Administrative License Suspension in Carrollton

If you find yourself facing an OVI charge in Ohio, a Carrollton OVI lawyer can explain that having your driver’s license suspended is a common outcome. Typically, when someone is arrested for OVI (Operating a Vehicle Impaired), the Carroll County Bureau of Motor Vehicles enforces an administrative license suspension (ALS). An ALS is applied in cases where a driver’s blood alcohol content (BAC) exceeds the legal limit or when they refuse to undergo chemical testing, such as blood, breath, or urine tests.

Understanding the ALS Process

Once a driver’s license is suspended, the officer conducting the arrest delivers notice using BMV Form 2255. This notification must be read to the driver at the time of the arrest. Upon completion of this process, the officer retains custody of the individual’s license.

The Ohio Revised Code (Section 4511.19) provides the legal basis for an ALS suspension, defining the conditions under which such suspension is warranted.

Can You Challenge an ALS Suspension?

Receiving an ALS suspension does not necessarily mean you lose your license permanently or even for a specified duration. With the assistance of a knowledgeable Carrollton criminal lawyer, like Sean Logue and the team at Youngstown Criminal Law Group, you may have an opportunity to contest the suspension at an ALS hearing. They’ll evaluate the evidence and circumstances surrounding your arrest to determine whether the suspension might be overturned.

Legal Grounds for Terminating an ALS

Certain legal grounds may allow a judge to set aside an ALS suspension. These include, but are not limited to:

• Lack of probable cause for the OVI arrest or an absence of reasonable grounds for detention.
• Submission to chemical testing, with results indicating BAC within legal limits.
• Refusal to submit to testing due to a medical condition, such as asthma or other respiratory issues, making compliance difficult.
• The arresting officer failed to inform the driver of Ohio’s implied consent laws.

Filing an ALS Appeal

A Carrollton OVI lawyer can file an ALS appeal either during your arraignment or shortly thereafter. The arguments they may use to support the appeal include:

• Errors on Form 2255, such as the failure to check the “Administrative License Suspension” box.
• Improper notarization of Form 2255 or an incomplete/notarized copy submitted to the BMV.
• Alterations, mistakes, or inconsistencies in the document submitted.

If the form contains errors or was improperly filed, this may persuade the judge to reinstate your driving privileges.

ALS Requirements

When an individual is arrested for OVI in Ohio, certain procedural steps must be completed by the law enforcement officer to enact an ALS suspension. These steps are specified by the Ohio Revised Code and include detailed documentation, such as completing and submitting Form 2255.

For first-time refusals to undergo chemical testing, Ohio Revised Code Section 4511.191(B)(2) establishes that the suspension may be lifted if the individual pleads guilty or no contest. The time already served under suspension can be credited against the penalty. However, Section 4511.191(D) states that a verdict of “not guilty” following a trial does not automatically nullify an ALS suspension.

For drivers with three or more test refusals within a six-year period, eligibility for ALS dismissal is excluded under Section 4510.13(A)(3).

Ohio Implied Consent Law

According to Section 4511.191(A)(2) of the Revised Code, Ohio drivers give implied consent to chemical testing (blood, breath, or urine) if requested by law enforcement during an OVI stop. The officer must demonstrate reasonable suspicion of intoxicated driving to justify the request.

Length of ALS Suspensions

The duration of an ALS depends on whether the individual refused or failed the chemical test and how many prior incidents they have had in the past six years.

Refusal to Submit to Testing

Based on Ohio Revised Code Section 4511.191(b), suspension durations for refusing chemical testing are as follows:

• First refusal within 6 years results in a one-year suspension, with driving privileges after 30 days.
• Second refusal within 6 years results in a two-year suspension, with driving privileges after 90 days.
• Third refusal within 6 years leads to a three-year suspension, with driving privileges after one year.
• Fourth and subsequent refusals within 6 years incur a five-year suspension, with driving privileges allowed after three years.

Failing a Chemical Test

If a driver undergoes testing but fails, Ohio Revised Code Section 4511.191(b) enforces the following ALS durations:

• 90-day suspension for a first-time offense.
• One-year suspension for a second offense.
• Two-year suspension for a third offense.
• Three-year suspension for a fourth offense.

Why Partner with a Carrollton Criminal Lawyer?

If you’re facing ALS as the result of an OVI arrest in Carroll County, all hope is not lost. A skilled Carrollton OVI lawyer at Youngstown Criminal Law Group can identify procedural errors and utilize relevant legal grounds to contest your suspension.

Don’t face these challenges alone – call Sean Logue at (330) 992-3036 to start building your defense.