Category Archives: DUI & ALS Suspensions

Get information on what an automatic license suspension is and what we can do to challenge it.

Why The ALS Suspension Is Unconstitutional

We are often asked how the arresting officer is authorized to take a persons' license under the ALS suspension, and whether or not this is constitutional.  The dilemma presented by Ohio DUI Law is this: If I am innocent until proven guilty, how can they punish me by immediately taking my license when I am…
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Methods for Obtaining A Test Under Ohio’s Implied Consent Law

    When you drive on Ohio's roadways you are assumed to have consented to a search of your blood, breath, plasma or urine if you are arrested pursuant to the Ohio Drunk Driving statute, R.C. 4511.19(A) or R.C. 4511.19(B). Ohio Revised Code 4511.191(A)(2) is Ohio's Implied Consent Law. It states, in pertinent part,  …
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Can I Get An ALS Suspension On A Physical Control Charge?

If you are found drunk in a non-moving car, you may be charged with a violation of O.R.C. 4511.194, Physical Control of an Automobile While Impaired instead of drunk driving (O.R.C. 4511.19, OVI, DUI, OMVI).  The arresting officer, on behalf of the Ohio Bureau of Motor Vehicles (hereinafter BMV), imposes an Administrative License Suspension at…
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How Will A DUI Affect My Insurance Costs?

“How will a DUI affect my insurance costs?”  This is one of the most common questions we get at initial client conferences.  I have grown frustrated in trying to give a short answer that sufficiently covers the nuances of the situation, so - here is my long-winded multi-part answer. How Will A DUI Affect My…
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How To Get Your License Back

Often, the most pressing question in a DUI arrest is how to get your license back! If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will…
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Limited Driving Privileges Under Ohio Revised Code 4510.021

Q. Can I get limited driving privileges during the pendency of my OVI case? A court may grant limited driving privileges to a person who has had their license suspended pursuant to a pending OVI.  The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver's…
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Due Process and the Administrative License Suspension

How can it be constitutional for the State to take my license immediately via the Administrative License Suspension? Ohio believes that driving is not a right, but a privilege. See 4511.191  If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test…
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Petition for ALS Driving Privileges in the Vandalia Municipal Court

Q. How can I obtain ALS driving privileges in the Vandalia Municipal Court? If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s…
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Driving Privileges: Hard Time

15 days if you took the test, 30 days if you did not (First Offense) If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and…
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