An Administrative License Suspension or ALS is typically ordered for a DUI suspect after an arrest.
Having the ability to drive to work or school or for medical reasons is a very important privilege to have even after you’ve been arrested for DUI.
While a suspect awaits the outcome of his or her DUI case in Dublin, or after a conviction, the court may grant limited driving privileges.
Driving privileges are limited to certain, specific instances in accordance with Ohio law.
They can be granted in order to travel to the doctor, to school or to work.
The court can grant driving privileges in the cases of taking a driver’s license exam, if a minor needs to practice with a parent or guardian or in the case of court-ordered treatment.
In the time between the arrest and the arraignment, or first court appearance, a “hard” license suspension will usually be imposed.
The arraignment or first pre-trial hearing is usually when restricted driving privileges are requested.
A number of judges require that the person accused have a hearing after filing a written motion, others only ask for an oral petition before granting driving privileges.
In some cases, driving privileges are easily granted while in others they are not; much of this depends on the judge.
Driving privileges are granted entirely at the discretion of the judge.
The offender can be turned down for driving privileges even though he or she qualifies for them.
You must have had valid auto insurance at the time of the arrest as well as current insurance in order to petition the court for limited driving privileges.
The person isn’t eligible for driving privileges if this is not the case.
Limited driving privileges are just what they sound like – they limit your driving.
The offender will receive a letter granting his or her permission to drive if these privileges are granted.
The offender’s home address will be included in this letter as well as his or her specific work/school/appointment schedule and a list of places to which they are allowed to drive.
In some cases, schedules are different from one week to the next or even each day.
In this situation, the driver must carry a current school/work schedule and the letter will state that this schedule varies.
By either not carrying a current schedule or driving outside the scope of the privileges, the person may be arrested for Driving Under Suspension, which carries penalties of a maximum six months in jail, $1,000 fine and immediate impoundment of the driven vehicle.
The court may grant a defendant pre-trial limited driving privileges while a case is pending if the defendant meets a number of requirements.
The judge will consider whether or not the defendant refused a blood alcohol test, tested over the legal limit or had any previous DUI convictions or refusals.
If a person tested over the legal limit and it’s their first DUI arrest, they can petition for driving privileges after 15 days of “hard” suspension, whereas someone who refused can petition after 30 days.
If, in the past six years, a person has had two refusals, the hard suspension will be 90 days.
Three refusals in six years will result in a hard suspension of one year.
If the defendant has failed two tests in six years, he or she will receive a hard suspension of 30 days; failing three tests in six years will result in a suspension of 180 days.
Installation of an ignition interlock device and/or yellow restricted license plates may be ordered by the court in addition to other limited driving privileges.
In the case of a second offense or a high tier test result, the court might require the ignition interlock device.
When an ignition interlock device is installed, the vehicle will only start if a breath test shows no alcohol and tests will be required periodically while the vehicle is in use.
It’s the responsibility of the defendant to pay for installation of the interlock device and cover monthly costs of about $45-75.
The defendant must go to the BMV and get an Interlock License before having an interlock device installed.
One more thing the defendant must do before getting the device installed is make an appointment with the probation department.
The arresting officer will typically order the defendant to surrender their driver’s license.
We recommend the defendant apply for a temporary state ID card or use a passport for identification while they are without a driver’s license.
A TEMPORARY state ID is different from a PERMANENT state ID and the defendant must be aware of this difference.
A permanent state ID renders a driver’s suspended license terminated and the defendant will not have any driving privileges.
The defendant must re-take both the written and driving tests after a license suspension in order to acquire a driver’s license.
It typically takes about two weeks for notification of an ALS to get to the BMV.
When applying for a temporary state ID, if the BMV has not yet gotten notice of the ALS, the state ID issued will be permanent.
An individual must have a birth certificate and a social security card to apply for a temporary ID at the BMV.
There are other forms of acceptable documentation that are listed on the BMV website.