Arthur W. Harmon Jr.

• If you are stopped for drunk driving and you refuse to take the sobriety test, or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the officer can take your driver’s license on the spot, and the suspension begins immediately.
• Depending on previous offenses or refusals, you can have your license automatically suspended for a period of 90 days to five years.
• The administrative suspension is independent of any jail term, fine or other criminal penalty imposed in court for a DUI offense.

Probationary License Suspension DUI (PD)

The PD will be triggered by a conviction record with an offense date greater than12/31/98, the driver is under the age of 18 at the time of the offense, with a BAC of .08% or above.

Length of Suspension: Six months.

Limited Driving Privileges: There is no provision in the law for driving privileges on this suspension.

You Have the Right to an Administrative Hearing: You are entitled to an Administrative Hearing on this matter;

Your request for a hearing must be made to this Bureau within thirty (30) days of the mailing date of the notice;

After the request is made, you will be notified of the time and place of the hearing. You may appear in person, or you may be represented by an Attorney;

The scope of the hearing is to present evidence and examine witnesses that can show cause why your driving privileges should not be suspended;

After the Administrative Hearing, the Hearing Office will send a recommendation to the BMV. You will be notified by mail.

Conditions for return of full driving privileges:

Serve six month suspension;

Successful completion of Juvenile Driver Improvement Course, approved by the registrar of the Bureau of Motor Vehicles;

Payment of $30 reinstatement fee;

Successful completion of driver license examination.

1st Offense:

• Administrative License Suspension (ALS) for a prohibited BAC;
• ALS for test refusal = one year license suspension;
• Jail - Minimum of three consecutive days or 3-day driver intervention program;
• Fine - Minimum $200 and not more than $1,000;
• Court License Suspension - 6 months to 3 years.

2nd Offense:

• ALS for one year for a prohibited BAC;
• ALS for test refusal = two year license suspension;
• Jail - Minimum of 10 consecutive days or five days jail + minimum 18 consecutive days of electronically monitored house arrest combined, not to exceed 6 months;
• Fine - Minimum $300 and not more than $1,500;
• Discretionary driver’s intervention program;
• Vehicle immobilization and plates impounded for 90 days;
• Court License Suspension - 1 year to 5 years.

3rd Offense:

• ALS for two years for a prohibited BAC;
• ALS for test refusal = three year license suspension;
• Jail - Minimum 30 consecutive days to one year;
• Alternative sentence - 15 days or Jail + minimum 55 consecutive days of electronically monitored house arrest combined, maximum of one year;
• Fine - Minimum $500 and not more than $2,500;
• Mandatory attendance in an alcohol treatment program paid for by offender;
• Vehicle immobilization and plates impounded for 180 days;
• Court License Suspension - 1 year to 10 years.

4th or More Offense or Motor Vehicle Related Felony:

• ALS for three years for a prohibited BAC;
• ALS for test refusal = five years license suspension;
• Jail - Minimum of 60 consecutive days and up to one year in jail;
• Fine - Minimum $750 and not more than $10,000;
• Mandatory drug/alcohol treatment program paid for by offender;
• Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle operated by offender, imposed by court;
• Court License Suspension - 3 years to Permanent Revocation.

APPEAL PROCESS FOR ADMINISTRATIVE LICENSE SUSPENSION (ALS)

• IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:
  I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message with my secretary or on my voicemail. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (513) 241-1991 or email at justinharm@aol.com