OVI / DUI Court Suspension
There are two different license suspensions typically involved in DUI / OVI cases. When you are arrested for DUI / OVI and offered a breath test , blood test , or urine test , the license suspension that is imposed for refusing the test or testing over the limit is an Administrative License Suspension (A.L.S.) . If you are found guilty of DUI / OVI , the license suspension that is imposed as part of the DUI / OVI sentence is a Court Suspension .
Although the A.L.S. and the court suspension are similar, they are two separate suspensions. The court suspension is imposed by a judge , while the A.L.S. is imposed by the Bureau of Motor Vehicles . The court suspension is a punishment for committing an offense, and the A.L.S. is a civil (not criminal) administrative sanction for abusing the privilege of having driver’s license.Interplay Between The A.L.S. And Court Suspensions For DUI / OVI
- If an A.L.S. was imposed and you plead guilty to the DUI / OVI or are found guilty of the DUI / OVI, the A.L.S. is terminated when the court suspension is imposed.
- For the court suspension, you receive credit for the time that you were under an Administrative License Suspension.
- If an A.L.S. is imposed for a test over the limit and you are found not guilty of the DUI / OVI ‘per se’, the A.L.S. is terminated.
- If an A.L.S. is imposed for a test refusal and you are found not guilty of the DUI / OVI, the A.L.S. remains in place unless you are successful in your appeal of the A.L.S. or motion to terminate the A.L.S.
Judges are given wide latitude in determining the length of court suspensions for DUI / OVI cases. There are mandatory minimum suspensions that must be imposed, and there are maximum suspensions that cannot be exceeded. The minimum and maximum length of a court suspension depends on the number of prior DUI / OVI convictions on your record in the last ten years.
If you are placed under a Court Suspension, you may apply to the court for limited driving privileges. For first-time-offenders, there is a possibility of unlimited driving privileges under Annie's Law. There is a waiting period to apply for driving privileges. Like the length of the suspension, the length of the waiting period depends on the number of prior DUI/OVI convictions on your record.
|Prior convictions in 10 years||Length Of Suspension||Waiting period for driving privileges|
|No priors||1 year to 3 years*||15 days|
|One prior||1 year to 7 years||45 days|
|Two priors||2 years to 12 years||180 days|
|3 w/in 10 years OR |
6 w/in 20 years
|3 years to life||3 years|
Disclaimer : DUI / OVI sentencing law is complicated and changes frequently. The table above summarizes the law for court suspensions at the time this page was revised in 2017 . *For a first offense, the length may be reduced if a court orders unlimited driving privileges with ignition interlock.
Court suspensions are mandatory if you plead guilty to DUI / OVI. The only way to avoid a court suspension and the other parts of the DUI / OVI sentence is to get the DUI / OVI charge dismissed or reduced. For that to happen, you need to contest the charge and convince a prosecutor to dismiss/reduce the charge or convince a jury to find you not guilty. To do that, you’ll want to hire a good DUI / OVI lawyer who has experience with the court process and contesting charges rather than just pleading clients guilty.Attorney For DUI / OVI Cases In Columbus And Central Ohio
The Dominy Law Firm is focused on DUI / OVI defense and represents clients contesting DUI / OVI charges in Columbus and Central Ohio. For more information, please see the attorney profile and the firm overview . You can also read what clients say and review past case results. We limit the number of cases the our firm accepts so we can provide outstanding service to all clients. If you would like to discuss how the Dominy Law Firm can help with your DUI / OVI case, EMAIL US or call 614-717-1177 to arrange a free consultation.