Ohio’s Drunk Driving Laws

Dayton Criminal Defense Attorney

Ohio enacted new drunk driving laws in 2004 which are tough, swift, and unequivocal when it comes to license surrender and suspension. If you are stopped on suspicion of operating a vehicle while under the influence of alcohol or drugs (OVI), you will be forced to surrender your license on the spot if you fail a chemical test or refuse to take one. Failure of the test occurs when your blood alcohol concentration measures .08 percent or above. Your license is taken from you as an administrative action with a suspension to follow. How long the license suspension will last will depend on any previous offenses; time periods can vary from 90 days to up to 5 years. The administrative license suspension (ALS) is an action that is separate from any criminal penalties you may face through the criminal justice system for the offense.

When your license is taken from you by the police officer who arrests you for an OVI, it is sent to the Bureau of Motor Vehicles. In order to challenge the automatic suspension of your license, you must request an ALS hearing in court within five days of your arrest. At the hearing, the court will review your arrest to determine whether the suspension should occur. The court will consider several issues, such as whether or not you were arrested on reasonable grounds, whether you failed or refused the test, whether you were informed of the consequences of a failure or refusal, and other facts. If the court determines that you are a public safety threat, you will likely lose your license regardless of how these issues are answered.

The Importance of OVI Legal Representation

Besides the loss of your driving privileges, an Ohio OVI conviction will result in heavy fines, possible jail time, probation, and other court-mandated consequences. In second, third, and subsequent arrests, the penalties escalate. Having an attorney who is experienced in handling all of the technical and legal aspects of your case can be an invaluable asset. An arrest doesn't have to translate into an automatic conviction. A skilled and savvy attorney, however, is essential to increasing your chances for a favorable outcome.

At the law firm of Kollin & Wilkins, PLL, you will find a Dayton criminal defense attorney who has a successful track record and knowledge in OVI defense. The legal team has 45 years of combined experience in this field. By calling the firm immediately following an OVI arrest, you will be afforded the best opportunity for preserving your driving privileges and fighting the charges against you.

Contact a Dayton DUI lawyer at the firm for skilled legal counsel today.