Your Right to Contest an Administrative License Suspension in Ohio

Having your driver’s license suspended due to an Administrative License Suspension (ALS) in Ohio can be a major disruption to your life. It’s crucial to know that you have the right to fight this suspension. Importantly, even if you are later found not guilty of the criminal charges related to the incident, the ALS will remain in effect unless you challenge it separately from your criminal case.

According to Ohio Revised Code (ORC) Section 4511.197, you can file an appeal against your ALS. This must be done either during your very first court appearance or within thirty days of that date.

Limits on Challenging an ALS After an OVI Charge in Ohio

If you are thinking about appealing an ALS that was issued along with an Operating a Vehicle Impaired (OVI) charge, you need to understand the specific laws in Ohio. Specifically, Ohio R.C. 4511.197(C)(1)-(4) limits the scope of your appeal to four main questions:

• Refusal: If the suspension was because you refused a test, did you actually refuse after the officer read you the implied consent warnings?
• Failed Test: If the suspension was because of a failed test, was there a valid test result showing a prohibited level of alcohol or drugs?
• Reasonable Suspicion: Did the officer have a valid reason to stop you or suspect you of OVI, which led to your arrest?
• Proper Procedure: Did the officer ask you to take the test and clearly explain the consequences of taking or refusing it?

The skilled defense team at Youngstown Criminal Law Group in Mahoning County can evaluate your case to see if any of these points can help your appeal. If the evidence against you is weak, a Youngstown DUI attorney from our group is ready to request a hearing to fight for the reinstatement of your license.

Scrutinizing the BMV Form 2255

Another strategy our attorneys often use involves the BMV Form 2255. This form must be filled out correctly and handled properly by the police. We carefully review this document for any signs that there wasn’t enough reason for your arrest. We also check to make sure the officer marked the correct boxes, such as “Administrative License Suspension,” and that their sworn statements are accurate.

If we find errors or evidence that the BMV Form 2255 was altered after it was given to you, we may be able to build a strong argument to convince a judge to throw out your license suspension. This is just one way a Youngstown criminal lawyer can protect your rights.

How to Overturn an Improper ALS

If you believe your ALS was issued incorrectly and want to reverse it, the legal path is to file an appeal. As stated in R.C. 4511.197, this appeal must be filed at your initial court appearance for the OVI charge or within thirty days after that appearance.

Additionally, if you need limited driving privileges for work or school under R.C. 4511.197(E), you must file a petition no later than thirty days after your arrest or arraignment.

Timing is critical for these appeals. If you miss the deadline, the court loses the authority to hear your case. Therefore, to fight what you believe is an unfair suspension, you must act quickly and file your appeal on time with the help of a Youngstown DUI attorney.

Additional Resources

Ohio’s Rules on Test Refusal

Do you need more details on how Ohio handles driver’s license suspensions and reinstatement? The ODPS Ohio Bureau of Motor Vehicles offers comprehensive information on ALS procedures following an OVI arrest. This includes explanations of implied consent laws and what happens if you refuse a chemical test. You can find answers to frequently asked questions about ALS in Mahoning County and across the state.

Hire a Youngstown Attorney to Fight Your ALS

Facing an OVI charge, often called a DUI or drunk driving, in Youngstown can be overwhelming. Getting legal help is essential. The team at Youngstown Criminal Law Group is here to offer a free consultation to discuss how we can fight the administrative license suspension you are facing. Our committed Youngstown criminal lawyer team represents people accused of OVI throughout the greater Youngstown area.

To understand your legal options and build a strong defense against OVI charges, contact us to speak with an attorney who focuses on these types of cases.

We invite you to reach out to us to review your situation with a Youngstown DUI attorney who has extensive experience in OVI defense.

Core Services We Offer:

• Free Initial Consultation: Have an honest conversation about how to reverse your ALS.
• Representation Across Youngstown: We advocate for clients throughout the entire Youngstown area and Mahoning County.
• OVI-Focused Defense: Our legal professionals specialize in fighting OVI allegations.

Don’t delay in building your defense. Contact Youngstown criminal lawyer or call 412.387.6901 today to plan your legal strategy with an expert in criminal defense, specifically for OVI offenses.