Administrative License Suspension - 8/30/2013

 

In the state of Ohio, it is considered to be a per se offense of drunk driving if you are operating a motor vehicle with a blood alcohol content (BAC) over the legal limit of 0.08 percent; it is also considered to be a violation of the law if you are found to be driving under the BAC threshold but are noticeably impaired by drugs and / or alcohol. Should you be arrested and criminally charged with a DUI / OVI in Ohio, you will automatically experience a six month suspension of your driver’s license. This is known as an Administrative License Suspension (ALS) and under Ohio statutes can occur should the officer have either reason to believe that you are impaired, should you test over the legal limit or should you refuse to take the test entirely.

Following this automatic suspension, it is important that the criminally charged recognize that they have (30) thirty days in which they can request a hearing to fight this suspension. An Administrative Hearing with the Bureau of Motor Vehicles (BMV) can be required to fight against this suspension. Should you request the hearing within the thirty days of mailing date of the notice, you will be granted the BMV hearing and will be made aware of the time and place. It is not required that you attend this hearing in person, as it is perfectly legal for you to be represented by a criminal lawyer, like us, at this time.

It is important to keep in mind that this hearing does not deal with the question of your guilt. Instead, it is solely focused on the suspension of your driving privileges and will focus entirely on whether or not you deserve to have your license suspended. During the hearing, your lawyer will be able to present evidence, as well as bring in witness testimony. If your license is suspended at this meeting, to regain your driving privileges, you will need to successfully serve the entire length of the suspension, pay the reinstatement fee, complete the Juvenile Driver Improvement Course if required and complete the driver license examination.

WHY HIRE OUR OFFICE TO REPRESENT YOU?

If you have recently been pulled over and charged with drunk driving, you may have resigned yourself to losing your license. Do not give up hope! Just because you have been criminally charged does not mean that you are convicted. By getting the involvement of an experienced attorney, you will be able to have the experience of an attorney on your side review all of the tickets and look for the best way in which you can fight to have the ALS either reversed entirely, terminated or even temporarily lifted.

At Potter Law Office, we recognize that losing a driver’s license can be difficult and is not desired by any. If you are hoping to fight for your driving privileges, you should not hesitate to give our office a call as soon as possible. We are well-versed in BMV hearings and we know the best way in which to fight against the possibility of an ALS. Should you get us involved, you will be able to be confident knowing that our familiarity with local courts and laws will play into your favor. Get over several decades of experience on your side – call today.

To discuss your DUI / OVI case, please contact Potter Law Office as soon as possible by calling us at (419) 353-7547