Jeffrey C. Honaker Attorney at Law, LLC · Ashland, Ohio

License Taken at an OVI Arrest? ALS Appeals and Driving Privileges

The officer took your license before any judge saw the case, and the clock to appeal is already running. Here is how long the administrative suspension lasts, how it is fought, when you can get privileges to drive to work and school, and what it takes to get the license back — for Ashland, Huron, and Richland County cases.

The Suspension That Starts at the Roadside

When you are arrested for OVI in Ohio and either refuse the chemical test or test over the limit, the officer takes your license and serves a notice of suspension on the spot (R.C. 4511.192(D)). That is the administrative license suspension, or ALS. It is imposed by the Bureau of Motor Vehicles, not the court, and it is in force before you have been convicted of anything. Your initial appearance must be held within five days, and the suspension lasts at least until then.

If you are later convicted, the court imposes a second, judicial suspension under R.C. 4511.19(G). The two overlap and the ALS time is credited, but they have different lengths, different rules for privileges, and different ways to fight them. Managing both — in the right order and before the deadlines — is a large part of what an OVI lawyer does.

How Long the ALS Lasts

Priors in the past 10 yearsRefused the testNo privileges forTested over the limitNo privileges for
None1 year30 days3 months15 days
One2 years90 days1 year45 days
Two3 years1 year2 years180 days
Three or more5 years3 years3 yearslonger

Lengths are from R.C. 4511.191(B) and (C) and R.C. 4510.02(B); no-privileges periods from R.C. 4510.13(A)(5) and (A)(6). For the refusal column, prior refusals and prior convictions both count. Drivers under 21 who test between .02 and .079 do not receive a failed-test ALS at all — see underage OVI.

Appealing the ALS: 30 Days, Four Issues

Under R.C. 4511.197(A), you may appeal the ALS at your initial appearance or within thirty days after it, in the court where your case is pending. Filing the appeal does not by itself stop the suspension. The court decides only four things (R.C. 4511.197(C)):

If the court finds any one of those was not met, the suspension is vacated and your license is returned. Even when the appeal is denied, the hearing puts the officer under oath early, on the record, about the stop and the arrest — testimony that shapes the rest of the case.

The license deadline: under R.C. 4511.197, an appeal of the administrative license suspension must be filed at your initial court appearance or within 30 days after it. Miss that window and the suspension stands no matter how weak the case is.

Limited Driving Privileges

Once the no-privileges period has run, the court may grant limited driving privileges under R.C. 4510.021 for:

The order must specify the purposes, times, and places, and you carry it with you. The court can condition privileges on a certified ignition interlock device and, for a first-time offender, can instead grant unlimited privileges with an interlock under R.C. 4510.022 — unrestricted as to purpose, time, and place — and reduce the suspension by up to half. An interlock violation brings remote alcohol monitoring and can extend the suspension, so the device is a commitment, not a shortcut.

Privileges on a court-imposed first-offense OVI suspension are available after the first 15 days (R.C. 4510.13(A)(5)(a)); the court may waive even that period for a driver with no physical-control conviction who took the test. Under-21 offenders convicted under R.C. 4511.19(H) wait 60 days. Privileges are requested by motion, with proof of the need — a letter from the employer or school, class schedules, work hours — and I prepare and file that motion at the first point the statute allows.

Getting the License Back

When the suspension ends, the BMV does not reinstate your license automatically. Under R.C. 4511.191(F) you must pay a $315 reinstatement fee and file proof of financial responsibility — the SR-22 certificate your insurer issues — before you may drive. Driving before reinstatement, or outside the terms of a privileges order, is driving under suspension, and on an OVI suspension that is a first-degree misdemeanor with mandatory jail (R.C. 4510.14).

Flat Fees, Quoted Up Front

The ALS appeal and the motion for driving privileges are part of every OVI representation in my practice, not extras. Most first-offense OVI cases are handled for a flat fee of $1,500 to $2,500, quoted after a free consultation. If you already have a lawyer and only need help with privileges or an appeal, call and we can talk about a limited engagement.

Related: OVI / DUI defense · Refusing the breath test · Physical control · Ashland Municipal Court.

Frequently Asked Questions

The officer took my license. Can I drive at all?
Not yet. The administrative license suspension starts the moment the officer serves the notice, and R.C. 4510.13 sets a period during which no court can grant privileges — 15 days after a first failed test, 30 days after a first refusal, longer with priors. After that period, I file for limited privileges in the court handling your case. Driving before then is driving under an OVI suspension, a separate first-degree misdemeanor (R.C. 4510.14) with mandatory jail.
How do I fight the administrative suspension?
By filing an ALS appeal in the municipal court at your initial appearance or within 30 days after it (R.C. 4511.197(A)). The appeal is limited to four questions: whether the officer had reasonable grounds to arrest you, whether a test was actually requested, whether you were given the required warning, and whether you refused or tested over the limit. Win any one of them and the suspension is vacated.
What can I get driving privileges for?
Under R.C. 4510.021 a court may grant privileges for occupational, educational, vocational, or medical purposes, to take the license exam, to attend court-ordered treatment or court hearings in your case, to take a child to school or child care, and for any other purpose the court finds appropriate. The order spells out the purposes, times, and places, and the court can add conditions such as an ignition interlock.
What are “unlimited” privileges with an interlock?
For a first OVI, R.C. 4510.022 lets the court grant privileges unrestricted as to purpose, time, and place if you drive only a vehicle fitted with a certified ignition interlock device — and the court may cut the suspension by up to half. The trade-off is the device's cost and the consequences of a violation: remote alcohol monitoring and a longer suspension.
If I'm convicted, does the ALS count toward the court suspension?
Yes. The ALS ends when you plead guilty or are convicted, and the time already served is credited against the suspension the court imposes (R.C. 4511.191(B)(2) and (C)(2); R.C. 4510.13(A)(2)). A first-offense court suspension is one to three years, with no privileges for the first 15 days.
What does it cost to get my license back?
The BMV charges a $315 reinstatement fee for an OVI-related suspension (R.C. 4511.191(F)) and requires proof of financial responsibility, usually an SR-22 certificate from your insurer. Reinstatement is separate from, and in addition to, whatever the court orders.

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Content reviewed by attorney Jeffrey C. Honaker, October 2026. Penalty figures reflect the Ohio Revised Code as in effect on that date. This page is general information, not legal advice about your case.

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