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Arrested for DUI in Wheeling, Ohio?

In Ohio, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the Ohio Bureau Motor Vehicles. While both actions can result in the suspension of your Ohio driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled on their own.

Ohio DUI / DWI Administrative Hearing

Pursuant to Ohio law, an individual has 30 days to request an Administrative Hearing from the Ohio Bureau Motor Vehicles. If you fail to request a hearing within 30 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an administrative hearing, it is important that you submit your request to the Ohio BMV within 30 days.

Being charged with DUI is a serious offense that can have serious consequences, including jail time, loss of driving privileges, and monetary fines. It is important that anyone facing a Ohio DUI charge understand what challenges they will encounter. Seeking the legal advice of an assertive and skilled DUI defense lawyer will help you understand all of your options and rights.

DUI Penalties for First Time Offenders

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC level of 0.04. A first time DUI / DWI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license.
• Ohio Driving Privileges and DUI - In Wheeling, Ohio, a first time DWI / DUI conviction results in the revocation of Ohio driving privileges for six months to three years.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of driver's license in Ohio for 1 year.
• Monetary Fines - In Wheeling, Ohio, fines for a first time DUI are $200.
• Jail Time - A first time DUI - DWI offender faces 72 consecutive hours time in jail .

Ohio DUI Vehicle Forfeiture

Permanent loss of vehicle shall be ordered by the court for any of the following:

• First offense of driving a vehicle during the immobilized period as stated in Ohio Revised Code(ORC) Section 4503.236;
• Third offense of OVI within six years or one prior felony OVI offense in a lifetime;
• Third offense or more of Driving Under FRA Suspension within six years as stated in Ohio RevisedCode (ORC) Section 4510.14;
• Third offense of the owner knowingly permitting a person who is under suspension to drivetheir vehicle as stated in Ohio Revised Code (ORC) Section 4511.203.

Ohio Administrative License Suspension (ALS)

• Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
• If you are stopped for DUI (Driving Under the Influence) and you refuse to take the sobriety test, or if your test results exceed the legal limit of BAC (blood alcohol content), the officer can take your driver's license in Ohio on the spot, and the suspension begins immediately.
• The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a OVI offense.

DUI Subsequent Offenses

Penalties are increasingly more severe for any additional DUI violations. Due to the complexity of DUI laws in Ohio, you may not be aware of rights and options, including any defenses you might use. This is why an accomplished and experienced criminal defense attorney can guide you through this emotionally challenging process. Please contact an Ohio DWI / DUI for a fast and free consultation.

Appeal Process for an Ohio ALS (Administrative License Suspension

The court must hold the administrative license suspension hearing within five (5) days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.

1. Was the arrest based on reasonable grounds?
2. Did the officer request the person to take a test?
3. Was the violator made aware of the consequences if he/she refused or failed the test?
4. Did the person refuse or fail the test?