When you are charged with OVI and you either refuse the breath test or you submit to the test and the result is over the .08 “per se” limit, the arresting officer will serve an Administration License Suspension (“ALS”) on you.
If you refuse the test, the suspension will last for 1 year regardless of the out come of the case. That’s right, even if you are found NOT GUILTY at trial, the suspension stays in effect. However, if you submit to the test and you test over a .08, the suspension lasts 90 days.
On a properly executed ALS, there is a 30 days “hard” suspension on a refusal and a 15 days “hard” suspension for first time offenders. This means no driving privileges may be granted until the statutory hard suspension has expired.
However, an ALS appeal may be filed stating why it should not be valid. The Ohio Revised Code, Section 4511.197 gives a lawyer the authority to challenge the ALS. The O.R.C. states the ALS may be challenged for 4 reasons: 1) no reasonable grounds to arrest for OVI, 2) failure to read the advice of the ALS form (form 2255), 3) no test over the legal limit, 4) no valid refusal.
A successful appeal will result in either a stay or complete termination of the ALS thereby avoiding any hard suspension. Be aware that the court may impose a judicial safety suspension if it feels necessary.
And remember, if you or a family member has been arrested for OVI, contact Suhre & Associates at 614-827-2000 We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!
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