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My ALS was terminated by the judge because form 2255 was not filed with the court, can I still lose license if convicted of OVI?

Columbus, OH |

am I just allowed full driving until the case is decided, meaning if guilty of OVI would I lose license for a period of time at that point?? I refused to blow....

Attorney Answers 5


  1. Yes you would lose you license. You may be eligible for privileges after the requisite time, but the biggest problem is taking a conviction for ovi. An ovi is in your record for life and can have many different effects including devastating effect on employment. You should considering hiring an attorney to represent you. You are welcome to call my firm serving the Columbus area at 1-888-OVI-OHIO.


  2. If you are convicted of OVI you would lose your license for a period of time and not be eligible for driving privileges for a certain period as well. The period is determined by a range based on the numbe of prior OVI convictions you have in a specific period of time. For example if this is your first OVI you could lose your license for a minimum of 6 months and maximum of 3 years. I suggest strongly that you hire a good DUI attorney asap. If your charge is in the Columbus area contact Zach Mayo at www.lawofficeofbrianjones.com. Zach is an excellent DUI attorney. Good luck.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    Beavercreek, Ohio
    (937)510-6110 phone
    attycbeck@gmail.com
    www.becklawofficellc.com

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner


  3. Yes. In Ohio, 6mo-3yrs on a first offense in the last six years if convicted of DUI. 0-1yr if convicted of physical control.


  4. Yes. An Administrative License Suspension (ALS) and an OVI suspension are two separate suspensions. In your case, an ALS was imposed by the Ohio BMV because you refused to submit to a breath test. The ALS was terminated because a sworn copy of the BMV 2255 form was not filed sent to the court (within 48 hours) as required by Ohio law. If you are found guilty of the OVI, however, an OVI suspension will be imposed by the judge. If this is a first OVI conviction within six years, the license suspension will be a minimum of six months and a maximum of three years, and you will be eligible for limited driving privileges after a 15-day waiting period.


  5. Yes, your license will be suspended in Ohio if you are convicted of an OVI. An Administrative License Suspension is a separate matter from an OVI. You can have your ALS vacated and still be convicted of OVI, and you can be found not guilty of an OVI but still have an ALS.

    An ALS is a civil matter between you and the Ohio Bureau of Motor Vehicles. It is not part of the criminal OVI case, though you can appeal the ALS in the OVI case. This is typically, though not always, done as part of a Motion to Suppress in the criminal case. You can appeal the ALS but you must do so within 30 days of the suspension or it is waived.

    No attorney-client privilege or relationship is established by this post. This is intended as general legal advice being given with limited information to assist the public is making decisions about hiring legal counsel. You should always hire legal counsel when in doubt about your rights and follow that legal counsel accordingly.

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