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Administrative License Suspension Chart – Ohio Driving under the Influence Law 2003 Edition
Administrative License Suspension
Arrest

  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.
    • 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.
      • Positive Test Suspension
      No Prior Conviction 90 Days
      One Prior Conviction 1 Year
      Two Prior Convictions 2 Years
      More than Two Prior Convictions 3 Years

      Refusal Test Suspension
      No Prior Refusal 1 Year
      One Prior Refusal 2 Years
      Two Prior Refusals 3 Years
      More than Two Prior Refusals 5 Years

    • 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:

Positive Test Suspension

No Prior Conviction After 15 days
One Prior Conviction After 30 days
Two Prior Convictions After 180 days; Interlock Required
More than Two Prior Convictions After 3 Years; Interlock Required

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 privileges.

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.