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.
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