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Under Ohio Rev. Code § 4511.191, if a person has been stopped for drinking and driving, but refuses chemical testing of the blood, urine or breath, they will be subjected to an immediate driver’s license suspension.
This suspension, known as an administrative license suspension or ALS, is not part of the criminal penalties that may be imposed after a conviction for operating a vehicle under the influence of alcohol or drugs (OVI). The administrative license suspension is considered a civil penalty and is independent of the criminal OVI case.
If your license has been administratively suspended in the Columbus, Ohio area, contact the Joslyn Law Firm to discuss the facts of your case. Brian Joslyn of the Joslyn Law Firm will help you fight your administrative license suspension and help you find the best possible outcome in your situation.
Call the Joslyn Law Firm at (614) 444-1900 for a free consultation today about your ALS and underlying OVI charge in Franklin County and the surrounding areas of Ohio.
Upon a first OVI refusal of chemical testing or testing over the legal limit, the Ohio bureau of motor vehicles will impose a class C driver’s license suspension. According to Ohio Rev. Code § 4510.02, this requires a mandatory suspension for one year.
A second refusal to consent within six years or a prior OVI guilty plea or conviction will result in a class B driver’s license suspension, which is for two years.
A third refusal to consent within six years, two prior OVI guilty pleas or convictions, or one prior refusal and one prior guilty plea or conviction to an OVI will result in a class A driver’s license suspension. This suspension class is for a mandatory three years.
A fourth or subsequent refusal to consent within six years, three or more prior OVI guilty pleas or convictions, or a combination of three or more prior refusals and guilty pleas or convictions to an OVI will result in a five year driver’s license suspension.
An administrative license suspension can be appealed under Ohio Rev. Code § 4511.197 at the initial appearance of the underlying OVI charge or within 30 days after the initial appearance of the OVI charge. An appeal can be made to determine if any of the following were met:
A person who has their license administratively suspended can file a petition requesting limited driving privileges up to 30 days after the individual’s initial appearance for the OVI charge.
If someone has had their license suspended for refusal of a chemical breath test, their ALS will be terminated after the registrar has received notice the person entered a guilty plea or no contest and was subsequently found guilty to an OVI arising out of the same incident.
Upon the completion of the administrative license suspension period, an individual is still required to reinstate their driver’s license. For reinstatement, an individual must show proof of financial responsibility by obtaining a certificate of Insurance (Form SR22) and submit payment of a reinstatement fee to the bureau of motor vehicles of $475.
If you have been charged with an OVI and you received an administrative license suspension in Columbus, Ohio, contact Brian Joslyn of the Joslyn Law Firm to discuss the facts of your particular case. Brian Joslyn is an experienced Columbus DUI attorney who will make every effort to fight your OVI charges and help you reinstate your license.
Call the Joslyn Law Firm at (614) 444-1900 for a free consultation about your administrative license suspension and OVI in Franklin County and the surrounding counties, including Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.