Administrative License Suspension (ALS) in
Ohio: How to Appeal and Get Your License Back
When you face an administrative license suspension in Ohio, an experienced defense attorney from Gounaris Abboud fights to preserve your driving rights.
50+
Years Combined
Experience
95%
Success
Rate
400+
Google
Reviews
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 “Implied Consent” Means for Ohio Driver
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 ALS suspension.
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 |
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 |
Call Now for Immediate ALS Defense
An Ohio administrative license suspension starts the moment of your arrest. Challenge it immediately by contacting an experienced ALS defense attorney.
Limited Driving Privileges During an ALS
Whether you challenge the suspension or not, you may be eligible for limited driving privileges. You can 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.
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 ALS suspension terminated.
Finally, the ALS can expire naturally. After it expires, 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 BMV
The reinstatement fees can be substantial. Additionally, you may have difficulty obtaining insurance after your arrest.
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 ALS remains in place, we can fight for limited driving privileges so you can continue to support your family and participate in your defense.
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 ALS 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 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 navigating 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.
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 attorney 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 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.
Contact our attorneys to learn how we can help you
24/7 Availability
Free Consultation
Personalized Legal Strategy
Frequently Asked Questions About
Administrative License Suspensions
The length of an ALS depends on whether you failed or refused the chemical test, and whether you have prior OVI offenses. For a first-time failure, the suspension is 90 days. For a first-time refusal, the suspension is 1 year. Repeat offenses or refusals within a 10-year period will significantly increase the suspension length, up to 3 years.
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.
Driving while under an ALS 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 vehicle.
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.