Your license will be placed under an ALS (Administrative License Suspension) in two situations: 1) if you refuse a chemical test, or 2) if you fail a chemical test (i.e. test over the legal limit of .08% whole blood).

The length of the suspension will depend on several factors.  In a refusal situation, the suspension's length will be based on the number of refusal or offense in the past 6 years.  In a failed test situation, the suspension's length will be based on the number of the offense in the past 6 years.  For example, if you refuse a chemical test, and this is your first refusal or offense, the ALS will last 1 year.  If you fail a chemical test, and this is your first offense, the ALS will last 90 days.

However, just because your license has been placed under an ALS, there is the possibility of an appeal that may result in a stay (restorating of your ability to drive during the pendency of your case).  Further, even if a stay is not granted or pursued, limited driving privileges (work, school, etc.) may be granted by a judge on a discretionary basis once the "hard" portion of the ALS has expired.  No privileges may be granted during the "hard" portion.  For example, in a first-time refusal situation, the "hard" portion lasts for 30 days, and you will not be aligible for limited driving privileges until those 30 days are up.  In a first offense failed test situation, th "hard" portion lasts for 15 days, and you will not be eligible for limited privileges until those 15 days are up.

It is also important to remember that an ALS is distinct from any court suspension that a judge may impose upon an OVI conviction.

The attorneys at Heckert & Associates recognize that the ALS, as with almost every other aspect of OVI law in Ohio, is complex.  For this reason, it is imperative for anyone charged with an OVI offense to seek counsel who is familiar with Ohio OVI laws.