An administrative license suspension occurs when either you refuse to take a Blood Alcohol Concentration (BAC) test or if you test over the legal limit. The office who issues you the citation for OVI or DUI will take your license and the suspension begins immediately. On subsequent offenses, the length of the administrative license suspension increases.
First failed chemical test or refusal of chemical test within six years
- 1 year suspension for refusal to take BAC test
- 90 day suspension for failed BAC test
Second failed chemical test or refusal of chemical test within six years
- 2 year suspension for refusal to take BAC test
- 1 year suspension for failed BAC test
Third failed chemical test or refusal of chemical test within six years
- 3 year suspension for refusal to take BAC test
- 2 year suspension for failed BAC test
Fourth or more failed chemical test or refusal of chemical test within six years
- 5 year suspension for refusal to take BAC test
- 3 year suspension for failed BAC test
Because an administrative license suspension is considered civil, rather than criminal, in nature, you have a right to appeal the suspension to a court. The process moves quickly, as the court must hold the hearing within 5 days of your arrest. It can be held at your initial appearance if requested.
The scope of the appeal is limited to only four issues. Even if you prove these issues in your favor, the court can still suspend your license if it finds that you are a threat to public safety.
- Was the officer’s decision to arrest you based on reasonable grounds that you were in violation of Ohio law?
- Did the officer request that you submit to a chemical test?
- Did the officer inform you of the consequences of failing or refusing to take the chemical test?
- Did the you refuse to submit to the chemical test or did you fail the test?
