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. Your Ohio driver's license will be seized when the form is served.
Cincinnati Attorneys for the ALS 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.
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 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.
Administrative License Suspensions for Refusal under RC 4511.191(B)
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.
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.
Finding an Attorney for an OVI ALS in Cincinnati, OH
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.
This article was last updated on Thursday, November 19, 2015.