Second Offense Driving : Suhre & Associates


Written by Rob Healey on December 13, 2013 in OVI Suspension

When you are arrested for DUI in Dayton Ohio and test over the limit or refuse you should be suspended by the BMV.  The officer will give you a copy of the BMV 2255 which puts you on notice of that.

You will have to wait 90 days if you refuse and 45 days if you test over the limit before the court will be able to give you privileges to drive.  Most courts will give you a chance to resolve the case prior to both these dates.

If you have a conviction for OVI in Dayton and have a prior offense in the last 6 years you have to get restricted plates and a breathalyzer in your car to drive.  If you have a prior just outside of 6 years things get more complicated if your case drags on beyond 90 days.

For instance, say you test over the limit on a first offense in the last 6 years.  You only have to wait 15 days to ask the court for the privileges to drive again.

The suspension only lasts 90 days.  If you case last beyond 90 days, you will have to reinstate your license.

This will allow you to drive unrestricted until the disposition.  If the case results in conviction of OVI driving can get tricky.

You will have reinstated your license.  You will have likely made the choice to drive to court.

If the judge suspends you for say a year with ignition interlock, you get credit for any time served on the pretrial BMV suspension.  Most judges will just date the suspension back to the ticket date sometimes resulting in unearned credit to your advantage.

The problem is that you are now suspended and your privileges are not valid until you get the device on your car.  This requires you to get a ride home and get someone to drive your car to get the breathalyzer device installed in your car.

At sentencing in this situation it is best to get a ride to court.  That way you do not have to tempt yourself to drive your car when you are suspended and in violation of the order to drive since you do not have the breathalyzer device installed yet.

 

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