Administrative License Suspension in OVI cases
An administrative license suspension (ALS) is a driver’s license suspension that is different from a court ordered suspension. Court ordered suspension is imposed after you are found guilty, and have been sentenced for an OVI. Arresting officer can impose the ALS if you refuse to take the breath, blood, or urine test during the OVI arrest, or if you take the test and test over the legal limit (.08% alcohol content).
Limited driving privileges may be granted for an ALS suspension during the pendency of the OVI case. Generally, there is a waiting period before the privileges can be granted. Length of the waiting period is determined by whether there are previous convictions for an OVI, or refusals of a breath test. If privileges are granted, they are usually for medical, work, or school purposes, and may be conditioned upon having a restricted license plate or an ignition interlock device installed on the vehicle.
ALS can be appealed. If the appeal is successful the suspension could be terminated. Appeal can be filed during the first court appearance following the arrest. If the ALS is not appealed then, a hearing on the suspension can be requested within 30 days of the arrest.
Ohio Revised Code (ORC) has several statutes addressing the validity and setting requirements for an ALS. ORC 4511.197 provides 4 rationales for challenging the suspension: 1 – was there reasonable grounds by the officer to suspect that you were under the influence, 2 – were you requested to submit to a chemical test, 3 – were you informed of possible consequences for refusing the test or testing over the legal limit, and 4 – whether your refused or tested over the legal limit.
ALS can also be challenged if the arresting officer did not comply with requirements set out in ORC 4511.192, which sets out procedures for filing the ALS. ORC 4511.192 requires that proper form be used, that form has to be signed by the officer and a witness, copy of the form must be provided to you, and the form must be provided to the court and the BMV within 48 hours after the arrest. However, recent Ohio Court of Appeals decision in State v. Holbrook ruled that some of these requirements do not have to be strictly met if the requirements set out in ORC 4511.197 are satisfied.