Understanding License Suspension Procedures in Youngstown

In Ohio, a driver’s license suspension generally stems from two distinct sources:

• A court order following a criminal conviction.
• An administrative action taken by the Ohio Bureau of Motor Vehicles (BMV).

There are numerous scenarios that can trigger either of these penalties. Common examples include operating a vehicle under the influence (OVI/DUI), accumulating 12 or more points on your driving record, or refusing to submit to a chemical test when stopped by law enforcement. The strategy required to contest the suspension relies heavily on whether the revocation was a result of a criminal conviction or an administrative procedure.

The Two Primary Paths to License Suspension in Ohio

The legal process surrounding driving privileges can be incredibly confusing and stressful for anyone unfamiliar with state laws. Without proper guidance, navigating the system in Mahoning County is difficult. This is why seeking assistance from the Youngstown Criminal Law Group is vital. We provide the guidance you need to navigate these hurdles. By retaining a skilled Youngstown criminal lawyer, you gain an advocate who can help you fight the suspension and work toward restoring your ability to drive.

License Suspensions Initiated by the Ohio BMV

Your driving privileges may be suspended by the state of Ohio under the following specific circumstances:

• Refusing to take a chemical test after being stopped and arrested for an OVI/DUI.
• Registering a Blood Alcohol Concentration (BAC) at or above .08% after a lawful traffic stop.
• Failing to provide proof of auto insurance at the time of a traffic stop.
• Causing a vehicle accident while driving uninsured.
• Accumulating 12 points on your driver’s license within a two-year period due to various traffic violations.

If your license is revoked for any of the reasons listed above, it is considered a civil administrative procedure. Because these are not strictly criminal charges, you will face what is known as an Administrative License Suspension (ALS). To effectively challenge this, it is crucial to hire a Youngstown DUI attorney who understands the specific protocols of the BMV and can handle the administrative appeal process.

Notification Process for License Suspensions

If you receive an ALS during a traffic stop, you will be served notice immediately. The police officer will confiscate your physical license and provide you with a copy of BMV Form 2255, which outlines the suspension. At this point, you must stop driving immediately and contact legal counsel. From the date of your initial arraignment, there is a 30-day window to file an appeal.

Alternatively, if the suspension is due to accumulating points, the process differs. If your record reaches 12 points or more, the BMV will mail you a notification letter detailing the suspension, including the official start and end dates. To protect your rights, a qualified Youngstown criminal lawyer can help you file an appeal before the suspension start date listed in the letter.

Length of Administrative License Suspensions

The duration of an ALS varies significantly based on the classification, ranging from Class F to Class A.

• Class F: This is the least severe suspension and lasts only until specific conditions are met.
• Class E: This suspension lasts for three months.
• Class A: This is the harshest classification, lasting for three years.
  Your previous driving history and any prior suspensions will be factored in when authorities determine the length of your ALS.

Challenging an Administrative License Suspension

Time is of the essence when contesting a suspension. Whether you surrendered your license at a traffic stop or received a notice in the mail, you must act quickly to preserve your rights.

If you receive an ALS from the BMV while also facing criminal charges, your legal representation must handle both aspects. A knowledgeable Youngstown DUI attorney will represent you on both the civil and criminal fronts. It is important to note that winning the ALS appeal does not guarantee you will keep your license if you are convicted of the criminal charges. However, if the criminal charges are dropped, or if you are found not guilty, your attorney can move to have your license reinstated immediately.

Obtaining Limited Driving Privileges

Even if your license is suspended, you may not be strictly prohibited from driving for the entire duration. Following a mandatory “Hard Suspension” period, you may be eligible to petition the court or the BMV for restricted driving privileges. Your Youngstown criminal lawyer can request permission for you to drive for essential activities, such as traveling to work, attending school, going to the hospital, or attending court-ordered treatments.

Contact the Youngstown Criminal Law Group

If you are facing license issues in Mahoning County, reach out to the Youngstown Criminal Law Group. Our team is dedicated to helping you fight your license suspension and getting you back on the roads of Ohio.Call 412.387.6901 or contact us online today to schedule a free consultation.