December 24, 2010 | Administrative License Suspension, DUI Penalties, DUI Sentencing, OVI Suspension
My name is Robert Healey and I am a lawyer that limits his practice to OVI defense in southwest Ohio. Currently I manage the DUI office in Dayton, Ohio, where I attended law school. This blog is written by me to help potential clients in the Dayton area that have been charged with an OVI.
A DUI suspension is between six months and three years on a first offense. This is determined by the judge’s discretion.
The best way to determine the probable length of your suspension is to ask a lawyer that is familiar with your judge. One common factor is the severity of the reason you were pulled over.
For instance, an auto accident where someone is hurt or property is damaged will likely cause a higher suspension. Compare that to a person that is pulled over for a license plate light out, which will likely result in the minimum suspension time.
Another factor is your behavior with the officer. Refusing to pull over, causing a police chase, or getting tazed for resisting arrest will likely increase the length of your suspension time. Compare that to pulling over properly, and being polite and cooperative which will encourage a lower suspension time.
An important factor in determining suspension time is the number of prior DUI charges, convictions, reductions, and overall driving history. The better your record and the longer the time since your last traffic offense will be mitigating factors in determining suspension time on your DUI or OVI.
How you did with the pretrial suspension is a factor. The length of time since your offense is important. The longer the time served under a pretrial suspension can determine the length of a suspension upon conviction for DUI or OVI.
By law you get credit for pretrial suspension time served. If you had no violations of your limited driving privileges it will encourage the judge to give you a lower suspension.
The best way to determine the possible outcome of your DUI suspension is to consult a lawyer that limits his practice to DUI or OVI defense. It is also helpful to hire a lawyer that has practiced in front of the judge and prosecutor on your case.
Lastly, it does not matter what you are charged with as much as what the prosecutor is able to prove at trial. This is the single most important factor in your case.
To learn more, call our Dayton Criminal Defense law firm at (937) 531-0435 or visit our contact us page to send us an email.
