Columbus and Delaware, Ohio DUI / OVI Attorney

If you are subject to an administrative license suspension in Columbus or Delaware, Ohio, contact Johnson Legal, LLC to discuss your case. Attorney David Johnson will help you fight your administrative license suspension. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation and talk about your administrative license suspension and any underlying DUI / OVI charge.

Implied Consent

Ohio is an implied consent state. Pursuant to ORC 4511.191, a person stopped by law enforcement and suspected of drinking and driving is required to submit to a blood, breath or urine test. Refusing to do so results in the immediate suspension of the person’s driver’s license.

This suspension, known as an administrative license suspension (or ALS) is independent of any criminal case for DUI (known as “OVI” in Ohio). It is not part of any criminal penalties that may be imposed upon conviction for DUI / OVI . It is a civil penalty and is not part of your criminal case.

DUI / OVI Administrative License Suspension Types in Ohio

License suspensions come in two types. The first is an administrative license suspension imposed by the Ohio Bureau of Motor Vehicles. The second is a court suspension as part of a DUI / OVI conviction.

If you refuse to consent to a blood, urine or breath test, an administrative license suspension is immediately imposed by the police officer on behalf of the Ohio BMV. If you consent to testing and you are at or over the legal limit, an administrative license suspension is immediately imposed. If you consent to testing and you are below the legal limit, no administrative license suspension is imposed.

A first refusal to consent to chemical testing of your blood, urine or breath will result in the Ohio Bureau of Motor Vehicles imposing a class C suspension of your driver’s license. Pursuant to 4510.02, this mandates a suspension for 1 year.

A second refusal to consent within 6 years of a prior DUI / OVI conviction or refusal to consent will result in a class B suspension of your driver’s license, which is for 2 years.

A third refusal to consent within 6 years of 2 prior DUI / OVI convictions, 1 prior refusal and 1 prior DUI/OVI conviction, or 2 prior refusals to consent, will result in a class A suspension, which is for 3 years.

Further refusals to consent to chemical testing (i.e., refusal with 3 prior DUI / OVI convictions, 3 prior refusals to consent, or a combination of both that cumulative equals 3) will result in a 5 year driver’s license suspension.

The following two tables summarize this information.

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A court imposed suspension is part of a sentence imposed by the judge. The length of the suspension depends upon the number of DUI/OVI convictions in the past 6 years. For a 1st DUI / OVI conviction, the suspension is for 6 months – 3 years. For a 2nd DUI / OVI conviction, the suspension is for 1 – 5 years. For a 3rd DUI / OVI conviction, the suspension is for 2 – 10 years. For a felony DUI / OVI, the suspension is for 3 years – life.

Appealing an Administrative License Suspension in Ohio

An administrative license suspension can be appealed pursuant to ORC 4511.197 at the initial appearance for the underlying DUI / OVI charge or within 30 days after the initial appearance. An appeal can be made on the following grounds:

The arrest was not reasonable;
The arresting officer did not ask the person to take a chemical test; and/or
The individual was not informed of the consequences for refusing to take the chemical test

A person subject to an administrative license suspension can file a petition requesting limited driving privileges within 30 days of the initial appearance for the DUI / OVI charge.

Upon the completion of the administrative license suspension period, the person must still apply for reinstatement of their driver’s license. The person must show proof of financial responsibility by obtaining a proof of insurance certificate (SR22 Form) and pay a reinstatement fee of $475 to the Bureau of Motor Vehicles.

Ohio Driver’s License Reinstatement for DUI / OVI

Regardless of the type of suspension, certain procedures must be followed to have your driver’s license reinstated. Until the procedures are complied with, you will not be allowed to drive (absent driving privileges), even if the suspension has ended.

The first course of action is to complete a reinstatement notice form and send it to the Ohio BMV. This should be completed approximate 1 month before the suspension ends and should be accompanied by the reinstatement fee and proof of insurance. You will then receive notice from the BMV that you are eligible for a new license. Present that notice to the BMV Registrar License Agency to obtain your license.

If you have any questions regarding this process, contact the Ohio BMV Driver’s License Information Center at (614) 752-7600 or visit their website.