Dayton Administrative License Hearing Lawyer

Your Advocates for Ohio ALS Defense

You can face an ALS suspension in Ohio even when you avoid or overcome DUI charges. An ALS suspension makes it more difficult for you to commute to work, pick up your children from school, and even shop for groceries. However, there may be a way to preserve your driving privileges.

The attorneys at Gounaris Abboud have over 50 years of legal experience fighting for the rights of the accused. Whether you face a license suspension for DUI or for refusing a breathalyzer test, we fight to preserve your right to drive.

Contact Us Now to discuss your case and learn about the potential defenses we can present.

What Is an Administrative License Suspension in Ohio?

An administrative license suspension is separate from any criminal penalties you face for an OVI charge. It is an administrative proceeding handled by the Ohio Bureau of Motor Vehicles, not a criminal court. This distinction matters because you can lose your driver’s license even if your criminal case is later dismissed or you are found not guilty at trial.

In Dayton and throughout the Ohio area, a driver’s license suspension can begin the moment of your arrest. This immediacy catches many people off guard. A Dayton ALS lawyer who understands both criminal defense and administrative proceedings can address both issues at the same time so nothing is missed.

Police must schedule a preliminary hearing within 5 days of an ALS being issued. You must request a hearing within 30 days of your suspension, or you lose the right to appeal. Acting quickly by contacting a lawyer is one of the most important steps you can take after an arrest.

What “Implied Consent” Means for Ohio Drivers

Every U.S. state has an implied consent law. In most states, this law means you agree to alcohol testing as a condition of your driver’s license. If you refuse a test requested by a police officer, you have violated the conditions of your license, and the state can suspend it.

Ohio goes a step further. Under R.C. § 4511.19(c), you implicitly consent to chemical testing any time you drive on highways, public property, or private property, and any time you have physical control of a vehicle. If you refuse, you face an Ohio administrative license suspension.

Refuse chemical testing and the consequences begin immediately. When an individual refuses a breath test or blood test, Ohio law treats this as a violation of the implied consent agreement. A subsequent refusal within the prior 10 years results in a significantly longer administrative license suspension period than a first refusal.

Ohio ALS Suspension Periods

The length of an administrative license suspension in Ohio depends on the reason for the suspension.

For Chemical Test Refusals

The state can suspend your driver’s license from the time of your refusal as follows:

Prior Refusals in the Preceding 10 Years	Suspension
None	One year
One	Two years
Two	Three years
Three or more	Five years

Prior refusals within the past 10 years increase the administrative license suspension period dramatically. A subsequent refusal after even one prior refusal means a two-year license suspension. These escalating penalties make it all the more important to fight every ALS you face with help from a criminal defense lawyer.

For Failed Chemical Tests (Over the Legal Limit)

The state can also suspend your driver’s license for OVI convictions as follows:

DUI Convictions in the Preceding 10 Years	Suspension
None	Three months
One	One year
Two	Two years
Three or more	Three years

DUI convictions that stack within a 10-year period result in longer license suspensions and additional penalties. Even a single failed chemical test can trigger a 90-day administrative license suspension before any criminal conviction is entered. A Dayton lawyer can appeal this suspension while your OVI case is still pending.

Limited Driving Privileges During an ALS

Whether you challenge the suspension or not, you may be eligible for limited driving privileges. You can apply for limited driving privileges within 30 days of your suspension. Petition the court handling your OVI case to allow you to drive for the following purposes:

• Work or school
• Medical appointments
• A driver’s license exam
• Court-ordered treatment
• Court appearances for the OVI case
• Taking a minor child to childcare, preschool, or school

If the court grants your request, the judge will specify the locations, times, and reasons you may drive. A violation of these restrictions can lead to a charge of driving without a license. The court can also impose additional restrictions, including an ignition interlock device on your car or a continuous alcohol monitor on your body.

Limited driving privileges are not automatic. A lawyer must file the proper request with the court and show the judge that your driving is needed for legitimate purposes. In the Dayton area and in surrounding communities like Huber Heights, our law firm regularly secures limited driving privileges for clients so they can keep their lives running while their license suspension is pending.

ALS Reinstatement Requirements

The ALS begins immediately upon arrest. The arresting officer informs the BMV using ALS BMV Form 2255. Your ALS ends, and a judicial license suspension begins if you plead guilty or are convicted of OVI.

You can end the suspension earlier by filing an ALS appeal in Ohio with the court overseeing your OVI case. The court will conduct an ALS hearing to examine whether the arrest was proper and whether you were warned about Ohio’s implied consent law. If you prevail in the hearing, you will have your administrative license suspension terminated.

Finally, the ALS can expire naturally. The reinstatement fee in Ohio is $475. After expiration, you must meet the following requirements to get your license back:

• Pay a reinstatement fee
• Obtain auto insurance
• Provide proof of insurance and an SR-22 to the Ohio Bureau of Motor Vehicles

How Our Attorneys Navigate Your ALS Case

Every case is unique. However, Ohio law gives our attorneys several ways to challenge a suspension. We start by understanding the facts of the case. Then, we gather records and evidence to support your contentions.

We examine the arrest and your interactions with the officer. If we successfully challenge the traffic stop, the court can dismiss the OVI case. If the officer failed to warn you about the implied consent law or request a chemical test, a judge can reverse the ALS, although your OVI case may continue.

In cases where the administrative license suspension remains in place, our criminal defense lawyers can fight for limited driving privileges so you can continue to support your family and participate in your criminal defense. A lawyer’s experience in administrative hearings may differ from their experience in criminal cases, which is why our law firm specifically focuses on both administrative proceedings and criminal trial work so you have complete coverage.

Ohio 2025 OVI laws impact ALS

In April 2025, Ohio increased the penalties for OVI charges, and the new law changed how Ohio Courts will handle administrative license suspensions as well as granting driving privileges during the pendency of the OVI charge. Previously, those charged with a first-time OVI who performed a chemical test were provided occupational driving privileges after 15 days.

However, the new law provides that the 15-day “hard time” suspension may be waived if the person was never convicted of a physical control (typically a reduced OVI) and submitted to a chemical test in the pending case. However, if the person has a prior physical control violation within 10 years, then no driving privileges will be available for the first 45 days after the date of the incident AND an interlock is required.

Finally, if a person refuses to consent to a chemical test, they will be placed on a 1-year administrative license suspension. If this is the first refusal, then driving privileges will be ordinarily granted after 30 days. However, if the person has a physical control conviction within the past 10 years, then no privileges will be available for 90 days and an interlock will be required.

Do Not Fight the BMV Alone

Appealing an ALS is a highly technical process. It requires cross-examining police officers, subpoenaing calibration records, and handling complex BMV regulations. It is not something you should attempt without an experienced criminal defense attorney.

At Gounaris Abboud, LPA, our former prosecutors understand exactly how the state builds these administrative cases, and we know how to dismantle them. We will fight aggressively to terminate your suspension, secure your driving privileges, and protect your future.

You can appeal an ALS within 30 days after arrest, and a hearing must occur within five days of ALS issuance. Our law firm moves quickly to protect your rights within these tight windows. Notice of your appeal must be filed properly to request a hearing before a judge in the court handling your OVI matter. Missing these deadlines can mean losing the right to challenge your administrative license suspension entirely.

To discuss your ALS appeal, schedule a free consultation or contact us now at (937) 222-1515. Our FREE Case Analysis is completely confidential.

Why We Excel at Administrative License Suspension Cases

Choosing the right lawyer could make a difference in your ALS case. Some benefits include:

• Experience matters, and our attorneys have over 50 years of combined legal experience
• We have a 95% success rate in obtaining positive outcomes in Ohio criminal cases
• Our law firm provides compassionate representation regardless of your charges
• We have practiced for decades in Ohio and know its laws and court procedures
• We prioritize communication with our clients and keep you informed about your case status
• We understand the stakes you face when your license is suspended and provide dedicated and aggressive representation

Our Dayton law firm serves clients throughout the Ohio area, including Huber Heights and surrounding communities. When you contact us for a free consultation, you work with experienced attorneys and criminal defense lawyers who handle both administrative proceedings and OVI criminal defense matters from the same initial appearance through trial if needed.

Frequently Asked Questions About
Administrative License Suspensions

How long does an administrative license suspension last in Ohio?+

The length of an ALS depends on whether you failed or refused the chemical test, and whether you have prior refusals or OVI offenses. For a first refusal, the suspension is one year. For a first failed test, the suspension is 90 days. Repeat offenses or prior refusals within a 10-year period will significantly increase the administrative license suspension period, up to 5 years for prior refusals and up to 3 years for prior DUI convictions.

Can I get driving privileges during an ALS in Ohio?+

Yes, but not immediately. You must serve a mandatory “hard suspension” period first, ranging from 15 days to 1 year, depending on your offense history and whether you failed or refused the test. After the hard suspension, a judge may grant you limited driving privileges for work, school, or medical purposes, often with conditions like an ignition interlock device on your car. You can apply for limited driving privileges within 30 days of your suspension by filing a request with the court.

What happens if I drive while under an Administrative License Suspension?+

Driving while under an administrative license suspension is a serious criminal offense in Ohio, known as Driving Under OVI Suspension. If caught, you face mandatory jail time (minimum 3 days), additional fines, a longer license suspension, and the potential immobilization or forfeiture of your car.

Should I refuse a chemical test during an OVI stop in Ohio?+

Refuse chemical testing, and you will face an automatic administrative license suspension that is longer than the suspension for a failed chemical test. A first refusal triggers a one-year license suspension. A subsequent refusal within 10 years means two or more years of license loss. That said, the decision depends on the specific facts of your situation. Speaking to a Dayton lawyer before making any statements or decisions at the scene is always the best approach when possible.

What is the reinstatement fee after an Ohio ALS?+

The reinstatement fee in Ohio is $475. After the administrative license suspension period ends naturally or through a successful appeal, you must pay the reinstatement fee, obtain auto insurance, and provide proof of insurance and an SR-22 to the Ohio Bureau of Motor Vehicles before you can legally drive again. Our law firm can help you request reinstatement and ensure all paperwork is filed correctly with the BMV.

How do I appeal an administrative license suspension in Ohio?+

You can appeal an ALS within 30 days after your arrest by filing with the court handling your OVI matter. The court will then schedule a hearing that must occur within five days of the ALS being issued. At the hearing, a judge reviews whether the arrest was lawful, whether the police officer followed proper procedures, and whether you were given proper notice about Ohio’s implied consent law. A criminal defense lawyer from our law firm can handle every step of this appeal process on your behalf. Contact us today to get started.

Resources

Ohio’s OVI and implied consent laws are long and complex. You can find information at these important resources:

Administrative License Suspension (ALS)

The Ohio Bar explains administrative license suspensions and outlines some options for dealing with them.

Ohio BMV

While the Ohio BMV does not handle ALS hearings or appeals, it does process reinstatements and provide driver’s license status checks so you know when your suspension has ended.

Dayton Municipal Court

The city court in Dayton handles misdemeanor and traffic court cases, as well as violations of city ordinances.