Administrative License Suspension in St. Clairsville
Your St. Clairsville OVI lawyer will inform you that when a driver in Ohio gets arrested for OVI, their driver’s license is usually suspended by the Bureau of Motor Vehicles. This suspension, known as an ALS, occurs when the driver’s blood alcohol content (BAC) is above the legal limit or when the driver refuses to undergo chemical testing (such as blood, breath, or urine testing).
Upon arrest, the driver is notified of the suspension via the BMV Form 2255, which is read to them by the arresting officer. The officer retains the driver’s license.
The ALS suspension is authorized by Section 4511.19 of the Ohio Revised Code, which defines the term and outlines the conditions for its imposition.
However, receiving this suspension does not automatically mean a permanent loss of the license or even a definite suspension period. An informed St. Clairsville OVI lawyer Sean Logue will examine the evidence and ask you specific questions about your arrest, using your answers to demonstrate to the judge during the ALS hearing that the suspension should be lifted. We will request just that.
Under Ohio law, there are specific grounds on which a judge can overturn an ALS suspension. Some of these reasons include:
- Lack of probable cause for the driver’s OVI arrest or absence of reasonable grounds for the arrest
- Chemical testing results indicating the driver’s BAC was within legal limits
- Consideration of a medical condition that could have affected the driver’s ability to undergo testing, such as asthma or another lung ailment leading to reduced breath volume
- Failure of the arresting officer to properly inform the driver about the law pertaining to implied consent.
By presenting a strong case based on these factors, we aim to enhance your chances of having the ALS suspension terminated.
Your St. Clairsville criminal lawyer will promptly file an appeal on your behalf for an Administrative License Suspension (ALS) either at your arraignment or within a day or two following it. To effectively challenge the suspension, your lawyer will present compelling arguments to the judge, which may include:
- Demonstrating mistakes made by the officer when completing the Form 2255.
- Pointing out a failure to check the “Was placed under an Administrative License Suspension” box on Form 2255.
- Highlighting inaccuracies or improper attestation/swearing to the statements on the Form 2255.
- Raising concerns about the BMV not receiving a properly notarized copy of the Form 2255 or incomplete notarization.
- Identifying any other irregularities or improprieties in the execution of the Form 2255.
- Noting any changes or alterations made to the Form 2255 between the time it was given to you and when it was filed with the court clerk.
If a Form 2255 was improperly completed, the judge may be persuaded to reinstate your license. This comprehensive approach is aimed at securing a positive outcome in your case.
After arresting a driver for OVI (Operating a Vehicle Impaired), the officer responsible must complete necessary paperwork to initiate the suspension of the driver’s license.
In the case of a first-time refusal to undergo chemical testing, according to Section 5411.191(B)(2) of the Ohio Revised Code, an Administrative License Suspension (ALS) can be lifted if the offender pleads no contest or guilty, with credit given for time served. However, as per Section 4511.191(D) of the Ohio Revised Code, being found not guilty following a trial does not impact an ALS suspension.
If a driver has refused chemical testing three or more times within the last six years, their ALS will not be rescinded. This is outlined in Section 4510.13(A)(3) of the Revised Code.
Section 4511.191(A)(2) addresses implied consent, affirming that anyone who operates a vehicle is considered to have given their consent to chemical testing (urine, breath, or blood) upon request by law enforcement. The officer must have reasonable grounds to suspect that the driver was operating the vehicle while under the influence.
Length of ALS Due to Refusal to Submit to Testing
When a person’s license is administratively suspended, there are two factors taken into account to determine the duration of the suspension. One factor is whether the driver failed or refused to undergo a chemical test, while the other factor is the number of previous refusals within the past 6 years.
According to the Ohio Revised Code Section 4511.191(b), the following suspension lengths apply to individuals who refuse to submit to chemical testing:
- Class C suspension for one year, with driving privileges reinstated after 30 days for the first refusal within 6 years.
- Class B suspension for two years, with driving privileges restored after 90 days for the second refusal within 6 years.
- Class A suspension for three years, with driving privileges reinstated after a year for the third refusal within 6 years.
- Suspension for five years, with driving privileges restored after three years for the fourth and subsequent refusals within a 6-year period.
In cases where a person undergoes chemical testing and fails, the following suspension lengths apply:
- 90 days of suspension for a first-time offense.
- One-year suspension for a second offense.
- Two-year suspension for a third offense.
- Three-year suspension for a fourth offense.
If your license has been administratively suspended, don’t lose hope. Contact Sean Logue at (330) 992-3036 for assistance.
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