Interviewer: So as soon as you’re arrested, you have 15 days at most to apply for occupational driving privileges. How long will your license remain suspended if you do not apply within that time period?
Dale: That depends on several factors. In this instance, we’re assuming that this is a first time offense. We also assume that you have taken a blood alcohol level test and the results were over the legal limit. That suspension from the state of Ohio is 90 days. However, once you appear in court and are convicted, the court suspension is six months, minimum.
But you are eligible for credit for the time your license was under the administrative license suspension. So it’s up to the attorney to bring it to the court’s attention that 180 days or 6 months runs from the date of the arrest, not from the date you may appear in court.
Interviewer: If this is not bought to the court’s attention, the sentence might begin starting from the date of your conviction?
Dale: That time frame is possible. They might order a 180-day suspension from the date you are convicted, not from the date you were initially charged. That order is then sent to the Ohio Bureau of Motor Vehicles and is issued to take effect for 180 days from the date of conviction.
By Dale Naticchia