Q. How can I obtain ALS driving privileges in the Vandalia Municipal Court?
If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately. This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The ALS is a suspension imposed by the Ohio Bureau of Motor Vehicles and not a suspension imposed by the court. A court may not grant ALS driving privileges for a certain period of time following the imposition of an ALS. O.R.C. 4510.13(A). The amount of time between the imposition of the ALS suspension and the time you are eligible for limited ALS driving privileges is called “hard time.” How long the hard time lasts depends upon whether the person has any prior offenses and whether or not the person took the test or refused the test.
If your misdemeanor OVI arrest took place within the jurisdiction of the Vandalia Municipal Court, you can download a petition for ALS driving privileges HERE.
A court may not grant ALS driving privileges for a certain period of time following the imposition of an ALS. O.R.C. 4510.13(A). The amount of time between the imposition of the ALS suspension and the time you are eligible for limited ALS driving privileges is called “hard time.” How long the hard time lasts depends upon whether the person has any prior offenses and whether or not the person took the test or refused the test.
First Offense Midemeanor OVI Failed Chemical Test R.C. 4511.191(C): Occupational driving privileges cannot be granted during the following periods in test cases:
- First 15 days of suspension on a first offense
- First 30 days of suspension on a person who had a prior OVI or refusal within 6 years.
- First 180 days for a person who has had 2 prior OVI/refusals within 6 years.
- First 3 years of suspension on a person who had 3 or more previous OVI/refusals within 6 years
First Offense Misdemeanor OVI Refusal R.C. 4511.19(B): Occupational driving privileges cannot be granted during the following periods in refusal cases:
- First 30 days of suspension on a first offense.
- First 90 days of suspension on a person who had a previous refusal within 6 years.
- First year of suspension on a person who had 2 previous refusals within 6 years.
- First 3 years of suspension on a person who had 3 previous refusals within 6 years.
- A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.
One of the first conversations you should have with your OVI lawyer will involve wether or not grounds exist for an appeal of the ALS. You will discuss the limited circumstances under which an Administrative License Suspension can be challenged. The court must hold the administrative license suspension hearing within five days of arrest. You only have 30 days from your arraignment to file an appeal of the Administrative License Suspension. The scope of appeal is confined to four issues:
1. Was your arrest based on reasonable grounds?
2. Did the officer request that you to take a test?
3. Were you made aware of the consequences if you refused or failed the test?
4. Did you refuse or fail the test?
Charles M. Rowland II is familiar with the case law relevant to determining if an ALS appeal would be beneficial in your case. He will check to see if the 2255 form (the yellow piece of paper you were given) was notorized. The BMV must receive a notarized sworn copy of the 2255. If the form is not executed as required by law, then he can bring that to the court’s attention and request that the ALS be terminated or stayed. It is important to discuss whether or not you were able to produce the requested sample. If you have a verifiable medical condition the Administrative License Suspension may not be plausible in your case. No matter what the circumstances, Charles M. Rowland II will help secure you limited ALS driving privileges for work or for school after the HARD TIME has passed.
If you need to obtain ALS driving privileges, contact Charles M. Rowland immediately! OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
ALS driving privileges and other information and other city-specific info at the following links:
Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro,Huber Heights, Oakwood, Beavercreek, Centerville