Ohio Administrative Review (Appeal of OVI implied consent suspension)
Upon arrest for OVI in Ohio, or upon refusal to submit to a chemical test, your driving privileges will be suspended. If you wish to fight the suspension, you must appeal it or it will be automatically upheld. You may appeal your suspension at your initial appearance (arraignment).
A hearing to determine whether your suspension should be upheld or overturned will be held within 5 days of your arrest. Issues such as the legality of your stop, the validity of your arrest, and whether probable cause existed to request a chemical test may be considered at the hearing. Additionally, if you were not fully informed of the consequences of your refusal, you may argue that you were not able to make an informed decision of whether to submit to a chemical test. It is highly recommended that you consult with an attorney prior to this hearing, and obtain one to represent you.
If your suspension is overturned, your license will be fully reinstated. If the suspension is upheld, you may request a permit to allow you to travel while your case is pending. Keep in mind, however, that certain eligibility restrictions do apply. Consult with an attorney in your area for more information.
After an Ohio OVI arrest, a hearing to determine whether your suspension should be upheld or overturned will be held within
5 days
of your arrest.
There are many reasons why your license could be saved, so it makes sense to contact an Ohio DUI lawyer in your county immediately for a free initial consultation and to protect your important rights.