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?

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Daniel Frank Gigiano
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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.

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