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DRIVERS LICENSE SUSPENSION

 

When you are stopped in Ohio and charged with driving under the influence of alcohol, if you refuse to take the breath test or if you take the test and the reading in over the legal limit, your driver's license is immediately confiscated by the police.   You do have a right to appeal the ALS suspension The court must hold the administrative license suspension hearing within five days of arrest. The appeal is heard at this initial appearance if requested. The scope of appeal is confined to four issues.

    1. Was the arrest based on reasonable grounds?

    2. Did the officer request the person to take a test?

    3. Was the violator made aware of the consequences if he/she refused or failed the test?

    4. Did the person refuse or fail the test?

NOTE:   A court may still issue a suspension even if 1-4 is proven by defendant if court finds the person is a threat to public safety.

This immediate suspension is for either (1) having .08% or higher blood-alcohol or (2) refusing to take a chemical test. This is referred to as an administrative suspension (or sometimes "ALS" suspension), and is to be distinguished from a license suspension or restriction which may (and probably will) later occur in the criminal courts — in addition to the administrative suspension. Although this may seem to constitute "double jeopardy" or multiple punishment, the courts have decided that the first suspension is only an "administrative sanction", as opposed to the second suspension in court which is a true "punishment".

If the driver is from another state, the officer has no right to seize the license, as that document is the property of another state. Similarly, Ohio has no jurisdiction to suspend a driver's license issued by another state. The officer can and will, however, issue a "Notice of Suspension." identical to that given Ohio license holders; this acts only as a suspension of the right to drive within the State of Ohio. If there is a conviction, Ohio (as a member of the Interstate Driver's License Compact) will notify the home state of that fact; that state will then usually suspend the license in the same way as if the person had been convicted in the home state.

The National Driver Registry  Is a National governmental database that provides information about your driving record and is used by states to determine a person's driving record in other states. 

 

 

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