Administrative License Suspension
Ohio is an implied consent state, which means that if you are pulled over for DUI and refuse chemical testing, there are repercussions. Immediately following your refusal, you are subjected to an immediate administrative license suspension that is independent of any criminal charges you may face. An experienced Dayton DUI defense lawyer can help fight for your driving privileges in both the criminal and administrative proceedings.
Dayton Administrative License Suspension Attorney
If your license has been suspended in the Dayton, Ohio area including Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek, and Fairborn contact the experienced attorneys at Joslyn Law Firm. Members of our legal team have both DUI prosecution experience and specialized BAC testing training that they will use to find cracks in the case against you. We will fight to return your driving privileges through an overturned administrative suspension or through adequate limited privileges. Call (937) 356-3969 today for your free consultation.
DUI License Suspensions in Dayton
The length of the suspension you are facing depends on if there are any prior refusals or DUI convictions. These suspensions are outlined in ORC §4510.02.
- First refusal – Class C driver's license suspension of one year, no priors
- Second refusal – Class B suspension of two years, prior refusal or conviction occurred within last 6 years
- Third refusal – Class A suspension of three years, prior refusals and/or convictions occurred within last 6 years
- Fourth or subsequent refusal – suspension of five years, prior refusals and/or convictions occurred within last 6 years
Even if your administrative license suspension (ALS) is upheld after your appeal, you may still be able to apply for limited driving privileges depending on your circumstances. An experienced criminal defense attorney will be able to help you evaluate what is best for your case.
Montgomery County ALS Appeals Process
Ohio Rev. Code § 4511.197 allows an individual to ask for an appeal of his or her ALS. A hearing will be held to determine if any of the following were met:
- The stop or arrest was not reasonable
- The officer did not request the individual take a chemical test
- The individual was not informed of the penalties of not taking a chemical test
- The individual refused or failed a chemical test.
An appeal with evidence regarding the above circumstances can be made at the initial appearance for the OVI charge or within 30 days after. Additionally, an individual has the same 30 days to petition for limited driving privileges. If the individual is adjudicated guilty for a DUI from this incident, the ALS will be terminated in favor of the criminal consequences.
Dayton Driver's License Reinstatement After ALS
Once an individual has met the requirements of their administrative license suspension period, they are eligible for reinstatement. It is important to note that this is not an automatic process. To reinstate your license you must show proof of insurance through Form SR22 and pay the Ohio Bureau of Motor Vehicles a $475 reinstatement fee.
Joslyn Law Firm | ALS Appeal Lawyer in Dayton
Driving may be considered just a privilege and not a right under law, but it is an extremely important one. If you refused to consent to a BAC or other chemical test for OVI in Montgomery County, Miami County, Clark County, Greene County, or the surrounding areas call the experienced legal team at Joslyn Law Firm. We will fight for you to keep your driving privileges in your appeal, or if full privileges are not possible, sufficient driving privileges to remain productive. Your first case consultation is free, so call (937) 356-3969 or submit our convenient online contact form today.