- Joslyn Law Firm
- What Happens After a DUI Arrest
- DUI Driving Privileges
- Administrative License Suspension
Administrative License Suspension
Ohio is an implied consent state, which means by operating a motor vehicle within state lines you automatically consent to any chemical testing when you are stopped for allegedly operating a vehicle under the influence of alcohol or drugs (OVI). If you are stopped and you refuse driving under the influence (DUI)testing, your license is immediately and automatically suspended as provided under Ohio Revised Code § 4511.191.
Administrative License Suspension (ALS) is a civil penalty independent of any criminal OVI penalties you may face. An experienced Hamilton County DUI defense lawyer may be able to help you achieve a reversal of ALS.
Ohio Lawyer for Administrative License Suspension After DUI
If you've been charged with OVI and have had your license administratively suspended in Central Ohio, you will want to immediately seek legal representation. The Joslyn Law Firm represents clients all over Cincinnati and surrounding areas, including Hamilton, Middletown, Norwood, Lebanon, Oxford, Mason, Butler, and Fairfield.
Cincinnati DUI attorney Brian Joslyn has experience and specialized licensing for blood alcohol content (BAC) testing equipment. He will build a strong case, protect your rights, and fight to exclude flawed evidence.
Don't just accept your license suspension or face your appeal hearing alone. Call (513) 339-6289 today for your free consultation.
Ohio Administrative License Suspension Information Center
- How long can a person’s license be suspended for?
- Is there any way to have a suspension overturned?
- What does a person need to do have a driver’s license reinstated?
- Where can I find more information about the ALS process?
The driver may file a petition for limited driving privileges in the municipal, county, or mayor’s court any time subsequent to the date on the notice of suspension. In the case of a minor, juvenile court that has jurisdiction over the place of arrest.
Ohio Revised Code § 4510.13 prohibits a judge from granting limited driving privileges if the alleged offender has refused three prior requests to consent to a breath or blood test within the preceding six years. Occupational driving privileges for DUI offenders who failed chemical tests cannot be granted during the following periods:
- First 15 days of suspension on a first offense.
- First 30 days of suspension on a person who had an OVI conviction six years.
- First 180 days of suspension on a person who had two previous DUI convictions within six years.
- No driving privileges granted if a person has had three previous OVI convictions within six years.
- A person, who within the preceding seven years, has been convicted of or pleaded guilty to three or more DUI violations cannot be granted occupational privileges.
Alleged offenders who refused to submit to chemical tests cannot be granted limited privileges during the following periods:
- First 30 days of suspension on a first offense.
- First 90 days of suspension on a person who had a previous refusal within six years.
- First year of suspension on a person who had two previous refusals within six years.
- First 3 years of suspension on a person who had three previous refusals within six years.
- A person, who within the preceding seven years, has been convicted of or pleaded guilty to three or more OVI violations cannot be granted limited privileges.
How long a license suspension lasts depends on how many refusals an alleged offender had over the course of six years. Depending on an alleged offender’s number of previous offenses or refusals, a driver’s license may be suspended for between 90 days and five years for a failed test.
Suspensions for refusal have mandatory minimums that are much higher than the ALS period you receive upon conviction. Alleged offenders who refuse chemical tests may have their licenses suspended for between one and five years, depending on an their number of prior offenses or refusals.
Generally, alleged offenders can have their licenses automatically suspended as follows for test refusals:
- First Refusal — One year;
- Second Refusal within Six Years—Two years;
- Third Refusal within Six Years—Three years; or
- Fourth or Subsequent Refusal within Six Years—Five years.
According to Ohio Revised Code § 4511.197, alleged offenders may appeal their administrative license suspensions at or within 30 days of their initial court appearances for OVI. The court may approve a reversal if:
- The arrest or stop was not reasonable;
- A request to take the chemical test was not present;
- The individual was not informed of the penalties for refusal or failure of a chemical test;
- If a refusal to test was not given; or
- Failure of test is not present.
In order to get a driver’s license reinstated after a refusal, an alleged offender must meet a few requirements. This includes serving the full, mandatory suspension period, paying a $475 reinstatement fee, and providing a hard copy of proof of insurance to the Ohio Bureau of Motor Vehicles.
If the court immobilized the vehicle of an alleged offender, then a $100 immobilization fee must be paid. Failure to pay the fee can result in forfeiture of the vehicle, and people cannot register another vehicle in their name for five years following any court-ordered forfeiture.
Ohio Bureau of Motor Vehicles (BMV) | Driver License Suspension & Reinstatement — The Ohio BMV covers the length of suspension, appeal procedures, limited driving privileges, and reinstatement requirements for administrative license suspension (ALS) following a Positive chemical test on this website. Another section of the BMV website covers the same topics for ALS and drug and alcohol related suspensions. Through either link, you can also find office locations and learn more about penalties and reinstatement fees.
Ohio Bureau of Motor Vehicles
1970 West Broad Street
Cincinnati, OH 43218
Impact of Ohio Administrative License Suspension — The driving records of the more than 45,000 Ohio drivers convicted of DUI between July 1, 1990, and August 30, 1995, are analyzed in this report published on the National Center for Biotechnology Information (NCBI) website. The NCBI is part of the world's largest medical library, the United States National Library of Medicine (NLM), an institute within the United States Department of Health and Human Services’ National Institutes of Health. The report includes graphs and tables in its analysis covering the impact of ALS on DUI recidivism.
Cincinnati OVI Lawyer for Administrative License Suspension
Has your license been suspended because you failed or refused to submit to a chemical test during an arrest for drunk driving in Central Ohio? Experienced legal counsel may be able to help you legally get back on the road without having to wait for the full length of your suspension to expire.
Cincinnati DUI attorney Brian Joslyn of the Joslyn Law Firm helps clients in communities throughout Hamilton County, Franklin County, Clermont County, Butler County, Greene County, and Clinton County. He can review your case as soon as you call (513) 339-6289 or complete an online form to set up a free, confidential consultation.