If you've been arrested for OVI in Ohio, your driver's license was likely suspended immediately—before you ever appeared in court, and regardless of whether you're eventually found guilty or innocent. This is called an Administrative License Suspension (ALS), and it's one of the most misunderstood aspects of Ohio OVI law.
The good news? You can fight this suspension. The bad news? You have only 30 days from the date of your arrest to request a hearing. Miss this deadline, and the suspension stands automatically.
What Is an Administrative License Suspension?
An ALS is a civil (not criminal) suspension imposed by the Ohio Bureau of Motor Vehicles (BMV) when:
- You test at or above .08% BAC (.02% if under 21)
- You refuse to submit to chemical testing (breath, blood, or urine)
The suspension is automatic and takes effect immediately upon arrest. The officer confiscates your license and issues a temporary permit valid for 30 days.
ALS Suspension Periods
- Tested over limit (.08%+): 90-day suspension
- Refused testing: 1-year suspension
For second and subsequent offenses within 10 years, the suspension periods increase significantly:
- Second offense - tested over: 1-year suspension
- Second offense - refusal: 2-year suspension
- Third offense - tested over: 2-year suspension
- Third offense - refusal: 3-year suspension
How to Request an ALS Hearing
To challenge your ALS, you or your attorney must file a request within 30 days of your arrest. This request should be filed with the court where your OVI case is pending.
What the Request Must Include:
- Your name and address
- Date of arrest
- Arresting agency
- Grounds for challenging the suspension
Grounds for Challenging an ALS
At the ALS hearing, the arresting officer must prove specific elements. If they fail to prove any of these, the suspension must be terminated. Common grounds for challenging an ALS include:
1. Lack of Reasonable Suspicion for the Stop
Police must have reasonable suspicion that you committed a traffic violation or other offense to pull you over. If the stop was illegal, the ALS may be invalidated.
2. Lack of Probable Cause for Arrest
The officer must have probable cause to believe you were operating under the influence before arresting you. This typically requires observable impairment or failed field sobriety tests.
3. Failure to Properly Advise of Consequences
Before requesting a chemical test, officers must read you Ohio's implied consent warning. If they fail to do this properly, or if you have a language barrier that wasn't accommodated, this can be grounds to terminate the suspension.
4. Improper Testing Procedures
Breath testing devices must be properly calibrated and maintained. Blood draws must follow strict chain of custody protocols. Any deviation can invalidate the test results.
5. Medical or Physical Conditions
Certain medical conditions can affect breath test accuracy or make field sobriety tests unreliable. These can be presented as defenses at the ALS hearing.
What Happens at the ALS Hearing?
ALS hearings are typically brief (15-30 minutes) and less formal than criminal trials. Here's what to expect:
- Officer testimony: The arresting officer presents evidence about the stop, arrest, and testing
- Cross-examination: Your attorney can question the officer about procedures and observations
- Defense presentation: Your attorney may present evidence or witnesses challenging the suspension
- Magistrate's decision: The magistrate issues a ruling, often immediately
Possible ALS Hearing Outcomes
If You Win:
- Your license suspension is terminated immediately
- You can resume driving while your OVI case proceeds
- Your license is reinstated without fees (though BMV may charge administrative fees)
If You Lose:
- The suspension remains in effect for the full period
- You may be eligible for limited driving privileges after a "hard suspension" period
- Hard suspension: 15 days if tested, 30 days if refused (first offense)
Limited Driving Privileges
Even if you lose your ALS hearing, you may qualify for limited driving privileges after the hard suspension period. These privileges typically allow driving for:
- Work and work-related activities
- School or educational programs
- Medical appointments
- Court-ordered activities
To obtain limited privileges, you'll need to file a separate motion with the court and may need to show proof of insurance (SR-22), install an ignition interlock device, and meet other requirements.
Why You Need an Attorney for Your ALS Hearing
Many people assume they can handle an ALS hearing themselves or that it's not worth fighting. This is a mistake that can cost you your ability to drive for months or even years.
An experienced OVI attorney can:
- Identify procedural errors that invalidate the suspension
- Cross-examine the arresting officer effectively
- Present technical defenses about testing equipment
- Negotiate with the prosecutor for a stay of the suspension
- Request limited driving privileges if the suspension stands
Related Resources
For more detailed information about OVI defense and your legal options, visit our comprehensive guide to finding the best OVI lawyer in Ohio.
Don't Wait—Act Now
The 30-day deadline for requesting an ALS hearing is absolute. I've seen too many clients lose their driving privileges simply because they waited too long to contact an attorney.
If you or a loved one was arrested for OVI in Ohio, call me immediately at (330) 299-5475. I offer free consultations and can quickly assess your ALS hearing options. I serve all Northeast Ohio courts including Akron, Canton, Cleveland, and surrounding areas.
Remember: Even if you think your case is unwinnable, an ALS hearing gives you a chance to keep driving while we work on your defense. Don't give up your rights without a fight.