Adam G. Burke is a top Columbus criminal defense attorney. He represents clients in federal and state courts in Columbus, Ohio and surrounding areas. He has successfully defended men and women facing serious felony and misdemeanor charges.
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Ohio Administrative License Suspension Attorney
If you have been issued an ALS in any of the surrounding areas in Ohio, it is important to hire an attorney to defend your rights. OVI laws can be confusing and Attorney Adam Burke is experienced in defending clients who have been charged with an OVI. Call Attorney Adam Burke today at (614) 280-9122 for your free consultation.
Ohio Administrative License Suspension
An Administrative License Suspension (ALS) is a driver’s license suspension that can be imposed, before any court involvement, on individuals charged with Operating a Vehicle Impaired (OVI).
If you submit to a chemical test when you are arrested for an OVI and your results are at or above the legal limit, your license will be immediately suspended for 90 days. No driving privileges can be granted for the first 15 days.
If you refuse to submit to a chemical test, your license will be immediately suspended for one year and you will not be eligible for limited driving privileges for the first 30 days. The amount of time for the suspension varies depending on whether you have more than one OVI offense.
Ohio Administrative License Suspension FAQs
Q: Can I drive during the suspension?
A: You may be granted limited driving privileges after the appropriate waiting period. After the waiting period ends, a court may grant you driving privileges for the remainder of your suspension for only limited purposes, such as employment, medical, educational, and vocational purposes. Additionally, the court may grant you driving privileges to attend court-ordered treatment and to take a driver’s examination.
Q: Can I challenge an ALS?
A: Yes. You must file an appeal within 30 days of the initial appearance, which is held within five days of your arrest. A hearing on your appeal may take place at the initial appearance or at any time thereafter.
Q: How do I get my license back when the ALS suspension period is over?
A: Your license will have been destroyed, but you can get a new license once you pay a reinstatement fee of $475 to the BMV and show proof that you have car insurance. Generally, the ALS is eliminated as part of your OVI case.
If you do not have the full $475 reinstatement fee when your ALS is over you can enter into a Reinstatement Fee Plan with the BMV. Under this plan, you can pay $50 a month toward the reinstatement fee until it is paid in full.
Q: If I am found not guilty of the OVI offense, does the ALS end?
A: If you submitted to a chemical test, the ALS will be terminated if you are found not guilty of the OVI. Most judges will terminate the ALS if the prosecution asks the judge to dismiss the OVI charge, but some judges will not terminate the ALS without a “not guilty” finding by a judge or a jury after trial.
If you refused to submit to a chemical test, the ALS will remain in effect even if your OVI charge is dismissed or you receive a “not guilty” verdict. If you refused to submit to a chemical test, the only way your ALS can be terminated is if the court declares the ALS void or you win your appeal. 1
Burke, Meis & Associates — Columbus, Ohio Administrative License Suspension Lawyer
Laws dealing with OVIs and administrative license suspensions can be confusing and it is in your best interest to secure the services of a competent criminal attorney to defend you. If you have received an administrative license suspension in Columbus or any of the surrounding areas in Ohio, contact Attorney Adam Burke of Burke, Meis & Associates now for your free consultation at (614) 280-9122.