After a person has received an Operating a Vehicle Impaired (OVI) charge, they will have their driver’s license suspended during the time that the case is pending before the court through an Administrative License Suspension—or ALS.
If you are arrested for OVI and submit to a chemical test with the results being above or at the legal limit, your license will be immediately suspended for at least 90 days. If you refuse to take a chemical test upon the arrest, your license will be suspended for one year.
If a person has had multiple OVI offenses, the severity and length of the license suspension will increase.
Driving During Suspension
During the immediate suspension—if you submitted to a chemical test—you will have no driving privileges for the first 15 days, at least. If you refused chemical testing, you will not be eligible for any limited driving privileges for 30 days. That period of initial waiting is called the “hard suspension.”
Once you are eligible for limited driving privileges, a court may grant you privilege for driving to work, for medical reasons, educational reasons, and vocational purposes. The limited driving privileges will be in effect for the entire duration of your suspension. You can also request the court to grant you driving privileges to take a driver’s examination and attend court-ordered treatment meetings.
Appealing an ALS
You can file an appeal to challenge the ALS ruling. The appeal must be filed within 30 days of the initial appearance, which is held within five days of your OVI arrest.
As long as the arresting officer followed the appropriate legal procedures regarding the OVI arrest, the ALS suspension is seen as valid and you will have to prove the ALS was unjustly applied. If you can successfully prove the ALS was unwarranted, the court will declare it void and terminate your suspension.
If you have been arrested for an OVI and received an ALS, contact The Farrish Law Firm, L.P.A. in Cincinnati to speak with their OVI defense attorneys.
Conviction Suspension
After an ALS is imposed by the police officer—on behalf of the BMV administrative agency—the Conviction Suspension comes next. The initial ALS is entirely separate from the judicial process. If you are found guilty of drinking and driving—along with possible jail time and expensive fine—your license may be suspended for up to three years, including the initial ALS suspension.
Getting Your License Back
Once the ALS and all other suspension periods are over, you will not have your license returned. You will be able to obtain a new license, but you’ll have to pay a reinstatement fee of $475. You will also have to provide proof that you have valid vehicle insurance.
<spanTypically, ALS suspensions are terminated as part of an OVI case, so It is wise to seek legal counsel before you pay the hefty reinstatement fee. Cincinnati’s OVI attorneys at The Farrish Law Firm, L.P.A. can help make sure you’re not paying anymore than you should be.
If you are in trouble for driving under the influence in Cincinnati, Ohio, The Farrish Law Firm, L.P.A. can help. Their OVI defense attorneys can examine all the facts of your case and determine whether or not there are any grounds on which to fight the charges. They will also help you regain any lost driving privileges as soon as possible. Contact The Farrish Law Firm, L.P.A. today to get started.
