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

An administrative license suspension may be appealed at the initial appearance (5 day hearing), or within 30 days of the same. The scope of appeal is limited to determining whether one or more of the following conditions have not been met:

1. Whether the officer had reasonable ground to believe the person was OVI, OVUAC, or in physical control in violation of statute or municipal ordinance, and whether the person was in fact placed under arrest. RC 4511.197(C)(1).

2. Whether the officer requested the person to submit to chemical test or tests. RC 4511.197(C)(2).

3. Whether the officer informed the person of consequences of taking or refusing test or tests; or for repeat OVI offender that would be required to be sentenced under RC 4511.19(G)(1)(c), (d), or (e), tha 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).

4. Whichever of the following applies:

  • a. if a test refusal suspension was imposed, whether the person refused to submit to test or tests requested by the officer,
  • or b. 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.