Administrative License Suspension Hearing Lawyer in Cincinnati, OH

If you are arrested for operating a vehicle under the influence of alcohol or drugs (OVI) in Ohio, you may be notified that your driver’s license has been suspended. This suspension is not a criminal penalty but an Administrative License Suspension (ALS). This civil penalty is imposed and administered by the Ohio Bureau of Motor Vehicles (BMV). Because the suspension begins immediately, it is crucial to act fast—you have limited time to request a hearing to challenge your ALS.

Contact an experienced administrative license suspension hearing defense lawyer at Luftman, Heck & Associates at (513) 338-1890 to discuss your case.

What Is Ohio’s Administrative License Suspension (ALS)?

In Ohio, an ALS is an immediate suspension of your driving privileges following an OVI arrest. This suspension is separate from the criminal case and is triggered by the arresting officer’s sworn report. The BMV enforces the ALS based on one of two conditions:

1. You failed a chemical test by testing over the legal limit, or
2. You refused a chemical test in violation of Ohio’s implied consent law

Failing a Chemical Test: What Happens?

If you test at or above the legal alcohol or drug concentration, the BMV presumes a violation. Below are Ohio’s legal limits based on driver type and age:

21+ Years Old (Personal Vehicle)

• Blood: .08%
• Blood serum/plasma: .096%
• Urine: .11%

Under 21 Years Old (Personal Vehicle)

• Blood: .02%
• Blood serum/plasma: .03%
• Urine: .028%

Commercial Driver (CDL)

• Blood: .04%
• Blood serum/plasma: .048%
• Urine: .056%

Consequences of a Failed Test

• First offense: 90-day ALS
• Second offense: 1-year ALS
• Third offense: 2-year ALS

What Are the Consequences of Refusing a Chemical Test?

Ohio’s implied consent law (ORC 4511.191) requires drivers to submit to chemical testing if arrested for OVI. Refusing a test results in an automatic ALS—even if you are ultimately not convicted of OVI. Refusal-based suspensions are:

• First refusal: 1-year ALS
• Second refusal: 2-year ALS
• Third refusal: 3-year ALS

Ohio License Suspension Procedure: Step-by-Step

The ALS process begins immediately at the time of arrest. Understanding the steps helps you act quickly:

1. Arrest for OVI: The officer conducts field tests and chemical testing or requests a test under implied consent law.
2. Test Failure or Refusal: If you fail or refuse the test, the officer completes BMV Form 2255 and confiscates your physical license.
3. Immediate Suspension: The ALS starts at once; you may be issued a temporary permit.
4. Form Submission to BMV: The officer electronically submits Form 2255 to the BMV to activate the ALS.
5. Court Notification: The court receives notice and reviews the ALS at your initial appearance.
6. Appeal Window Opens: You have 30 days to request an ALS hearing (or 20 days depending on the paperwork).
7. ALS Hearing: The court determines if the ALS was lawfully imposed.

How to Appeal an ALS

You may challenge the ALS during your initial appearance or within 30 days of receiving notice. Under ORC 4511.197, your ALS challenge is completely separate from your criminal OVI case. A DUI defense lawyer will file the request and represent you at the hearing.

Key Deadlines for an ALS Appeal

Your attorney must request an ALS hearing within 20 days of receiving the suspension notice. Missing this deadline severely limits your ability to fight the suspension.

Grounds for an ALS Appeal

Your appeal focuses on whether the ALS was imposed lawfully. The judge examines whether:

• The officer had reasonable grounds to believe you committed an OVI
• There was probable cause for your arrest
• The officer properly read Ohio’s implied consent warnings
• The officer correctly requested the chemical test
• You actually refused the test (if refusal-based)
• Your test results truly exceeded legal limits (if test-failure-based)

Claiming the suspension is unfair or creates a hardship will not win your appeal—you must show that the suspension was not legally valid.

How to Know If Your License Is Suspended

During an OVI arrest, police typically confiscate your license and issue BMV Form 2255. The BMV may also send a mailed notice. Regardless of how you learn of your ALS, you should speak with a DUI lawyer immediately.

Why You Need an OVI/DUI Lawyer at Your ALS Hearing

Protect Your Vital 30-Day Deadline

You have only 30 days (or 20 days depending on the paperwork) to request a hearing. If you miss this window, the ALS remains in place for its full duration. A DUI attorney ensures your appeal is filed correctly and on time.

Attack the Officer’s Basis for Suspension

At an ALS hearing, you must prove that the officer lacked probable cause, that implied consent warnings were not properly given, or that you did not refuse or fail the test. A skilled lawyer gathers dash-cam video, calibration logs, and BMV documents to expose procedural errors.

Navigate the Administrative (Not Criminal) Process

ALS hearings use different rules than criminal court. An attorney knows how to introduce evidence, cross-examine the officer, and argue technical defenses that most people overlook.

Secure Limited Driving Privileges

If the ALS stands, your lawyer can petition for restricted driving privileges—for work, medical care, childcare, treatment, or education.

Preserve Your Criminal Defense

Your ALS hearing can affect your criminal OVI case. Having the same attorney handle both ensures a consistent legal strategy and avoids accidental admissions.

Why Choose Luftman, Heck & Associates?

At Luftman, Heck & Associates, we know how essential your driver’s license is to your everyday life. Our detail-oriented defense team analyzes every aspect of your OVI arrest—traffic stop, chemical testing procedures, and the suspension process—to identify grounds for an ALS appeal. If your suspension stands, we help you obtain limited driving privileges quickly.

Call Our Dedicated ALS Lawyers for Help

If you’re facing an administrative license suspension in Ohio, do not wait. Contact Luftman, Heck & Associates today. Our skilled legal team is ready to help you challenge your suspension and protect your rights.

Call us now at (513) 338-1890 for a free consultation or contact us online to get started.

Related FAQs About Ohio ALS & OVI License Suspensions

What Happens Immediately After an ALS Is Imposed?

Your license is confiscated on the spot, the officer files BMV Form 2255, and your suspension begins immediately. You may receive a temporary permit to drive for limited purposes until the court reviews the suspension.

Can You Still Drive After an ALS in Ohio?

You cannot legally drive unless the court grants limited driving privileges. These privileges are not automatic—you must request them through your attorney and meet eligibility requirements.

Does an ALS Affect Your Criminal OVI Case?

Yes. Although the ALS is separate, statements or evidence from the administrative process may be used later in your criminal OVI case, which is why having the same attorney handle both is critical.

Can an ALS Be Terminated Early?

Yes, but only if the court rules that the ALS was not legally imposed. If the judge finds insufficient grounds for the test request, arrest, or suspension procedure, they may terminate the ALS.

What If You Win Your ALS Hearing?

If successful, your license is reinstated, the ALS is removed, and you may continue your defense without the administrative penalty affecting your daily life.

How Long Does an ALS Stay on Your Record?

An ALS remains on your driving record permanently for law enforcement reference, though the suspension period itself ends when you complete all reinstatement requirements.

How Do You Reinstate Your License After an ALS?

After your suspension ends, you must pay reinstatement fees, complete any required treatment or courses, show proof of insurance (SR-22 in some cases), and comply with BMV requirements to regain full driving privileges.