If you are pulled over by an officer under the suspension of an OVI charge then your license may get suspended under two conditions:
1. If you refuse to give a sobriety test requested by the officer.
2. If you give the test and your results reveal that your Blood Alcohol Concentration level is above the legal limit (0.08).
Under both these conditions, the officer may confiscate your driver’s license and you will get an Administrative License Suspension (ALS).
The Administrative License Suspension (ALS) is a separate civil case against you by the Ohio Bureau of Motor Vehicles (BMV). Under the ALS, your license may get suspended automatically from about 3 months to 5 years depending upon prior offenses and refusals. This suspension will be independent of any probation, fine or penalty imposed on you by court for an OVI offense.
The ALS can be contested by your Attorney during your arraignment. Depending upon the facts of your case, your attorney must decide whether to stay or appeal your ALS. The ALS must be appealed within a certain time period after the suspension of your license or you will lose the right to fight for it.
By staying the ALS you may continue to drive depending upon the case.
If you are convicted of an OVI then the suspension of your license may be ordered by court. You may still be allowed to retain your driving privileges under certain restrictions if you have a strong defense attorney on your side. Our attorneys have extensive experience in fighting and winning OVI charges. Call us for a free consultation to evaluate your best options in your case.