Ohio Revised Code § 4511.191 is the state’s implied consent law. Under this law, any motorist who is suspected of operating vehicle under the influence of alcohol or drugs (OVI) is deemed to have given their consent to a chemical test of their breath, blood, or urine.

Administrative License Suspension

Administrative license suspension (frequently referred to simply as ALS) is the process that a person immediately enters when they refuse to submit to a test or provide a positive test. An administrative license suspension may be several years and require a person to pay reinstatement fees as well as provide possible proof of high-risk insurance.

Administrative License Suspension Defense Attorneys in Columbus, OH | Sabol | Mallory

If you have had your license suspended because of an OVI arrest in Columbus or a surrounding area of Ohio, do not wait to seek legal representation. You will benefit from involving an experienced lawyer as soon as you possibly can.

Sabol | Mallory helps people who have lost their driving privileges regain the ability to get back on the road. We can provide a complete evaluation of your case as soon as you call (614) 300-5088 or contact us online to take advantage of a free consultation.  

Administrative License Suspension Penalties

The number of times an alleged offender has previously been convicted of OVI or refused tests can factors into how long a suspension will apply to their driver’s license. As it relates to positive tests, Ohio typically imposes the following penalties based on the number of convictions within 10 years:

  • First OVI — 90 day suspension, 15 day waiting period for driving privileges

  • Second OVI — One year suspension, 45 day waiting period for driving privileges

  • Third OVI — Two year suspension, 180 day waiting period for driving privileges

  • Fourth OVI — Three year suspension, three year waiting period for driving privileges

When it comes to refusal to submit to tests, the suspension periods are generally as follows:

  • First Refusal — One year suspension, 30 day waiting period for driving privileges

  • Second Refusal — Two year suspension, 90 day waiting period for driving privileges

  • Third Refusal — Three year suspension, one year waiting period for driving privileges

  • Fourth Refusal — Five year suspension, three year waiting period for driving privileges

Administrative License Suspension Appeals

Ohio Revised Code § 4511.197 provides for the appeal of an implied consent suspension. A person only has 30 days to file this appeal.

Ohio Revised Code § 4511.197(C) specifically provides that the scope of the appeal is limited to determining whether one or more of the following conditions have not been met:

  • Whether the arresting law enforcement officer had reasonable ground to believe the alleged offender was operating a vehicle in violation of Ohio Revised Code § 4511.19 or a substantially equivalent municipal ordinance and whether the arrested person was in fact placed under arrest;

  • Whether the law enforcement officer requested the arrested person to submit to the chemical test or tests designated pursuant to Ohio Revised Code § 4511.191;

  • If the person was under arrest as described in Ohio Revised Code § 4511.191(A)(5), whether the arresting officer advised the person at the time of the arrest that if the person refused to take a chemical test, the officer could employ whatever reasonable means were necessary to ensure that the person submitted to a chemical test of the person's whole blood or blood serum or plasma; or if the person was under arrest other than as described in Ohio Revised Code § 4511.191(A)(5), whether the arresting officer informed the arrested person of the consequences of refusing to be tested or of submitting to the test or tests;

  • Whether the arrested person refused to submit to the chemical test or tests requested by the officer or the chemical test results indicated that at the time of the alleged offense the alleged offender’s whole blood,blood serum or plasma,breath,or urine violated state law.

If the appeal is successful, a person’s privileges will be immediately restored. If the appeal is not successful, the suspension continues but the criminal defense attorney will still have gained some very important insight into a prosecutor’s case.

Many people are required to pay a reinstatement fee in order to get their driver’s licenses back. Drivers can enter a Reinstatement Fee Plan when they do not have the money to pay the full reinstatement fee.  

Columbus, OH Administrative License Suspension Resources

Administrative License Suspension (ALS) | State of Ohio BMV — Visit the official state website for information about administrative license suspension. Suspensions and reinstatements covers positive tests and refusal to test, and links to approved driving schools and acceptable documents. You can also learn more about physical control, in-state drug suspensions, and out-of-state alcohol or drug suspensions.  

What Is an Administrative License Suspension? — View the full text of an Ohio State Bar Association article about the administrative license suspension process. The article discusses driving during the suspension and challenging the suspension. It also discusses how to get your license back when a suspension period is over and what happens if you are found not guilty of OVI.

Impact of Ohio Administrative License Suspension | National Center for Biotechnology Information (NCBI) | National Institutes of Health (NIH) — Read a study analyzing the driving records of 45,788 drivers convicted of OVI between July 1, 1990, and August 30, 1995, to determine the specific deterrent impact of the Ohio ALS law on DUI recidivism. The study found under the ALS law, license suspensions were earlier and more certain. Consequently, the number of drunk-driving convictions, moving offenses, and crashes of first and multiple DUI offenders were significantly reduced in the 2 years after their arrest for DUI.

Contact a Columbus Administrative License Suspension Defense Lawyer Today

Has your driver’s license been suspended because of an OVI arrest in the Columbus area? You will want to act quickly so you can preserve your ability to drive and attempt to clear your name.

Do not wait to contact Sabol | Mallory. Call (614) 300-5088 or contact us online to schedule a free consultation.

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