If you are convicted of a DUI in Ohio you will have your license suspended for a minimum of six months by the court that handed down your conviction. If you refuse to take a breathalyzer, blood test, or urine test when stopped or arrested on suspicion of DUI your license will be suspended for a minimum of one year by the Ohio Bureau of Motor Vehicles.
If you are facing DUI charges in Ohio, and have a suspended license, the first thing you need to do is contact an Ohio DUI attorney. After consulting with an Ohio DUI attorney you will have an understanding of where you are and what steps you need to take, including getting limited driving privileges.
What Happens after a DUI in Ohio?
After being stopped on suspicion of DUI and later arrested, the police will take you to be booked. At booking you will have a chance to go before a judge or magistrate where they will determine if there was probable cause to arrest you or not. If the official determines there was probable cause then you will be charged and will have to post bail (if you allowed) and wait for the next hearing in your case.
If you are in this position, it is very important that you contact an attorney. You should make sure that the attorney you decide to hire has all the information you have regarding everything that happened following the stop.
After your initial booking you will have the opportunity to have a preliminary hearing. At your preliminary hearing your attorney will be able to challenge the charges against you, contest any evidence issues, and try to get your charges dismissed. The court will also set a trial date at the preliminary hearing after deciding all the issues your attorney brings up. The time between your preliminary hearing and trial is for you and your attorney to prepare your case, discuss plea options, and negotiate with the prosecution.
How to Get Limited Driving Privileges in Ohio DUI Case
Once you have been arrested and charged with a DUI in Ohio your license will automatically be suspended. You will have 30 days from the time you are given notice of your suspension to request an administrative hearing with the Ohio Bureau of Motor Vehicles. It will be important for your attorney to work with you on this hearing so you can continue to use your car and license to work, go to school, and perform other necessary tasks. The outcome of this hearing does not have any bearing on your criminal trial.
If you are convicted of a DUI in Ohio a court may grant you limited driving privileges once your license gets suspended. If you are granted privileges, how and when you drive will be limited. Under restricted driving privileges you will only be able to drive for work, school, or medical purposes, to attend court-ordered treatment, or to take a driver’s license exam. In addition to these restrictions, you may be forced to use yellow license plates on your car to draw attention to the fact that you were convicted of a DUI. You may also be required to carry a court issued paper identifying what your driving privileges are. Failure to comply with any of the restrictions issued by the court may result in a charge of Driving Under Suspension.
Of course the best outcome of any DUI charge is to win your case and clear all of the license suspensions. To do that you will need a DUI Rights attorney that can fight for you.
How to Fight an Ohio DUI Charge
Police Officer Error – police officers make mistakes just like the rest of us. If a police officer made a mistake with your case, you may be able to use it against him or her in trial. For example, did the officer properly document your blood alcohol level test? Did the officer mishandle any of the evidence in your case? Does the officer’s report conflict with the video evidence or with eyewitness accounts at all?
Problems with the Evidence – There are a number of ways to fight the evidence that an officer collects against you. For example, if you were asked to perform a road sobriety test then there is a good change you can attack its reliability. Road conditions, weather, misinformation, and other factors can be grounds to throw out road sobriety tests.
Constitutional Violations – There are many restrictions on how the police can act that are based in the U.S. Constitution. If the police act contrary the rules of the Constitution, a court may penalize the police in a way that will benefit you. For example, the police are required to read you your Miranda Rights before they ask you questions when you are under arrest. If they failed to do so, or did so improperly, anything you said may be thrown out of your case. That is just one example of hundreds of rules that exist to protect your rights.
An experienced Ohio DUI Rights attorney will give you the best chance to fight any charges against you and help you get the best result possible for your case.