If you are charged with DUI you might also be suspended even before you will got to court. This is an administrative license suspension or ALS.
The police officer fills out the BMV 2255, the yellow full size paper you were given with along with the ticket. It says Bureau of Motor Vehicles, Report of Law Enforcement Officer, and Administrative License Suspension at the top.
This is an affidavit that the police use to swear that they had reasonable ground to arrest you for DUI, that they read you the advice on the back, and that you were asked to take a chemical test by blood, breath, or urine and the results were a test over the legal limit or a refusal of the test.
You cannot demand one test over the other. The police can ask for more than one type of test. You do have the right to have your own independent test done at your own expense upon release.
A suspension on a first offense test over is 90 days. You can ask for privileges to drive after 15 days.
A suspension on a first offense for a test refusal on a DUI is 1 year. You can request privileges after 30 days for work, school, vocational, and medical needs.
And remember, if you or a family member has been arrested for DUI in the Akron Area – including: Stark, Portage, and Summit Counties – call our office at 330-564-1126. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!