Administrative License Suspension in Steubenville
In Steubenville, Ohio, getting arrested for OVI (Operating a Vehicle Impaired) can lead to an Administrative License Suspension (ALS) by the Bureau of Motor Vehicles. This occurs when the driver’s blood alcohol content (BAC) exceeds the legal limit or if they refuse chemical testing.
Upon arrest, the officer presents the driver with BMV Form 2255 and keeps their license. The ALS suspension is authorized by Section 4511.19 of the Ohio Revised Code, which defines the term and outlines the circumstances for such a suspension.
However, receiving this suspension does not mean an automatic loss of the driver’s license. In such cases, it is crucial to consult with a reputable Steubenville OH criminal lawyer like Sean Logue. With extensive experience in OVI cases, Sean Logue will meticulously examine your case, analyze the test results, and gather information about the arrest to build a solid argument for the ALS hearing. The goal is to persuade the judge to terminate the suspension.
Ohio law provides various reasons for a judge to set aside an ALS, including:
- Lack of probable cause or reasonable grounds for the OVI arrest.
- Chemical testing results indicating the driver was within legal limits.
- Difficulties faced by the driver due to a medical condition, such as asthma, which negatively affected breath volume.
- Failure of the arresting officer to inform the driver about the law regarding implied consent.
Your Steubenville OH OVI lawyer can promptly file an appeal to challenge the ALS either at your arraignment or within a day or two after. Several strong arguments can be presented to the judge in order to set aside the suspension:
- Mistakes made by the arresting officer when completing Form 2255.
- Failure to check the box on Form 2255 labeled “Was placed under an Administrative License Suspension.”
- Incorrect attestation or swearing to the statements listed on Form 2255.
- Non-receipt of a notarized copy of Form 2255 by the BMV, or improper completion of notarization.
- Improper execution of Form 2255 in any other manner.
- Unauthorized changes or alterations to Form 2255 between the time it was given to you and when it was filed with the court clerk.
When an individual is arrested for OVI, the officer must complete specific paperwork to initiate the license suspension. Understanding the factors that determine the length of the Administrative License Suspension (ALS) is crucial.
Refusal to Undergo Chemical Testing
If a driver refuses to submit to chemical testing for the first time, the ALS can be lifted after the offender pleads no contest or guilty. Credit is given for time served against the suspension. However, if the driver is found not guilty after a trial, an ALS suspension remains in effect.
For a third or subsequent refusal within six years, the ALS cannot be rescinded. It is important to note that anyone operating a vehicle in Ohio is deemed to have given consent to chemical testing upon the request of law enforcement, as outlined in Section 4511.191(A)(2) of the Ohio Revised Code.
Length of ALS Due to Refusal to Submit to Testing
The length of the ALS varies based on the number of previous refusals within a six-year period:
- Class C Suspension: One year. Driving privileges are reinstated after 30 days for the first refusal within the past six years.
- Class B Suspension: Two years. Driving privileges are reinstated after 90 days for the second refusal within the past six years.
- Class A Suspension: Three years. Driving privileges are reinstated after one year for the third refusal within the past six years.
- Five-year Suspension: Imposed after the fourth refusal within a six-year period. Driving privileges are reinstated after three years. This length of suspension also applies to subsequent refusals.
In cases where a driver undergoes chemical testing but fails, the following suspension lengths are enforced:
- First Offense: 90-day suspension.
- Second Offense: One-year suspension.
- Third Offense: Two-year suspension.
- Fourth Offense: Three-year suspension.
If you’re facing an administratively suspended license, don’t worry! Reach out to Sean Logue at (330) 992-3036 for the help you need.
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