Ohio’s Administrative License Suspension ALS
If you are arrested for an OVI in Ohio, your license may have been suspended administratively. The administrative suspension occurs when you have a BAC over the legal limit or you refused to take a chemical test of your breath, blood or urine.
If one of those circumstances is alleged, then your Ohio driver’s license will most likely be suspended on an administrative basis immediately after the arrest. This is called the “administrative license suspension” (“ALS”). Your notice of the suspension is provided in the ALS BMV Form 2255 which is usually served on you by the arresting officer. The officer will typically seize your Ohio driver’s license when the form is served.
Administrative License Suspensions | OWI Attorney in Cincinnati, OH
Have you recently been arrested and charged with OVI in the state of Ohio? Then it’s likely your license has already been automatically put under an administrative suspension. If that’s the case, it’s within your best interest to gain legal counsel as soon as possible. Find that representation today by calling the experienced attorneys at Joslyn Law Firm.
At Joslyn Law Firm, we have been defending Ohio citizens from OVI accusations collectively for decades. Our attorneys have faced every challenge an OVI trial can offer, including administrative license suspensions. Let us not just represent you but guide you through this legal process so you are confident about your defense when you enter that courtroom. Set up your first consultation with the attorneys at Joslyn Law Firm free by calling this number (513) 399-6289.
Joslyn Law Firm fights to get criminal charges reduced or dismissed for clients in the greater Cincinnati area, including Anderson, Colerain, Delhi, Green, Harrison, Miami, Springfield, Symmes, Sycamore, and several other locations.
- Appealing an Administrative License Suspension in Ohio
- Ohio Requirements for Administrative License Suspensions
- What Does Administrative License Suspension Refusal Mean in Ohio?
- How to Get License Reinstated After DUI in Ohio?
- Additional Resources
Appealing an Administrative License Suspension
Under Ohio law, the “ALS suspension” is defined as a suspension imposed by the Ohio BMV for an offender who either refuses a chemical test or who submits to a chemical test and the results indicate a concentration at or above the per se levels prescribed in R.C. §4511.19.
A license suspension can be an incredible burden to both you and your family. Thankfully, the state of Ohio allows people who have had their license administratively suspended to appeal it at their initial appearance for the underlying OVI charge or within 30 days after the initial appearance of the OVI charge. An ALS appeal can be made for a variety of reasons including:
- If the arrest was unlawful or not reasonable;
- The officer never requested you take a chemical OVI test;
- You were never told of the penalties for refusing a chemical OVI test or if you fail one; and/or
- You never refused or failed a chemical OVI test at all
The OVI Defense Attorneys in Cincinnati, Ohio, at Joslyn Law Firm will help you determine whether problems with the suspension can be shown during an ALS appeal or hearing. During the hearing, the officer will testify. We request the judge terminate your license suspension.
Ohio law sets out for statutory reasons for a judge in Hamilton County, Ohio, to set aside the ALS including:
- the arresting officer did not have probable cause or reasonable grounds to arrest the subject for OVI;
- the arresting officer did not properly inform the suspect of the implied consent provisions of Ohio law;
- the person did not actually refuse the chemical test of the breath, blood or urine often because a medical issue such as a diminished lung capacity made taking the test more difficult; or
- the subject took the test and did not test over the legal limit.
At Joslyn Law Firm, we file the ALS appeal at the arraignment or within a few days after the arraignment. Arguments to set aside the ALS include:
- defects exist related to the completion of the BMV form 2255;
- whether the box was checked for “Was placed under an Administrative License Suspension;”
- whether the officer properly swore to and/or attested to the statements on the form;
- whether the BMV received a properly notarized copy of the 2255;
- the form was not otherwise properly executed;
- alterations or changes made after you were given the BMV Form 2255 but before it was filed with the court.
If there are problems with the way the BMV form is completed, it may be possible to convince the judge in Cincinnati, Ohio, to terminate your license suspension.
Requirements for the Administrative License Suspension in Ohio
After a DUI arrest, the arresting officer will complete paperwork to begin the process to suspend the driver’s license through an ALS.
Under RC 4511.191(B)(2), the suspension in a first-time refusal case terminates upon entry of the guilty or no contest plea resulting in conviction. Additionally, time served is to be credited against judicial suspension in a first-time refusal case in Ohio. Under RC 4511.191(D)(1), however, a subsequent finding of not guilty does not affect the suspension.
No privileges may be granted to an offender with refusal who, within the preceding six years, has had three or more test refusals. RC 4510.13(A)(3).
Pursuant to R.C. 4511.191(A)(2), a person who operates a vehicle is deemed to have given consent “to a chemical test or tests of the person’s whole blood, blood serum or plasma, breath, or urine to determine the alcohol * * * content of the person’s whole blood, blood serum or plasma, breath, or urine if arrested for a violation of division (A) or (B) of section 4511.19 of the Revised Code.”
These tests “shall be administered at the request of a law enforcement officer having reasonable grounds to believe the person was operating * * * a vehicle, * * * in violation of a division, section, or ordinance identified in division (A)(2) of this section.” R.C. 4511.191(A)(3).
Upon receipt of the sworn report of a law enforcement officer who arrested a person for a violation of division (A) or (B) of section 4511.19 of the Revised Code * * * that was completed and sent to the registrar of motor vehicles and a court pursuant to section 4511.192 of the Revised Code in regard to a person who refused to take the designated chemical test, the registrar shall enter into the registrar’s records the fact that the person’s driver’s * * * license * * * was suspended by the arresting officer * * *.R.C. 4511.191(B)(1).1.
What Does Administrative License Suspension Refusal Mean in Ohio?
The length of the Administrative License Suspension imposed depends on two primary factors:
- Did you refuse chemical testing or fail the test?
- How many prior refusals or offenses has the person had in the past six (6) years?
Ohio’s RC 4511.191(b) sets out the lengths of suspensions in refusal cases as follows:
- For a first refusal within 6 years-
- Class C suspension will occur for one year.
- Driving privileges after 30 days;
- For a second refusal within 6 years-
- Class B suspension will occur for 2 years.
- Driving privileges after 90 days;
- For a third refusal within 6 years –
- Class A suspension will occur for 3 years.
- Driving privileges after one year; and
- For a fourth or subsequent within 6 years –
- A five-year suspension will occur.
- Driving privileges after three years.
The length of the suspension for a failed chemical test is set as follows:
- with no prior offenses, the length of the suspension is 90 days;
- with one prior offense, the length of the suspension is one year;
- with two prior offenses, the length of the suspension is two years; and
- with three prior offenses, the length of the suspension is three years.
How to Get License Reinstated After DUI in Ohio?
If you’re successful with your appeal, then you should be able get your license reinstated. However, you must meet a few requirements before the state will reinstate your license. You will have to pay an reinstatement fee of $475 as well as provide a copy of proof of insurance to the Ohio Bureau of Motor Vehicles (BMV).
If the court immobilized your vehicle, then you’ll be obligated to pay an immobilization fee of $100. Failure to pay this fee may result in the forfeiture of your vehicle altogether. Plus, if the court orders a forfeiture you won’t be allowed to lawfully register another vehicle in your name for five years.
Administrative License Suspension (ALS) – Visit the website of the ODPS Ohio Bureau of Motor Vehicles to learn more about the driver license suspension and reinstatement. Find information on Ohio Revised Code (ORC) Section 4511.191. Learn more about the ALS after a refusal of chemical testing or a positive chemical test including the length of the suspension, limited driving privileges under ORC Section 4510.021, reinstatement requirements in ORC Section 4511.191 (F)(2), and the termination of the suspension in ORC Section 4511.191 after a plea of guilty or no contest.
COVID-19 Restrictions for Administrative Hearings | Ohio BMV – Visit the official website for the Ohio Bureau of Motor Vehicles (BMV) to learn their new modifications to administrative hearings due to the COVID-19 pandemic. Access the site to download Microsoft Teams so you participate in a remote hearing, learn how to fix technical difficulties that may arise, and new requirements to request a hearing due to COVID-19.
Administrative License Suspension Attorneys in Cincinnati, Ohio
If you were arrested for OVI, then contact an experienced drunk driving defense attorney in Cincinnati to discuss ways to protect your driving privileges. What is an Administrative License Suspension? We can help you answer that question whether you took the breath test and blew over .08 or you refused chemical testing. We can help you develop the best strategy to fight the case. Call today.
Call Joslyn Law Firm today to discuss your case. We represent clients after a first OVI arrest, or after a second OVI arrest in Georgetown in Brown County, Cincinnati in Hamilton County, Lebanon in Warren County, Oxford in Butler County, Batavia in Clermont County, Wilmington in Clinton County, and Preble County Indiana.