After an OVI arrest, you have only 30 days to appeal your administrative license suspension (ALS). This is not a suggestion or guideline—it is an absolute legal deadline. Missing this deadline means losing your right to challenge the suspension in any way. Your license will be suspended for the full period specified by law, regardless of what happens in your criminal case.
What Happens at an ALS Hearing?
The Administrative License Suspension is a civil process that runs separately from your criminal case. The hearing focuses on limited but important issues: whether the officer had reasonable grounds to believe you were OVI, whether you were lawfully arrested, and whether the chemical test (breath or blood) was properly administered and accurate. At the hearing, the officer typically testifies about the traffic stop, your driving pattern, observations of impairment, and the arrest. Your attorney can cross-examine the officer and challenge their observations and procedures. Winning the appeal means your license is reinstated immediately. Even if you do not win, the hearing gives your attorney valuable information about the officer's testimony and evidence that may help your criminal defense. Additionally, even with a license suspension, you may still be eligible for limited driving privileges.
Why 30 Days Matters
The 30-day deadline under Ohio Revised Code 4511.191 is strict and does not have exceptions. Courts generally do not extend it, no matter the circumstances. If you miss it—even by one day—your only option is to wait out the suspension and apply for limited driving privileges when eligible. You lose your right to challenge the suspension itself.
What You Need to Do
Contact an attorney as soon as possible after your arrest. An experienced OVI defense attorney can file the appeal, request a stay of suspension (allowing you to keep driving until the hearing), and represent you at the BMV hearing. The criminal case and the ALS appeal run on separate tracks—both need immediate attention from day one. If you have been arrested for OVI in Ohio, do not wait. Call Jwayyed Law LLC at (614) 285-5482 or schedule a free consultation today. We serve clients throughout Ohio except Franklin County for OVI matters due to a conflict. Time is critical.
This article is for informational purposes only and does not constitute legal advice. For legal counsel regarding your specific situation, contact Jwayyed Law, LLC.
