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

If you are stopped and arrested for Operating a Vehicle under the Influence (OVI) in Ohio, your driving privileges could be suspended immediately through an Administrative License Suspension (ALS). This usually happens if you refuse a chemical test (like breath, blood, or urine) or if your test results show a Blood Alcohol Content (BAC) over the legal limit.

During the arrest, the officer can take your driver’s license on the spot. You will likely receive a document called the ALS BMV Form 2255, which explains the suspension. Losing your license immediately can be stressful and disruptive, but understanding the process is the first step in handling the situation.

Legal Support for Administrative License Suspensions in Ohio’s Urban Gardens – Youngstown Criminal Law Group

If your license has been suspended after an OVI arrest, it is vital to get legal help right away. A Youngstown DUI attorney can guide you through the complex legal steps to challenge the suspension.

The team at Youngstown Criminal Law Group has years of experience handling ALS cases and fighting OVI charges. We are ready to build a strong defense for you. Call us at 412.387.6901 for a free consultation. Our services cover the greater Youngstown area, including Anderson, Miami, Springfield, Sycamore, and surrounding communities.

How to Challenge an Administrative License Suspension

In Ohio, an ALS is a suspension imposed by the Bureau of Motor Vehicles (BMV) when a driver refuses a chemical test or fails one by testing over the limit set by R.C. §4511.19. Losing your license affects your work, family, and daily life, but you have the right to appeal.

You can file an appeal at your first court appearance for the OVI charge or within 30 days of that date. A Youngstown criminal lawyer can help you identify grounds for an appeal, such as:

• The arrest was unreasonable or lacked proper cause.
• The officer did not ask you to take a chemical OVI test.
• You were not informed of the penalties for refusing or failing the test.
• You did not actually refuse or fail the test.

At Youngstown Criminal Law Group, Youngstown criminal lawyers examine every detail to find flaws in the process. Whether it is during an appeal or a hearing with the arresting officer, our goal is to get your suspension overturned.

Ohio law lists specific reasons a Mahoning County judge can dismiss an ALS:

• Lack of reasonable grounds for the OVI arrest.
• Failure to properly provide the mandatory implied consent notices.
• A valid reason for not completing the test, such as a medical issue like reduced lung capacity.
• BAC test results that were actually below the legal limit.

Youngstown DUI attorneys can file an appeal at your arraignment or shortly after. We look for errors on the BMV Form 2255, such as missing checkboxes, incorrect officer attestations, improper notarization, or changes made to the form after it was given to you. Identifying these mistakes can be the key to restoring your driving privileges.

Understanding Administrative License Suspension After a DUI in Ohio

When someone is arrested for a DUI in Ohio, the ALS process begins almost immediately. The arresting officer fills out paperwork to suspend your license before you even go to court.

If this is your first offense and you refuse the test, Ohio Revised Code (RC) 4511.191(B)(2) states that the suspension ends if you plead guilty or no contest and are convicted. The time you spent suspended will count toward any court-ordered suspension. However, simply being acquitted (found not guilty) does not automatically lift the suspension, according to RC 4511.191(D)(1).

It is also important to know that if you have refused three or more tests in the past six years, RC 4510.13(A)(3) says you will not be eligible for driving privileges if you refuse again. A qualified Youngstown DUI attorney can explain how these rules apply to your specific history.

By driving on Ohio roads, you give “implied consent” to chemical testing if arrested for OVI. This means you have already agreed to take a blood, breath, or urine test if an officer has reasonable grounds to believe you are impaired.

What Refusal to Accept an Administrative License Suspension Entails

Your ALS depends on two main factors: whether you refused or failed the test, and your history of offenses in the last six years.

Under RC 4511.191(b), the suspension periods for refusing a test are:

• First Refusal: 1-year Class C suspension (driving privileges possible after 30 days).
• Second Refusal: 2-year Class B suspension (driving privileges possible after 90 days).
• Third Refusal: 3-year Class A suspension (driving privileges possible after 1 year).
• Fourth or More: 5-year suspension (driving privileges possible after 3 years).

If you took the test and failed, the suspension lengths are different:

• No prior offenses: 90-day suspension.
• One prior offense: 1-year suspension.
• Two prior offenses: 2-year suspension.
• Three prior offenses: 3-year suspension.

Regaining Your Driving Privileges After a DUI Charge

Getting your license back involves more than just waiting out the suspension. You must pay a $475 reinstatement fee and provide proof of insurance to the Ohio BMV.

If the court ordered your vehicle to be immobilized, there is an extra $100 fee. Failing to pay this can lead to losing your car entirely. If the court orders forfeiture, you cannot register a new vehicle in your name for five years. Navigating these penalties is difficult, which is why having a Youngstown criminal lawyer on your side is essential for protecting your rights and getting back on the road.

Additional Resources

Understanding Administrative License Suspension (ALS)

For detailed information on suspensions and reinstatement, visit the ODPS Ohio Bureau of Motor Vehicles website. Review Ohio Revised Code (ORC) Section 4511.191 to understand the consequences of test refusal or failure, including:

• Length of suspension.
• Limited driving privileges under ORC Section 4510.021.
• Reinstatement requirements in ORC Section 4511.191 (F)(2).
• Termination of suspension under ORC Section 4511.191 after a guilty or no-contest plea.

What Does an Administrative License Suspension Entail?

The Ohio State Bar Association offers helpful articles in their “Law You Can Use” series. These resources explain ALS procedures, clarifying that this pre-trial suspension applies to OVI accusations without initial court involvement. A knowledgeable Youngstown DUI attorney can help you interpret these resources and apply them to your defense.

COVID-19 Adaptations for ALS Hearings at Ohio BMV

The Ohio BMV has updated its hearing procedures due to COVID-19. Visit their official site to:

• Download Microsoft Teams for virtual hearings.
• Troubleshoot technical issues.
• Learn about current protocols for requesting an ALS hearing.

Youngstown’s ALS Legal Guidance

If you are facing OVI charges, protect your ability to drive by contacting Youngstown Criminal Law Group. Whether your breathalyzer result was over .08 or you refused testing, we can help handle your Administrative License Suspension. Our Youngstown criminal lawyer is ready to build a strategy for your case. Call us at 412.387.6901 today.