Is Your License Immediately Suspended When Arrested for a DUI?

Understanding how DUI laws in Ohio affect your driving privileges is crucial, especially if you’re facing charges for operating a vehicle under the influence (OVI). The possibility of an immediate license suspension after a DUI arrest can cause confusion and stress. At The VanNoy Firm, we aim to clarify these processes and provide the professional representation you need to protect your rights and future.

The Immediate Impact of a DUI Arrest on Your License

After a DUI arrest in Ohio, whether your license is immediately suspended depends on specific circumstances. Ohio follows strict administrative license suspension (ALS) rules enforced by the Bureau of Motor Vehicles (BMV). These suspensions are triggered if:

• You fail a chemical test by having a blood alcohol concentration (BAC) of 0.08% or higher.
• You refuse to take a chemical test, violating Ohio’s implied consent law.

For most individuals, the ALS is immediate, taking effect before their court date. This suspension isn’t the same as a court-ordered penalty; instead, it’s an administrative action that occurs automatically. It’s important to note that even if you later win your case in court, penalties under the ALS may still apply unless specifically addressed.

Understanding Ohio’s Implied Consent Law

Ohio’s implied consent law means that by operating a vehicle, you have legally agreed to submit to chemical testing (breath, blood or urine) if law enforcement suspects you’re under the influence. Refusing to comply with testing results in an automatic ALS.

Suspension durations under implied consent are steep. For a first-time refusal, you face an automatic one-year suspension. Subsequent refusals lead to longer suspensions, making compliance and understanding your rights even more critical.

Conversely, suppose you take the chemical test and fail. In that case, the duration of ALS depends on prior offenses or aggravated circumstances, such as a BAC of 0.17% or higher.

Fighting Back Against a License Suspension

Although Ohio enforces strict DUI laws, you have options. If your license is suspended administratively, you can challenge the suspension by filing a formal appeal within 30 days of your initial court appearance. During the appeal hearing, it’s possible to contest the legality of the stop, the method of testing or procedural errors by law enforcement. Successful appeals may restore your driving privileges entirely.

Additionally, some individuals qualify for limited driving privileges during their suspension. These privileges may permit driving for essential purposes, such as work, school or medical appointments. However, eligibility often requires meeting specific conditions like installing an ignition interlock device (IID).

How an Attorney Can Help

Facing a DUI charge is overwhelming, but the experienced attorneys at The VanNoy Firm can make a tangible difference in your case. We investigate every aspect of your arrest, from the validity of the stop to the accuracy of chemical testing procedures, to confirm your rights are protected. By challenging evidence and advocating for reduced penalties, we strive to minimize the impact on your life.

Our firm also assists clients in securing limited driving privileges or filing appeals to contest administrative suspensions. With the proper legal support, you can take control of the situation and work toward the best possible outcome.

If You Were Charged With a DUI, Contact Us Today

A DUI arrest doesn’t have to define your future. If your license has been suspended or you’re facing charges, The VanNoy Firm is here to provide guidance and fight for your rights. Contact us today to schedule a consultation. We’ll develop a personalized legal strategy to help you move forward with confidence.