Defending DUIs throughout the Miami Valley including Butler, Champaign, Clinton, Darke, Greene, Logan, Miami, Montgomery, Preble, Shelby, and Warren counties.

Serving the communities in the areas of:  Beavercreek, Centerville, Clayton, Dayton, Eaton, Englewood, Enon, Fairborn, Franklin, Huber Heights, Kettering, Lebanon, Lima, Miamisburg, Oakwood, Piqua, Riverside, Springboro, Springfield, Sydney, Tipp City, Trotwood, Troy, Vandalia, Washington Court House, West Carrollton, Xenia, and Yellow Springs.

Administrative License Suspension Chart - Ohio Driving under the Influence Law 2003 Edition

Administrative License Suspension

Arrest

 

1. Arrest based upon reasonable grounds to believe defendant was in violation of
R.C. 4511.19 or similar city ordinance upon a highway or a public or private property
used for public vehicle travel or parking.

2. Officer asks defendant to submit to test(s) and provides and reads implied
consent form implicating consequences of over .08 BAC or a refusal.

  • A. If Arrestee tests over .08 BAC or refuses test, officer serves notice of suspension, effective immediately, and seizes license. Notifies defendant of
    appeal rights and sends license to Bureau along with a sworn report containing
    all the above. Also sends sworn report to court. ALS takes effect immediately,
    and is as follows.

Positive Test Suspension

No Prior Conviction

90 Days

One Prior Conviction

1 Year

Two Prior Convictions

2 Years

More than Two Prior Convictions

3 Years

Refusal Test Suspension

No Prior Refusal

1 Year

One Prior Refusal

2 Years

Two Prior Refusals

3 Years

More than Two Prior Refusals

5 Years

  • B. If test under .08 or if no test, officer seizes license and sends to court for
    possible judicial pretrial suspension.

Arraignment - 5 Day Hearing

1. Appeal of Suspension

  • Defendant files written request for hearing at 5-day hearing, in court where person will appear for criminal charges.
  • Appeal does not stay Suspension.

A. Scope of Hearing

  • Was there an arrest and reasonable grounds for the same?
  • Was there a proper reading of implied consent form?
  • Was there a refusal or a proper positive test result?

Court may uphold or terminate suspension.
2. Petition for Occupational Driving Privileges

  • Defendant files petition in common pleas court, municipal court, county court, mayor's court, or juvenile court with jurisdiction over the related criminal or juvenile case.

A. Scope of Hearing

  • Whether reasonable grounds to believe the suspension would seriously affect
    the person's ability to continue    his/her employment. If so, court may grant occupational privileges as follows:

Positive Test Suspension

No Prior Conviction

After 15 days

One Prior Conviction

After 30 days

Two Prior Convictions

After 180 days; Interlock Required

More than Two Prior Convictions

After 3 Years; Interlock Required

Refusal Test Suspension

No Prior Refusal

After 30 Days

One Prior Refusal

After 90 Days

Two Prior Refusals

After 1 Year

More than Two Prior Refusals

After 3 Years

Court gives a person a permit card containing all conditions of
privileges.


Court provides information of its decision to the Bureau.
Disclaimer: This chart is provided as a general guideline to the process. It is not intended to represent or replace legal representation. For more information, please seek appropriate legal counsel.

 

Why Larry Denny?

Things You Need To Know

To Blow or Not to Blow

Did you walk a line

Biggest cop mistakes

What most lawyers don't do

How to beat a DUI

5
4
2
7
3
Larry_denny
1st things 1st

a
Can You Do the time?s
Do you want these?

Call Larry Denny at 
(937) 224-0039