Administrative License Suspension Chart - Ohio Driving under the Influence Law 2003 Edition Administrative License Suspension
1. Arrest based upon reasonable grounds to believe defendant was in violation of
R.C. 4511.19 or similar city ordinance upon a highway or a public or private property
used for public vehicle travel or parking.
2. Officer asks defendant to submit to test(s) and provides and reads implied
consent form implicating consequences of over .08 BAC or a refusal.
- A. If Arrestee tests over .08 BAC or refuses test, officer serves notice of suspension, effective immediately, and seizes license. Notifies defendant of
appeal rights and sends license to Bureau along with a sworn report containing
all the above. Also sends sworn report to court. ALS takes effect immediately,
and is as follows.
- B. If test under .08 or if no test, officer seizes license and sends to court for
possible judicial pretrial suspension.
Arraignment - 5 Day Hearing
1. Appeal of Suspension
- Defendant files written request for hearing at 5-day hearing, in court where person will appear for criminal charges.
- Appeal does not stay Suspension.
A. Scope of Hearing
- Was there an arrest and reasonable grounds for the same?
- Was there a proper reading of implied consent form?
- Was there a refusal or a proper positive test result?
Court may uphold or terminate suspension.
2. Petition for Occupational Driving Privileges
- Defendant files petition in common pleas court, municipal court, county court, mayor's court, or juvenile court with jurisdiction over the related criminal or juvenile case.
A. Scope of Hearing
- Whether reasonable grounds to believe the suspension would seriously affect
the person's ability to continue his/her employment. If so, court may grant occupational privileges as follows:
Refusal Test Suspension
No Prior Refusal
After 30 Days
One Prior Refusal
After 90 Days
Two Prior Refusals
After 1 Year
More than Two Prior Refusals
After 3 Years
Court gives a person a permit card containing all conditions of
Court provides information of its decision to the Bureau.
Disclaimer: This chart is provided as a general guideline to the process. It is not intended to represent or replace legal representation. For more information, please seek appropriate legal counsel.
Why Choose Us?
- Free Consultations 24 Hours A Day
- Over 30 Years Of DUI Defense Experience
- Member of the National College of DUI Defense
- Life Member of the National Association of Criminal Defense Lawyers
- Regarded As The Dean Of DUI Defense In The Miami Valley
- A leader in the development of new case law in the DUI field
- Regarded as the Dean of DUI in Southern Ohio
- Don't be ashamed to call for free information and advice. We want to help you understand the affects of your charges on your life.
Please consult an attorney for advice about your individual situation. This site and its information is not legal advice, nor is it intended to be. Feel free to get in touch by electronic mail, letters or phone calls. Contacting us does not create an attorney-client relationship. Until an attorney-client relationship is established, please withhold from sending any confidential information to us.