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Is Your License Suspended Immediately in Ohio for an OVI?

Posted On: January 12th, 2020 by Bradley J. Groene
Police car with lights in rear view mirror

We rely on our drivers’ licenses for almost every aspect of life. You may need to drive to work or school every day, and ordinary chores often can’t get done without the ability to drive around town. An Ohio OVI license suspension is something that many Ohio residents cannot afford. Police and prosecutors work hard to make OVI arrests and hand down harsh penalties. They have our state’s strict laws backing them up, and they know that you are in a very difficult position after your arrest. It’s important to call a skilled Cincinnati OVI defense lawyer as soon as possible. Depending on the details of your arrest, you may lose your right to drive for up to a month; however, the prosecutor can pursue a much longer suspension as the legal process moves forward. Our attorneys understand how stressful this can be for you and your family, and we know how to help.

Contact Luftman, Heck, & Associates to speak with a knowledgeable Ohio OVI lawyer about your case and how we can help you keep your license after an arrest. Call our Cincinnati office today at (513) 338-1890.

Ohio’s Administrative License Suspension

State law gives police a lot of authority when making sobriety checks and determining if a driver may be intoxicated. Being pulled over by the police is always intimidating, even if you are not intoxicated or breaking the law. While we trust police to properly handle OVI stops, there are still errors made in many cases where law enforcement work to determine if someone is drunk or using drugs. Even if there was a mistake in your sobriety test, an administrative suspension may go forward until your charges are dropped or you win your case. The administrative suspension can be filed immediately with the State of Ohio Bureau of Motor Vehicles (BMV). This shows the power that police have when making OVI stops and the need to hire a skilled defense lawyer without delay.

A BMV license suspension will vary in duration depending on whether or not you cooperated with a blood alcohol content (BAC) test. Ohio’s implied consent law states that you consent to a BAC test whenever you drive on a public road. Therefore, an increased punishment can immediately be handed down if you refuse a BAC test. Administrative license suspensions that immediately follow an OVI arrest are:

  • 90 day suspension: This is if you are charged with OVI after you take a BAC test. The first 15 days grant you no driving privileges, and they you may possibly secure limited use of your license.
  • One-year suspension: Refusing to cooperate with a BAC test will immediately result in a yearlong suspension. This includes a minimum of 30 days without any driving privileges, and the remainder may involve limited rights to drive.

Your Lawyer Can Help You Keep Your License After an OVI Arrest

The resources that police and prosecutors have can make any situation seem impossible when you are facing serious criminal charges. However, a knowledgeable defense lawyer can investigate the details of your case and make sure that you are not unfairly deprived of your license. We understand that even a 15-day administrative suspension can be difficult for you and those who depend on you. Building a strong case to have your license reinstated, and charges dropped, begins in the hours after an arrest. Your lawyer can immediately begin a review of police procedures and make a determination if your stop and detainment was unjustifiable. Furthermore, having a lawyer at the arraignment is important. Here we can view the evidence against you while also working with the judge to make sure your license suspension doesn’t unfairly affect you and your family.

Our lawyers immediately build strong cases against any punishment that could result in your license being suspended. Evidence that can come into play at this early stage of your defense can include:

  • Another driver was at fault: Police have been known to charge people with OVI even if they were not legally operating a vehicle. Maybe you were not in a position to put the car in motion, or maybe someone else was behind the wheel.
  • Your rights were violated: The prosecution might immediately drop your OVI case if it’s clear that police violated your rights to privacy when detaining and searching your vehicle. This argument can also help win your case at a later stage if it proceeds past the arraignment stage.
  • You were not intoxicated: Your lawyer can end your license suspension by building a case that proves you are innocent of the charges. While this situation will not end an immediate administrative suspension, it can end any further suspension that may be handed down as punishment by the court.

A Lawyer From Luftman, Heck & Associates Can Help Get Your License Back

It’s important to call your lawyer without delay if you have been arrested on suspicion of OVI. Ohio law can be very harsh, and police and prosecutors have many options when they pursue your case. Having skilled legal counsel working for you is necessary if you are going to protect your rights and get your license back. The legal process moves quickly, and it’s recommended that you have your lawyer with you from the beginning. Our team understands how important it is for you to use your car, and we know how to help you protect your rights after an arrest.

Contact Luftman, Heck & Associates to speak with a knowledgeable Cincinnati defense lawyer about your OVI. Call us today at (513) 338-1890.

Bradley Groene made an exceptionally difficult situation much easier to handle. He kept me informed of everything that was going to happen and got results for my case far better than I could have hoped for. I would highly recommend him for anyone who finds themselves in legal troubles.