ALS - Administrative License Suspension
Your Youngstown OVI lawyer will tell you that when a driver in Ohio is arrested for OVI, most of the time, his or her driver’s license is suspended by the Bureau of Motor Vehicles. This administrative suspension is called an ALS. A driver receives an ALS when his or her blood alcohol content (BAC) is above the legal limit or when he or she has refused to submit to chemical testing (i.e. blood, breath, or urine testing).
When this occurs, the driver is notified via the BMV Form 2255 that must be read to him or her by the officer performing the arrest. The officer will keep the driver’s license.
The Ohio Revised Code allows an ALS suspension in Section 4511.19. The code gives a definition of the term and lays out the conditions for an ALS suspension to be handed down.
Just because you receive this suspension does not mean you have lost your license forever, or even for a set period of time. A knowledgeable Youngstown OVI lawyer like Sean Logue will analyze the results and ask you questions about your arrest using your answers to show the judge in the ALS hearing that the suspension should be terminated. And, we will ask him to do just that.
The law in Ohio lists certain reasons a judge can set an ALS aside. Some of those are:
- There was no probable cause for the driver to be arrested for OVI, or there were no reasonable grounds for the arrest;
- The driver submitted to chemical testing and the results show he or she was within legal limits;
- The driver didn’t refuse to submit to the test but instead had a medical problem that made the test more difficult, such as asthma or another lung issue that leads to a lower volume of breath; or
- The driver was not properly informed by the officer who arrested him or her of the law regarding implied consent.
Your Youngstown OVI lawyer will file your appeal of an ALS either at your arraignment or within a day or two after it. He will use one or more of the following arguments to convince the judge to set aside the suspension:
- The officer made mistakes when completing the Form 2255;
- The box on Form 2255 labeled “Was placed under an Administrative License Suspension” was not checked;
- The officer did not correctly attest to/swear to the statements listed on the Form 2255;
- The BMV did not receive a notarized copy of the Form 2255, or the notarization was not properly completed;
- The Form 2255 was improperly executed in any other manner; or
- The Form 2255 was changed or altered between the time it was given to you and the time the clerk filed it with the court.
In the case of an improperly completed Form 2255, the judge may be persuaded to reinstate your license.ALS Requirements
Upon completion of the arrest of a driver for OVI, the officer conducting the arrest has paperwork he must complete to trigger the suspension of the person’s license.
For a first-time refusal to submit to chemical testing, the Ohio Revised Code, Section 5411.191(B)(2) allows for an ALS to be lifted once the offender pleads no contest or guilty, and time served is credited to the offender and against the suspension. But, per Section 4511.191(D) of the Ohio Revised Code, being found not guilty after a trial doesn’t affect an ALS suspension.
A driver who has refused to submit to chemical testing three or more times in the preceding six years will not get his ALS rescinded. This is laid out in the Revised Code, Section 4510.13(A)(3).
Section 4511.191(A)(2) addresses implied consent, stating that anyone who drives a vehicle is considered to have given consent to chemical testing, upon request of law enforcement, of his or her urine, breath, or any part of their blood. The officer must have grounds – a reasonable suspicion – that the driver was operating his or her vehicle while intoxicated.Length of ALS Due to Refusal to Submit to Testing
When a person’s license is administratively suspended, two things are considered when determining the length of the suspension. One of those things is if the driver failed or refused to take a chemical test. The other is the number of previous times he or she has refused in the last 6 years.
The Ohio Revised Code Section 4511.191(b) has set the following suspension lengths for those who have refused to submit to chemical testing:
- Suspension, Class C, for one year, with driving privileges after 30 days the first time a person refuses to submit within 6 years.
- Suspension, Class B, for two years, with driving privileges after 90 days the second time a person refuses to be tested within 6 years.
- Suspension, Class A, for three years, with driving privileges after a year the third time a person refuses to allow chemical testing within 6 years.
- Suspension for five years with driving privileges after three years for the fourth time the person refuses testing within a 6 year period, and for subsequent refusals. Driving privileges after three years.
If a person submits to chemical testing and fails, the following suspension lengths are applied:
- 90 days of suspension for a first-time offense
- Suspension of one year for a second offense
- Suspension of two years for a third offense
- Suspension of three years for a fourth offense
If your license has been administratively suspended, all hope is not lost. Call Sean Logue at 1-844-PITT-DUI.