Cincinnati Administrative License Suspension Lawyer
After being arrested in Ohio
for DUI, the Ohio Bureau of Motor Vehicles will suspend your Ohio driver’s
license or driving privileges, whatever the case may be. This is known as
an “Administrative Law Suspension,” or an “ALS.”
The ALS is often the most misunderstood aspect of a DUI case.
Our Warren County, Ohio OVI defense lawyers understand the intricacies of
the ALS and how to approach it to the greatest benefit to our client.
After an arrest for OVI, the police ask for a chemical test
to determine the concentration of alcohol in the person’s blood stream, or
the “Blood Alcohol Content,” BAC. If a motorist refuses,
or submits and the BAC is .08 or more, the license is immediately suspended
administratively (hence the term “ALS). This is because the suspension
is not imposed by a Judge, but by the Ohio Bureau of Motor Vehicles which
is an administrative agency. Under the power vested in the Ohio BMV, the police
officer is deputized as a BMV official for the limited purpose of imposing
The ALS is legal and constitutional because
possession of an Ohio driver’s license is a privilege and, upon accepting
same or driving with an out of state license on a Hamilton County, Ohio
roadway they are implicitly agreeing to providing a breath, blood, or
urine sample to a police officer when there is a belief that the person
is operating under the influence of drugs or alcohol. Refusing to provide
a sample or providing a sample over the regulatory limit results in
Despite the prompt suspension of driving privileges, a motorist
does have rights to an ALS suspension hearing to set aside the ALS suspension.
However, our Cincinnati are Butler County, Ohio OVI lawyers must act quickly
as the demand for a hearing, called an ALS appeal, must be made within 30
days of arraignment or forever waived.
There are 5 primary statutory reasons that the ALS suspension
can be set aside, and our Clermont and Butler County, Ohio OVI lawyers are familiar with them all. They are:
- The police did not have probably
cause to arrest
- The police did not advise the motorist of
the implied consent regulations
- The test was not demanded within 2 hours
of the arrest
- The person did not refuse the test, or;
- the person took the test and did not test
over the legal limit.
Supplemental arguments our Cincinnati, Ohio Administrative License Suspension
Lawyers utilize to set aside the ALS is based upon a defect in suspension
form utilized by the police. In order for the suspension to be imposed, the
BMV must receive a notarized copy of the 2255. Often the form is not properly
notarized or executed, and this leads to a voiding of the suspension.
If the ALS suspension is upheld after suspension then the
suspension remains in place. For a first time offender a refusal suspension
is 1 year, and an over the limit suspension is 90 days. Depending on how many
refusals, the ALS suspension can be up to 5 years for multiple offenders;
depending on how many over the limit offenses the ALS suspension can be up
to 3 years.
Notwithstanding the length of the ALS suspension, it can and
often does terminate early. Under the law, the ALS
suspension terminates upon a conviction for a DUI. It does not terminate if
the person is acquitted. For example, if a person refuses a breath test and
this is a first offense, and the OVI charge is dismissed,
the ALS of one year remains in place. If the defense attorney is negotiates
a reduction, there is still an ALS in effect for one year. However, if the
person is convicted of DUI, the ALS is automatically terminated by the BMV
and the punative suspension, which is often shorter
than the ALS suspension, is superimposed. These are important considerations
that our Ohio OVI/DUI defense lawyers review so you can determine how to best
defend your Ohio operating a vehicle under the influence charge.
If a person took the chemical test and was over the legal
limit, the trial judge can, and usually does, grant conditional driving privileges.
However, once the ALS ends and the case is still active, pre-trial limited
driving privileges granted by the Judge are no longer valid. Nonetheless,
the motorists full driving privileges are not automatically restored. First
the motorist must comply with the Ohio BMV reinstatement requirements. There
is a $475.00 reinstatement fee and the motorist must provide proof of current
insurance. Our Ohio OVI lawyers will marshal you through the reinstatement
process, as we are familiar with the BMV reinstatement center procedures at
the Ohio Bureau of Motor Vehicles reinstatement center at the BMV reinstatement
center in their Mt. Healthy office.
Upon a subsequent conviction to an alcohol
related offense after an ALS suspension termination the court still
has to impose a suspension. On a first offense, this is at least 6 months
and can be up to 3 years. However, whatever length of suspension is
imposed, the motorist will get credit for the first 90 days and the
reinstatement fee will be credited for reinstatement after the judicial
suspension period terminates.
Knowledgeable DUI Representation in Clermont and Hamilton Counties, Ohio
Our Cincinnati, Ohio area DWI lawyers have years of experience
defending against DUI/OVI in the City of Cincinnati, Hamilton County, Clermont
County, Butler County, Warren County, and the state of Ohio. In defending
against an OVI suspension, be it an administrative or punative suspension, we can build many argument and defenses
to prevent a suspension or have your license restored to you as fast as possible.
We protect your rights from beginning to end. Give us a call today to start
preparing for your defense.