Fact-Checked: Why Trust Rittgers Rittgers & Nakajima Being pulled over for suspected drunk or drugged driving in Ohio comes with immediate consequences that many people don’t expect. One of the most significant is the Administrative License Suspension (ALS) – an automatic punitive action that can take away your driving privileges long before your case ever reaches trial.
In a system where you’re supposed to be presumed innocent until proven guilty, an Administrative License Suspension can seem very unfair. Understanding how ALS works is essential if you or someone you love is facing an OVI (Operating a Vehicle Impaired) charge.
What triggers an Administrative License Suspension?
In Ohio, an ALS is imposed when one of two conditions is met:
- You refuse a chemical test (breath, blood or urine) after being arrested on suspicion of OVI.
- You take the required chemical test and fail (meaning your results show a blood-alcohol concentration over the legal limit).
In either case, the arresting officer can immediately confiscate your license and notify the Bureau of Motor Vehicles (BMV) – which means your driving suspension takes effect on the spot. This is a civil, administrative penalty, so it is entirely separate from anything that may happen in criminal court.
It’s important to understand that ALS is an administrative action by the BMV that starts immediately after an OVI arrest – not an action by the criminal justice system. Any suspension ordered by the court as part of the criminal case associated with your OVI will come later (although the time you serve under ALS usually counts toward any court suspension).
How long does an ALS last? Can you still drive at all?
The length of an ALS depends on whether you failed the test or refused it, and whether you have prior OVI history. In general, you can expect:
- Failed test (first offense): 90-day suspension
- Failed test (second offense within 10 years): one year
- Refusal (first offense): one-year suspension
- Refusal (second offense): two years
Multiple offenses or refusals can lead to suspensions that can last from two to five years, and refusing a chemical test often results in longer suspensions than failing it.
A suspension doesn’t always mean you’ll be completely unable to drive. Ohio law allows for limited driving privileges, which may cover work, school, or medical needs. However, these are not automatic – you have to request these privileges from the court. Even then, there is a waiting period before privileges can begin, ranging from 15 to 30 days (or longer, for repeat offenses). You may also be subject to additional conditions, like a special license plate and an ignition interlock device – which may also come with extra expenses.
Can an ALS be appealed?
Yes – but you have to act quickly. You generally only have a maximum of 30 days or until your first court appearance to appeal. An appeal doesn’t guarantee anything, either. The court will review things like:
- Whether the officer had probable cause to stop and arrest you in the first place
- Whether you were properly advised of the consequences of refusal or failure in regards to the chemical testing
- Whether the paperwork for your ALS was completed correctly
If the judge finds flaws in the process, your license could be reinstated.
An ALS has significant real-life consequences, affecting your ability to work, do basic tasks for your family and meet other obligations. Because the suspension starts immediately, many drivers are caught completely off guard and don’t even realize they have options to challenge it. That makes it essential to reach out for legal guidance as quickly as possible.