Can I get the ALS (BMV) Suspension Terminated while my case is still pending?

If you are charged with a DUI (OVI) in Ohio and you test over the legal limit or refuse to test, your license will be seized and you will be placed under an administrative license suspension (“ALS”) by the BMV.  However, the ALS can be terminated before your case has been disposed of if the arresting officer does not follow certain notice requirements under the law. 

A driver who has been charged with OVI and placed under an ALS suspension may appeal the ALS suspension within 5 days of being arrested for OVI.  Thus, if an initial appearance (arraignment) does not occur within five days of being arrested, effectively preventing a defendant from appealing the ALS, it could result in the ALS being terminated.  In addition, the officer must also send a certified copy of his report within 48 hours to the BMV and the court that will have jurisdiction over the case.  If they fail to do so then it could result in the termination of the ALS. 

ALSs can vary from case to case and there can be difficulty understanding what defenses may be available to you.  It is important to contact a competent OVI attorney who is knowledgeable about the ins and outs of defending against the ALS suspension, including whether the arresting officer gave proper notice of the ALS.