. That agency, rather than the courts, handles many matters involving commercial drivers.
You May Need to Accept Some Driving Restrictions
Neither courts nor the BMV are inclined to hand licenses back to DUI/OVI suspects. You can win a dismissal of a drunk driving charge at trial, yet still spend months being unable to drive legally, unless you succeed in having an administrative suspension lifted.
One solution to this dilemma is to accept reduced driving privileges instead of going without a valid driver's license altogether. A judge or BMV hearing officer has the discretion to let an OVI suspect drive for work, legal, medical, and other specific purposes. Speak to an OVI/DUI license suspensions attorney about this possibility.
Let Campbell Law Help You Keep Your License
April Campbell spent many years handling suspension cases brought before the BMV. She knows how to question OVI evidence. She also knows what to show judges to persuade them to allow you to stay on the road legally. You can call her at (614) 356-8515 to request a free consultation, or reach out online.
Do not assume being charged with OVI/DUI means you must give up your driver's license without a fight.
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