An administrative license suspension (ALS) in Ohio occurs when you either refuse to take a BAC test or test over Ohio’s designated legal limit. The suspension is automatic, with the officer seizing your license on the spot. An ALS can be from 90 days up to 5 years in duration depending on the prior number of tests you have refused or failed (it is not based on convictions). If you have never failed or refused a test previously, the suspension is 1 year for a refusal, and 90 days for testing above the limit.
An Ohio ALS is civil in nature. You have the right to appeal the suspension which must be done quickly to avoid waiving the appeal. Generally, the issues on appeal are whether the arrest was reasonable, whether the test was requested, whether you refused or failed, and whether you were made aware of consequences of refusal or failure. If the ALS appeal is sustained, the court could still suspend your license if it finds your driving poses a threat to public safety.
In most instances, you will be eligible for limited driving privileges under an administrative license suspension (ALS). These privileges are generally work, medical, or school related. However, these are not available right away and require a wait of just over two weeks to several months depending on the circumstances.
At Taubman Law we always file an ALS appeal for our clients. This helps them get driving privileges quicker, saves them money at the BMV and helps their OVI charge. Contact us if you have been arrested for an OVI and/or face an ALS appeal.