Warren, MI asked in DUI / DWI and Traffic Tickets for Ohio

Q: I refused breathalyzer and got hit with one year als for refusal. Is it possible to reduce it to 6 months?

Related Topics:
1 Lawyer Answer
Daniel Frank Gigiano Esq
Daniel Frank Gigiano Esq
Answered
  • Criminal Law Lawyer
  • Wadsworth, OH
  • Licensed in Ohio

A: The ALS is for one year. However, once one pleas guilty or no contest to or is found guilty of DUI/OVI, the judge cancels the ALS suspension and can impose as little as six months license suspension. The judge could impose more than one year, too. My experience is that many judges simply impose a six month license suspension.

I noticed that you are from Michigan. These suspensions apply to people with Ohio driver's licenses. Out of state driver's licenses can wind up being subject to the license sanctions in Ohio plus their own state. Because the licensing schemes may not match up well, these sanctions can wind up being quite extreme. In some states, an Ohio OVI conviction can result in a complete revocation of one's driver's license.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.