Appeal Of Administrative License Suspension [R.C. 4511.197]

An administrative license suspension (ALS) must be appealed at the initial appearance (5 day hearing), If your license has been suspended, this means you may be able to protect your driving privileges, but you must act within the statutory filing time. The Wieczorek Law Firm is available to help you with your ALS case and can represent you at the hearing. Contact us 24/7 for a free case review.

Why Your Driver’s License May Be Suspended 

In Ohio, your driver’s license can be suspended for many different reasons, including:

  • Failure to maintain insurance – Ohio law requires all motorists to maintain mandatory minimum liability insurance for any harm they cause because of their own negligence. If a driver is found to be operating a vehicle without proof of insurance,  their driver’s license can be suspended.
  • Traffic violations – In Ohio, your license can be suspended if you accumulate 12 or more points. You can receive points for speeding, failing to yield, disobeying a traffic control device or other infractions. If you accumulate 12 or more points within two years, you will be subject to an automatic six-month suspension.
  • Driving under the influence of drugs or alcohol – Drivers who are arrested for suspicion of drunk or drugged driving (OVI) face a potential administrative license suspension if they refuse a chemical test or the results of a chemical test are over the prohibitive per se amounts.
  • Refusing to submit to testing – Drivers in Ohio provide their informed consent to submit to a chemical breath, urine, or blood testing if they are subject to a valid OVI stop. If they refuse testing at the time of such a stop, they are subject to an automatic administrative license suspension.
  • Not paying financial obligations – A person’s driver’s license can be suspended for not paying court-ordered child support. The license remains suspended until the obligated parent is no longer in arrears and reinstates their license. A driver’s license can also be suspended for failure to pay court-ordered fines or certain other financial obligations.
  • Failure to display license – If a person is stopped by a police officer, they are required to provide their driver’s license and proof of insurance. If they refuse to display their license, they can be charged with an unclassified misdemeanor and could potentially be subject to a license suspension, but this is more likely to occur if failure to display is tied to another license-related offense.
  • Failure to reinstate – After a person’s driver’s license is suspended, they cannot legally drive until they pay to have their license reinstated and complete all of the steps necessary for reinstatement after the suspension period is over. Driving on a suspended license is an offense that can subject you to criminal penalties.

If you’d like to learn more about your legal rights and options following a driver’s license suspension, contact a knowledgeable attorney for assistance.

ALS Process

The most common reasons for an ALS appeal are for OVI and failure to submit to testing or the subject tested over the prohibited per se amount of alcohol and / or drugs. The scope of an appeal for OVI or failure to submit to testing is limited to determining whether one or more of the following conditions have not been met:
  • Whether the officer had reasonable grounds to believe the person was OVI, OVUAC, or in physical control in violation of a statute or municipal ordinance, and whether the person was in fact placed under arrest. RC 4511.197(C)(1).
  • Whether the officer requested the person to submit to chemical test or tests. RC 4511.197(C)(2).
  • Whether the officer informed the person of the consequences of taking or refusing test or tests; or for repeat OVI offenders that would be required to be sentenced under RC 4511.19(G)(1)(c), (d), or (e), the tin event of test refusal officer could use whatever reasonable means were necessary to ensure the person submitted to a blood test. RC 4511.197(C)(3).
  • Whichever of the following applies:
    • if a test refusal suspension was imposed, whether the person refused to submit to test or tests requested by the officer,
    • if a failed test suspension was imposed, whether at the time of the offense, the bodily substance tested contained a prohibited concentration of alcohol or a listed controlled substance or metabolite.

An experienced lawyer can represent you at the hearing, examine witnesses, present evidence, and argue your position.

Contact an Experienced ALS Lawyer for Help

If your license was suspended, an experienced lawyer from The Wieczorek Law Firm can help with your administrative license suspension hearing. Don’t delay. Take action now to protect your rights. Contact us today for a free case review.