Understanding the License Suspension Procedure in Youngstown

When you are a driver in Ohio, discovering that you have lost your driving privileges can be a frightening experience. There are generally two distinct ways your driver’s license can be suspended in the state. The first is by a direct court order following a criminal conviction. The second is an administrative suspension handed down by the Ohio Bureau of Motor Vehicles (BMV) through a civil administrative process. Many different scenarios can result in either of these situations. For instance, driving under the influence, accumulating a total of more than 12 points on your driver’s license, or a straightforward refusal to submit to a chemical test when law enforcement stops you under suspicion of a DUI. How you go about fighting this suspension will depend heavily on whether your license was suspended as a result of a criminal conviction or through the administrative process.

This entire legal process can feel incredibly confusing and emotionally taxing for an individual who does not have an in-depth understanding of Ohio law. Because the stakes are so high, securing guidance from a knowledgeable Youngstown criminal lawyer is incredibly important. At Youngstown Criminal Law Group, you gain the dedicated help and legal guidance of an experienced advocate so that you can navigate the system and fight the suspension of your license with greater ease.

Administrative License Revocation by the Ohio BMV

There are several specific circumstances in which your license can be suspended by the Ohio BMV. The following situations can trigger this administrative action:

• A refusal to submit to the required chemical test when you have been lawfully stopped and subsequently arrested for DUI/OVI.
• After a police officer has lawfully stopped you, testing shows your Blood Alcohol Concentration (BAC) remains at or above the legal limit of .08%.
• At the exact time of your traffic stop, you failed to provide the required proof of auto insurance.
• You unfortunately caused a motor vehicle accident while you were driving uninsured.
• You have accumulated 12 points in a 2-year period on your driver’s license due to various kinds of traffic violations.

Getting your license suspended for any of the above reasons is treated as a civil administrative procedure. Because this specific action does not happen strictly due to criminal charges, you will face what is known as an ALS, or Administrative License Suspension. You will need to select a skilled Youngstown OVI attorney who works directly with the BMV so that you can properly challenge the suspension and protect your rights.

Receiving Notice of an Administrative License Suspension

You will be served immediate notice when you are issued an ALS during a traffic stop. The arresting police officer will hand you a physical copy of BMV Form 2255 regarding the ALS after officially confiscating your driver’s license. You will be legally required to stop driving immediately. At this critical juncture, you should connect with an experienced Youngstown criminal lawyer. From the time of your arraignment, you will be granted exactly 30 days to file an appeal regarding the civil suspension while working to get your criminal charges dropped. On the other hand, if your driver’s license accumulates 12 points or more, you will receive a formal letter from the BMV informing you about the suspension, including the specific start date and end date. You must file an appeal prior to the start date of your suspension.

Understanding the Duration of Your ALS

The total duration of an ALS will be categorized based on a range from Class F down to Class A. A Class F suspension is considered the easiest one to resolve and will remain in effect until certain specific conditions are met by the driver. A Class E suspension will typically last for a duration of 3 months. Meanwhile, a Class A suspension will be much harsher, lasting for 3 years. Your past driving record and previous suspension history will also be carefully evaluated by the authorities and your Youngstown OVI attorney when determining the potential duration and severity of the ALS.

How to Contest an Administrative License Suspension

If you wish to protect your mobility, you will need to file your appeal as soon as humanly possible. No matter whether you had your license suspended right at the scene of a traffic stop or you were notified by a formal letter, you must not waste any precious time in contacting a dedicated Youngstown criminal lawyer.

If you receive an ALS from the BMV while simultaneously facing related criminal charges, your legal counsel will be representing you on both the civil and criminal fronts. You need to understand that even after a successful ALS appeal, you might still lose your driving privileges if you are convicted of the criminal charges. However, if your criminal charges are successfully dropped, or if a judge or jury finds you not guilty, your attorney can work to get your driver’s license reinstated right away.

Securing Limited Driving Privileges

It is entirely possible to retain or gain some limited driving privileges even after formally getting your driver’s license suspended. After you complete a mandatory period known as a “Hard Suspension,” your Youngstown OVI attorney will formally ask the presiding court or the BMV to grant you a restricted driver’s license. With this specific restricted license, you are legally permitted to drive to essential locations such as work, school, medical appointments, and court-related treatments.

If you are dealing with these complex issues, do not hesitate to reach out for professional help. Come to Youngstown Criminal Law Group so that our capable legal team can help you fight the license suspension and get you your driving privileges back on the roads of Ohio. Call (330) 791-8104 or contact us online to schedule a free consultation.