Ohio's ALS Law

Cleveland Ohio Defense Lawyer
Administrative License Suspension

"Innocent until proven guilty."

The Legislature and Courts have thumbed their noses at that constitutional mandate. How? By declaring that a 1, 2, 3 or even 5 year driver's license suspension imposed by a police officer at the time of your arrest is not "punishment." And as long they do not consider that pre-trial punishment, they don't run afoul of The Double Jeopardy Clause of the U.S. and Ohio Constitutions. I guess they jail people forever as long as they declare that being confined in a jail cell is not being a form of "punishment." The term they use to describe the police officer-imposed license suspension is "remedial" (defined as tending or intended to rectify or improve). So as long as they describe pain and punishment as "remedial," it's not punishment. And that's how (dis)-honest our government and courts are. How sad and pathetic!

The police officer-drivers license suspension that gets imposed when you either decline to submit to the requested alcohol/drug test(s) is called the Administrative License Suspension (or A.L.S.).

How long the suspension lasts is determined by your DUI-related history, and your decision when asked by the police officer to submit to his requested test. Below is a chart.

ADMINISTRATIVE LICENSE SUSPENSIONS

REFUSAL TO SUBMIT TO POLICE REQUESTED CHEMICAL TEST [R.C. 4511.191(B)]

TESTING OVER THE PROSCRIBED LEGAL LIMIT CHEMICAL TEST [R.C. 4511.191(C)]

1 Refusal suspension terminates upon guilty or no contest plea resulting in conviction, and time served is credited against judicial suspension. O.R.C. 4511.191(B)(2).

However, a subsequent finding of not guilty does not affect the suspension. R.C. 4511.191(D)(1). Refusal of test in a commercial vehicle results in a one year commercial driver’s license disqualification while a second anytime results in a lifetime CDL disqualification. R.C. 4506.17(D),(E). No privileges may be granted. R.C. 4510.13(A)(4). CDL operators are subject to lower alcohol and controlled substance levels plus separate offenses under R.C. Chap. 4506.

2 No privileges may be granted to offender who within the preceding six years has had three or more refusals. O.R.C. 4510.13(A)(3).

3 Suspension for failing test terminates upon guilty or no contest plea resulting in conviction, and time served is credited against any judicial suspension. R.C. 4511.191(C)(2). Under R.C. 4511.191(D)(1), any subsequent finding of not guilty does not affect the suspension. But note O.R.C. 4511.197(D), stating that if the suspension is continued upon appeal, a subsequent finding of not guilty terminates the suspension.

4 No privileges may be granted to offender who within the preceding six years has had three or more convictions or guilty pleas. R.C. 4510.13(A)(3).