Administrative License Suspension in Cadiz

What is an Administrative License Suspension (ALS)?

When a driver in Ohio is arrested for OVI, their driver’s license is often suspended by the Bureau of Motor Vehicles. This suspension is called an Administrative License Suspension (ALS). A driver receives an ALS if their blood alcohol content (BAC) exceeds the legal limit or if they refuse to undergo chemical testing (e.g., blood, breath, or urine tests).

Notification of ALS

Drivers subjected to an ALS are notified using BMV Form 2255, which the arresting officer is required to read to the individual. The officer also confiscates the driver’s license at this time.

The provisions for an ALS suspension are outlined in the Ohio Revised Code, Section 4511.19, which defines the term and specifies the conditions under which an ALS suspension can be imposed.

Can an ALS Suspension Be Removed?

Receiving an ALS doesn’t automatically mean you lose your license permanently or even for a set period of time. With the assistance of an experienced Cadiz OVI lawyer, such as Sean Logue of the Youngstown Criminal Law Group, you can work to have the suspension lifted. By analyzing the facts and circumstances of your arrest, Sean Logue will present your case to the judge in an ALS hearing, aiming to have the suspension overturned.

Grounds for Challenging an ALS Suspension

According to Ohio law, there are specific reasons a judge may set aside an ALS suspension. These may include:

• Lack of probable cause for the OVI arrest, or insufficient grounds to proceed.
• The driver submitted to chemical testing, and the results showed BAC within legal limits.
• The driver did not refuse testing but had a medical issue preventing valid test results (e.g., asthma or a condition reducing breath volume).
• The arresting officer did not correctly inform the driver regarding Ohio’s implied consent law.

Filing an ALS Appeal

A skilled Cadiz traffic ticket lawyer can file an ALS appeal on your behalf, usually during your arraignment or shortly thereafter. The appeal may incorporate the following arguments:

• Mistakes in completing Form 2255 by the arresting officer.
• The box on Form 2255 designated “Was placed under an Administrative License Suspension” was left unchecked.
• The officer failed to swear or attest to the statements listed on Form 2255 correctly.
• The BMV did not receive a properly notarized version of Form 2255, or there were errors in notarization.
• Any other procedural errors or improper execution of the form.

If the Form 2255 is found to be improperly completed or altered before it reached the court, a judge might reinstate your driver’s license.

ALS Requirements and Legal Guidelines

Arrest and ALS Process

When arrested for OVI, the arresting officer must complete specific paperwork to initiate the suspension of your license.

For first-time refusals to submit to chemical testing, Ohio Revised Code Section 4511.191(B)(2) allows for lifting the ALS once the offender pleads no contest or guilty, with time served credited against the suspension period. However, per Section 4511.191(D), being found not guilty after a trial does not automatically impact the ALS suspension.

For cases where drivers refuse chemical testing three or more times within six years, the ALS cannot be rescinded as outlined in Ohio Revised Code, Section 4510.13(A)(3).

Implied Consent Law

Under Ohio Revised Code Section 4511.191(A)(2), all drivers are considered to have provided implied consent for chemical testing (urine, breath, or blood), provided law enforcement has reasonable suspicion that the driver is operating a vehicle under the influence.

ALS Suspension Lengths

Duration for Test Refusal

The length of ALS depends on whether the driver refused or failed chemical testing and the number of refusals within a six-year period. According to Ohio Revised Code Section 4511.191(B):

• First refusal within 6 years (Class C Suspension): 1-year suspension with limited driving privileges after 30 days.
• Second refusal within 6 years (Class B Suspension): 2-year suspension with privileges after 90 days.
• Third refusal within 6 years (Class A Suspension): 3-year suspension with privileges after 1 year.
• Fourth and subsequent refusals within 6 years: Suspension for 5 years, driving privileges granted after 3 years.

Duration for Failed Tests

For those who submit to testing and fail, suspension lengths are as follows:

• First offense: 90-day suspension.
• Second offense: 1-year suspension.
• Third offense: 2-year suspension.
• Fourth offense: 3-year suspension.

Hope for a Positive Resolution

If your driver’s license has been administratively suspended, all is not lost. An experienced Cadiz criminal lawyer can review your case and identify avenues to challenge the suspension. Contact Sean Logue and the Youngstown Criminal Law Group at (330) 992-3036 for personalized legal assistance.