Administrative License Suspension Chart – Ohio Driving under the Influence Law 2003 Edition
Administrative License Suspension
- 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.
- 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.
- If test under .08 or if no test, officer seizes license and sends to court for possible judicial pretrial suspension.
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
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.