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This was my second DUI refusal and the case was dismissed. What are the chances of Ohio BMV dropping the suspension?

Cincinnati, OH |

I was pulled over and arrested for a DUI and refused to submit to a chemical test. This was my second refusal in 6 years. The case ended up getting dismissed because the officer had no lawful reason to pull me over. However, my license is still under suspension by the BMV because it was the second time I refused a chemical test. I know my lawyer can petition the BMV to drop the suspension, but what are the chances of the BMV actually dropping it when the charge was dismissed?

Attorney Answers 4


  1. I'm not licensed in OH so I recognize differences in the laws and procedure in our neighboring states may result in what I have to say to be off the mark. In any event in my state, the suspension for refusal is independent of what happens to the underlying DUI charge, so my suspicion is that the dismissal itself will have no effect. The reason for the dismissal, however, would be significant here because that would support an appeal of the license suspension. If you do not hear from the learned OH attorneys who participate here, I would seek out an attorney with experience in licensing appeals. Good luck.


  2. Your attorney will be in a much better position to answer your questions than any of us on here. I suggest giving them a call. Good luck.

    Jasen Nielsen


  3. If your lawyer filed a timely appeal of the administrative license suspension, there is a chance that the court can terminate it. Otherwise, you're out of luck, because an ALS for refusal does not terminate upon a dismissal or not guilty finding. But you are eligible to apply for limited driving privileges.

    Sounds like your lawyer did a fine job for you; be glad that all you have is an ALS, and not a conviction for DUI 2nd offense.


  4. I agree with the above attorneys' advice

    the information provided above is for information purposes only and you should consult an attorney for specific answers to your case

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