Administrative License Suspension Hearing Lawyer in Cincinnati, OH

If you are arrested for operating a vehicle under the influence of alcohol or drugs (OVI) in Ohio, you may be notified that your driver’s license has been suspended. This suspension is not a criminal penalty but an administrative license suspension (ALS). This civil penalty is managed by the Ohio Bureau of Motor Vehicles (BMV). It’s crucial to act quickly, as you have a limited time to request a hearing for your ALS.

Contact an experienced administrative license suspension hearing defense lawyer at Luftman, Heck & Associates at (513) 338-1890 to discuss your case.

What Is Ohio’s Administrative License Suspension (ALS)?

In Ohio, an ALS is an immediate suspension of your driving privileges imposed by the Bureau of Motor Vehicles (BMV) following an OVI arrest. This suspension is separate from any penalties you may face in court and can occur for two primary reasons:

1. You failed a chemical test by testing over the legal limit for drugs or alcohol, or
2. You refused to take a chemical test in violation of the implied consent law

Failing a Chemical Test: What Happens?

If you fail a chemical test by having an alcohol concentration at or above the legal limit, the BMV presumes you’ve violated the law. Here are the legal limits based on your age and the type of vehicle:

21+ years old (Personal vehicle):

• Blood: .08%
• Blood serum/plasma: .096%
• Urine: .11%

Under 21 years old (Personal vehicle):

• Blood: .02%
• Blood serum/plasma: .03%
• Urine: .028%

Commercial driver (CDL):

• Blood: .04%
• Blood serum/plasma: .048%
• Urine: .056%

Consequences of a Failed Test:

• First offense: 90-day ALS.
• Second offense: 1-year ALS.
• Third offense: 2-year ALS.

What Are the Consequences of Refusing a Chemical Test?

Ohio’s implied consent law (ORC 4511.191) means that by operating a vehicle, you consent to submit to a chemical test if arrested for OVI. Refusing to take a test results in an ALS. If you are arrested for drunk or drugged driving and are asked to take a blood, breath, or urine test, you may refuse to do so. The repercussions of refusing to take the test is an ALS.

For a first-time refusal, your ALS will be for one year. A second refusal leads to a two-year suspension, and a third refusal causes a three-year suspension.

How to Appeal an ALS

You can challenge an ALS in court or at an administrative hearing. Ohio law (ORC 4511.197) allows you to address your ALS separately from the OVI charge. You can request a hearing either during your initial court appearance or within 30 days of that appearance. Your DUI defense attorney can help file the necessary paperwork and represent you in court.

Key Deadlines for an ALS Appeal

Your lawyer must request an ALS hearing within 20 days of receiving notice of your suspension. This is a crucial deadline, so it’s important to consult with an experienced defense attorney immediately after your arrest.

Grounds for an ALS Appeal

Winning an ALS appeal is challenging but not impossible. There are limited grounds for having an ALS overturned.You should always speak with a DUI defense attorney about fighting your ALS in court. Your appeal is limited to determining whether:

• The officer had reasonable grounds to believe you were committing an OVI offense;
• The officer had probable cause to arrest you for an OVI offense;
• The officer properly informed you of Ohio’s implied consent law and consequences of refusal;
• The officer properly requested you to submit to a chemical test;
• You actually refused to submit to a test, if your ALS is for refusal; or
• Your body, at the time, actually contained a concentration of alcohol or controlled substance above the legal limit, if your ALS is for a failed test.

The criminal court or administrative judge is looking to see whether your driver’s license was lawfully suspended, or whether the suspension was wrongly imposed. You will not win an appeal by claiming the ALS is unfair or a hardship. You must prove that your license should not be suspended based on Ohio law.

How to Know If Your License Is Suspended

If your license is suspended due to an OVI arrest, the police will confiscate and destroy your driver’s license. You will be given BMV Form 2255: Report of Law Enforcement Officer Administrative License Suspension. You may also receive a notice in the mail from the BMV.

Regardless of how you receive this information, contact a DUI lawyer immediately to discuss the impact on your license and options for a hearing.

Why Choose Luftman, Heck & Associates?

At Luftman, Heck & Associates, we understand how vital your driver’s license is for your daily life. Losing it can impact your job, education, and family. Our detail-oriented DUI defense attorneys will thoroughly investigate your arrest and examine the details of your traffic stop, chemical testing, and suspension process to identify any potential grounds for an ALS appeal.

If your ALS is upheld, we can help you obtain limited driving privileges to reduce the disruption to your life.

Call Our Dedicated ALS Lawyers for Help

If you’re facing an administrative license suspension in Ohio, don’t wait – contact Luftman, Heck & Associates today. Our skilled team is ready to provide the legal guidance you need to fight your suspension and protect your rights.

Call us now at (513) 338-1890 for a free consultation or contact us online to find out how our team can help you get your life back on track.