Understanding Ohio’s Administrative License Suspension (ALS) for OVI Charges

What is an Administrative License Suspension (ALS)?

If you have been arrested for Operating a Vehicle under the Influence (OVI) in Ohio, you may face an immediate suspension of your driving privileges through an Administrative License Suspension (ALS). This type of suspension is triggered when you either have a Blood Alcohol Content (BAC) that exceeds the legal limit or if you refuse to take a chemical substance test (like a breath, blood, or urine test) requested by a police officer.

Following an OVI arrest, it is common for your driving rights to be revoked on the spot. The officer will typically provide you with the necessary paperwork, specifically the ALS BMV Form 2255, and may confiscate your physical driver’s license at that time. If you are facing this situation, it is important to understand your rights and the next steps. Consulting with a New Castle criminal lawyer can provide clarity during this stressful period.

Legal Support for Administrative License Suspensions

After an OVI arrest in Ohio, your driver’s license was likely placed under an administrative suspension. In these circumstances, seeking legal guidance promptly is essential. Allow our team to serve as your dedicated advocate during these challenging times. With extensive experience handling OVI allegations and ALS cases, our team is well-prepared to guide you through the complexities of the legal system. We are committed to building a strong defense strategy for you, starting with a free initial consultation. Our legal services extend to individuals across the greater New Castle area and its surrounding communities. A skilled New Castle DUI lawyer can make a significant difference in the outcome of your case.

How to Challenge an Administrative License Suspension

Ohio law defines an ALS as a suspension imposed by the Bureau of Motor Vehicles (BMV) on individuals who either refuse a chemical test or have a BAC at or above the limits established in R.C. §4511.19.

Losing your license can significantly disrupt your personal and professional life. Fortunately, Ohio law allows you to appeal this suspension. An appeal can be filed at your initial court appearance for the OVI charge or within 30 days of that appearance. Several factors can form the basis of your appeal:

• The arrest was not justified or was conducted unreasonably.
• The officer did not properly request that you take a chemical OVI test.
• You were not informed of the penalties for refusing or failing a chemical OVI test.
• You did not actually refuse or fail a chemical OVI test.

Our legal team will thoroughly examine every detail that could support your appeal, including questioning the arresting officer during a hearing. Our primary goal is to have your license suspension overturned. The expertise of a New Castle criminal lawyer is invaluable when navigating these legal arguments.

The Ohio legislature has outlined specific reasons for a Coshocton County judge to set aside an ALS, including:

• The OVI arrest lacked reasonable or credible grounds.
• The mandatory implied consent notices under Ohio law were not properly given.
• There were legitimate reasons for being unable to complete the chemical test, such as medical conditions like diminished lung capacity.
• The BAC reading was below the legal limit for penalties.

Our Youngstown Criminal Law Group will file an ALS appeal at your arraignment or shortly thereafter. We scrutinize the BMV Form 2255 for any defects, such as incorrect box checks, inaccurate officer attestations, improper notarization, or unauthorized changes made to the form before it was submitted to the court. A qualified New Castle DUI lawyer can identify these technical errors. Any flaws in the form’s completion could persuade a New Castle judge to terminate your license suspension. Our mission is to restore your driving record and protect your freedom to travel on Ohio’s roads.

Understanding Administrative License Suspension After a DUI in Ohio

When arrested for a DUI in Ohio, the immediate concern for many is the Administrative License Suspension (ALS). This process begins with the arresting officer and involves significant paperwork aimed at suspending your driving privileges.

If this is your first offense and you refuse a chemical test, Ohio Revised Code (RC) 4511.191(B)(2) states that the suspension ends if you plead guilty or no contest and are convicted. Any time your license is suspended under the ALS will be credited toward any subsequent court-ordered suspension. However, as noted in RC 4511.191(D)(1), an acquittal does not automatically lift the suspension. Additionally, RC 4510.13(A)(3) specifies that individuals with three or more test refusals in the last six years are not eligible for driving privileges if they refuse again. Engaging a New Castle criminal lawyer can help clarify these nuances.

By driving a vehicle, you give implied consent to undergo chemical testing (blood, breath, or urine) if arrested on suspicion of violating sections 4511.19(A) or (B). According to RC 4511.191(A)(2) and (A)(3), these tests are performed at the request of a law enforcement officer who has reasonable grounds for the arrest. A New Castle DUI lawyer can challenge whether these grounds were met.

What Refusal of an Administrative License Suspension Entails

The consequences of an ALS in Ohio depend on two main factors:

• Did you refuse a chemical test, or did you fail one?
• What is your prior record of refusals or offenses within the last six years?

Ohio law, specifically RC 4511.191(b), sets the following suspension durations for refusal:

• First Refusal: One-year Class C suspension, with driving privileges possible after 30 days.
• Second Refusal: Two-year Class B suspension, with driving privileges possible after 90 days.
• Third Refusal: Three-year Class A suspension, with driving privileges considered after one year.
• Fourth or More: Five-year suspension, with a three-year wait for driving privileges.

The suspension length for a failed chemical test also varies:

• No prior offenses: 90-day suspension.
• One prior offense: One-year suspension.
• Two prior offenses: Two-year suspension.
• Three prior offenses: Three-year suspension.

Understanding these timelines is critical, and a New Castle criminal lawyer can provide guidance.

Regaining Your Driving Privileges After a DUI Charge

After the appeal process, the next step is license reinstatement. Before the Ohio BMV will reinstate your license, you must meet certain requirements. This includes paying a $475 reinstatement fee and providing proof of insurance. If the court ordered your vehicle to be immobilized, there is an additional $100 fee. Failure to pay this fee could result in the loss of your vehicle. If the court orders forfeiture, you will be prohibited from registering a new vehicle in your name for five years. A New Castle DUI lawyer can help you navigate this complex process. The consequences of a DUI arrest are multifaceted, and understanding the details of ALS is vital to protecting your driving rights.

Additional Resources

Understanding Administrative License Suspension (ALS)

For more information on driver’s license suspensions and reinstatement, visit the ODPS Ohio Bureau of Motor Vehicles website. Review Ohio Revised Code (ORC) Section 4511.191 for details on chemical test refusals, including suspension duration, limited driving privileges under ORC Section 4510.021, and reinstatement requirements in ORC Section 4511.191 (F)(2). A New Castle criminal lawyer can help interpret these statutes.

What Does an Administrative License Suspension Entail?

The Ohio State Bar Association’s “Law You Can Use” series provides articles explaining ALS, a pre-trial license suspension for those accused of Operating a Vehicle Impaired (OVI) that does not require initial court involvement. A New Castle DUI lawyer can offer further clarification.

COVID-19 Adaptations for ALS Hearings at Ohio BMV

For the latest updates on administrative hearings at the Ohio BMV during the COVID-19 pandemic, visit their official site. You can find information on participating in virtual hearings via Microsoft Teams and learn about new protocols for requesting an ALS hearing. This is a topic a New Castle criminal lawyer can advise on.

New Castle’s ALS Legal Guidance

If you have been arrested for OVI, protect your driving rights by consulting with a New Castle DUI lawyer. Whether you took a breathalyzer and tested over .08 or refused chemical testing, we can address your concerns about Administrative License Suspensions. Our legal advisors are prepared to develop an effective strategy for your case. Contact us today to defend your rights with an expert criminal lawyer. Call us at (330) 992-3036 now for free consultation.