ADMINISTRATIVE  LICENSE SUSPENSION  (ALS)  DEFENSE

If you were just arrested for OVI in Ohio, your license may already be suspended — before any court has heard your case. Here is what you need to know, and how to fight back.

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​What Is an Administrative License Suspension?

 

When a police officer arrests you for OVI (Operating a Vehicle under the Influence) in Ohio and you either refuse to submit to a chemical test (breath, blood, or urine) or test over the legal limit, the officer is authorized under R.C. 4511.191 to suspend your driver's license on the spot.   This is called the Administrative License Suspension, or ALS.

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The ALS is a civil, administrative action — separate from the criminal OVI charge itself.  Courts have consistently held that it is a "remedial" measure, not a criminal punishment, which is how the state justifies imposing it before any conviction or hearing.

 

As a result, your license can be taken before you have had any opportunity to contest the matter in front of a judge.  Ohio drivers have long challenged this as fundamentally unfair, and the double jeopardy implications of an ALS combined with a criminal conviction remain a meaningful legal argument in the right circumstances.

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The officer will typically confiscate your physical driver's license and give you a yellow piece of paper — BMV Form 2255 — which serves as a temporary driving permit for a limited period, and as official notice of the suspension.  The BMV Form 2255 is also the document your attorney will scrutinize closely when building a challenge to your ALS.

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Ohio's Implied Consent Law

 

The ALS is rooted in Ohio's implied consent law, codified at R.C. 4511.191.  The premise is simple: driving on Ohio's roads is a privilege, not a right.  In exchange for that privilege, every driver implicitly agrees — by obtaining a license — to submit to chemical testing if law enforcement has reasonable grounds to believe the driver is impaired. 

 

This implied consent extends to all driving on highways, public property, private property open to the public, and even to situations involving physical control of a vehicle.

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When you refuse a test, you are deemed to have violated the terms of your license.  The consequence is an immediate, officer-imposed suspension — the ALS.  Ohio law does not give you a choice about which type of test to submit to; the officer selects the test. 

 

An inability to complete the test (for example, due to a legitimate medical condition such as diminished lung capacity) is not necessarily treated as a refusal, but you need an attorney to make that argument effectively.

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How Long Is the ALS? Suspension Length Charts

 

If You Refused the Chemical Test

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Refusal suspensions under R.C. 4511.191(B) are determined by your prior OVI convictions and test refusals within the preceding ten years:

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Prior OVI History (Last 10 Years)ALS LengthHard Time (No Privileges)License Class

No prior OVI convictions or refusals1 year30 daysClass C

1 prior OVI conviction or refusal2 years90 daysClass B

2 prior OVI convictions or refusals3 years1 yearClass A

3 or more prior OVI convictions or refusals5 years3 years—

 

Note (HB 37 — 2025 Update): If this is a first-offense refusal but you have a prior physical control conviction, the hard-time suspension is now enhanced to 90 days, and an ignition interlock device is mandatory.  Previously, no such enhancement existed for physical control priors.

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If You Took the Test and Were Over the Legal Limit

If you submitted to testing and the result showed a BAC of .08 or above (or the applicable drug concentration limit), the suspension lengths under R.C. 4511.191 are generally shorter than for a refusal — the law intentionally incentivizes cooperation:

Prior OVI History (Last 10 Years)ALS LengthHard Time (No Privileges)

No prior OVI convictions or refusals90 days15 days (may be waived — see below)

1 prior OVI conviction or refusal1 year45 days + interlock required

2 prior OVI convictions or refusals2 years180 days + interlock required

3 or more prior OVI convictions or refusals3 yearsVaries

HB 37 Update — First Offense Hard Time Waiver: Under the new 2025 law, for a first-offense test over the limit, the 15-day hard suspension may now be waived by the court, and limited driving privileges can be granted immediately. However, if there is a prior physical control conviction, the hard time is enhanced to 45 days, and an ignition interlock is required.

Special Rules for CDL Holders

Commercial Driver's License (CDL) holders face significantly harsher consequences. A refusal of a chemical test while operating a commercial vehicle results in a one-year CDL disqualification for a first offense. A second refusal at any time in the driver's lifetime results in a lifetime CDL disqualification. No limited driving privileges may be granted for the CDL during a disqualification period. R.C. 4506.17(D), (E).

Limited Driving Privileges During an ALS

After serving the required hard-time period, a court may grant limited driving privileges for specified purposes. Courts have broad discretion over what privileges are granted. Commonly approved purposes include:

• Work or occupational purposes

• School or educational activities

• Medical or healthcare appointments

• Grocery, household necessities, personal errands

• Childcare or children's activities

• AA / NA meetings or court-ordered treatment

Less commonly granted — but sometimes obtained — are privileges for church, recreation, coaching, and similar activities. Privileges often come with conditions such as an ignition interlock device (IID) requirement, proof of SR-22 insurance, and restricted hours or geographic areas.

Important Rule — Three or More Refusals: Under R.C. 4510.13(A)(3), if you have had three or more test refusals within the preceding six years, no driving privileges may be granted on a new refusal suspension.

What Happens to the ALS Once the Criminal Case Resolves?

The ALS and the criminal OVI case run on separate tracks, but they interact in important ways:

• Guilty or no contest plea leading to OVI conviction: The ALS terminates, and the time already served under the ALS is credited against any judicial license suspension that is imposed as part of the criminal sentence. R.C. 4511.191(B)(2).

• Acquittal (not guilty verdict): A not guilty verdict does not automatically lift the ALS. The suspension continues independently unless it is separately challenged and set aside. R.C. 4511.191(D)(1).

• ALS appeal granted (suspension set aside): The ALS ends. However, the court may impose a judicial pretrial suspension if it finds that your continued driving poses a threat to public safety.

Challenging and Appealing the ALS

Ohio law gives your attorney the right to request an ALS appeal hearing before the court handling your OVI case. You must act quickly — the appeal must typically be filed within 30 days of arraignment. At the hearing, the court examines whether the suspension was properly imposed. Ohio law establishes four main grounds on which a court can set aside an ALS:

• No probable cause for the arrest. The officer lacked reasonable grounds to arrest you for OVI in the first place.

• Implied consent warnings not properly given. The officer failed to properly inform you of the consequences of refusing under Ohio's implied consent law.

• No actual refusal. You did not meaningfully refuse the test — for example, a legitimate medical condition (such as reduced lung capacity) prevented completion, or there was an equipment malfunction.

• Test result was under the legal limit. You submitted to testing and the result was at or below the legal threshold.

Beyond those four statutory grounds, experienced OVI defense attorneys scrutinize the BMV Form 2255 itself for procedural defects that can support a motion to set aside the ALS. Common issues include:

• The officer failed to check the box confirming the license was "placed under an Administrative License Suspension"

• The officer did not properly swear to or attest to the statements on the form

• The BMV did not receive a properly notarized copy of the form

• Alterations or changes were made to the form after it was given to you but before it was filed with the court

Reinstating Your License After an ALS

Once your ALS has expired or been set aside, reinstating your license requires satisfying several conditions:

• Payment of the BMV reinstatement fee — reduced from $475 to $315 under HB 37 (2025)

• Proof of current automobile insurance (often SR-22 filing)

• Completion of any ignition interlock requirements, if applicable

• Satisfaction of any other conditions imposed by the court

New in 2025: Oral Fluid Testing

House Bill 37 authorized a significant expansion of Ohio's chemical testing toolkit. Ohio law enforcement officers are now authorized to conduct oral fluid (saliva swab) tests when they have probable cause to believe a driver is impaired. The officer swabs the inside of the driver's cheek and tongue; the sample is then analyzed for the presence of alcohol, controlled substances, and metabolites.

Oral fluid test results can be used both as grounds for an OVI arrest and as evidence at trial. Critically, refusing an oral fluid test triggers the same ALS implied consent consequences as refusing a breath, blood, or urine test. This is an entirely new exposure point for Ohio drivers that did not exist before 2025.

Why You Need an Experienced OVI Attorney Immediately

The ALS clock starts running the moment of your arrest, and the window to file an effective appeal is narrow. An experienced OVI defense attorney can:

• File an ALS appeal immediately at or after arraignment to preserve your right to challenge the suspension

• Request a stay of the ALS while the appeal is pending, potentially allowing you to continue driving

• Obtain limited driving privileges during the hard-time period where permitted by law

• Scrutinize the BMV Form 2255 for procedural errors that can result in the suspension being set aside entirely

• Coordinate the ALS challenge with the criminal defense strategy, since the two cases are related

• Advise you on the test-or-refuse decision in light of your specific history and circumstances — a decision that can have years-long consequences

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The Ohio Legal Group has attorneys experienced in OVI defense practicing in Sandusky, Cleveland (Mayfield Heights), and Delaware, Ohio.  We handle ALS challenges and OVI defense in Erie County, Cuyahoga County, Delaware County, Huron County, Ottawa County, Lorain County, and surrounding courts.