Warren County BMV ALS Hearing Guide

How to appeal your Administrative License Suspension (ALS) and protect your driving privileges after an OVI arrest.

Last verified: February 22, 2026

30-Day Deadline

You have exactly 30 days from your arrest to appeal your Administrative License Suspension (ALS). Miss this deadline and your license is automatically suspended. No exceptions.

Enter your arrest date to see your deadline:

Select arrest date

If You Appeal in Time

  • * Hearing scheduled before court
  • * Chance to keep your license
  • * May get limited privileges faster

If You Miss the Deadline

  • * Automatic 90-day to 1-year suspension
  • * No hearing, no appeal
  • * Starts immediately

How to Appeal Your ALS

In Ohio, you appeal your Administrative License Suspension through the court that will handle your criminal case, not directly with the BMV. This is usually the municipal court in the jurisdiction where you were arrested.

Recommended

File Through Attorney

Why: Must be filed properly with the court

Deadline: Within 30 days of arrest

Handles both ALS appeal and criminal case

Find an OVI Attorney
Alternative

File Pro Se (Self)

Where: Lebanon Municipal Court

What to File: Motion to appeal ALS

Cost: Court filing fee applies

Not recommended - legal complexity

What the Court Will Consider

Grounds for Appeal:

  • * Officer lacked reasonable suspicion for stop
  • * Improper administration of chemical test
  • * Officer failed to advise of consequences
  • * Testing equipment not properly calibrated

Documents to Gather:

  • * Citation and ticket copies
  • * BMV Form 2255 (if received)
  • * Any police reports available
  • * Witness information

Ohio ALS Suspension Periods

Failed Chemical Test (0.08+ BAC)

  • 1st:90-day suspension (limited privileges after 15 days)
  • 2nd:1-year suspension (limited privileges after 45 days)
  • 3rd+:2-year suspension (limited privileges after 180 days)

Refused Chemical Test

  • 1st:1-year suspension (limited privileges after 30 days)
  • 2nd:2-year suspension (limited privileges after 90 days)
  • 3rd+:3-year suspension (limited privileges after 1 year)

Important: 10-Year Lookback

Ohio looks back 10 years for prior OVI offenses. A second offense within 10 years carries significantly harsher penalties.

What to Expect at the Hearing

ALS appeals are heard by the court

Unlike some states where you appeal directly to the DMV, Ohio ALS appeals go through the court system. This is typically handled at the same court as your criminal case.

Duration

15-45 minutes typically

Who's There

You, your attorney, prosecutor, judge

What They Review

Probable cause for stop, proper test procedures, officer's conduct

Evidence That Can Help

  • Dashcam or bodycam showing procedural errors
  • Breathalyzer calibration records (if not current)
  • Witness statements about your sobriety
  • Medical conditions affecting field sobriety tests

Should You Hire an Attorney?

With an Attorney

  • Can challenge stop legality
  • Knows how to challenge test procedures
  • Can negotiate limited privileges faster
  • Handles both ALS appeal and criminal case

Without an Attorney

  • Prosecutor has experience against you
  • May not know proper legal arguments
  • Harder to get limited privileges
  • Lower success rate statistically
Find OVI Attorneys in Warren County

If You Lose Your Appeal

Losing the ALS appeal isn't the end. You still have options to maintain limited driving privileges:

Ignition Interlock

Drive with device installed

Limited Privileges

Work, school, medical, treatment

Ohio BMV Lebanon Office

For license reinstatement after suspension ends, or questions about your driving record:

Address
320 E Silver St, Lebanon, OH 45036
Get Directions
Hours
Mon-Fri 8:00 AM - 5:00 PM, Sat 8:00 AM - 1:00 PM

FAQ

Related Guides

Navigating a Warren County, Ohio DUI: A Legal Guide to the DMV and Beyond

If you've been arrested for Operating a Vehicle Impaired (OVI) in Warren County, Ohio, you're facing a complex legal process that extends far beyond the courtroom. Understanding the administrative hurdles, particularly those involving the Ohio Bureau of Motor Vehicles (BMV), is crucial. This guide provides actionable information to help you navigate the system.

Immediate Steps After a Warren County OVI Arrest

The immediate aftermath of an OVI arrest in Warren County is often chaotic. Your car is likely impounded, and you're facing potential license suspension. Here's what to do:

  1. Vehicle Impound: Your vehicle was likely towed by an authorized third-party rotational wrecker. In the Lebanon area, Jacob's Towing, Automotive Repair & Locksmith is a common choice. They can be reached at . Be aware that while PUCO regulations cap towing fees for vehicles under 10,001 pounds, additional administrative, certified letter, and after-hours gate fees can quickly add up.

  2. Reclaiming Your Vehicle: To retrieve your vehicle from a facility like Jacob's Towing, you'll need to prove ownership. This requires a formal release form, your driver's license, and the vehicle registration card, certificate, or official title. This creates a "Catch-22" because the registration is often inside the impounded vehicle. Contact the impound lot immediately to understand their specific procedures for accessing the vehicle to retrieve the registration. Jacob's Towing strictly limits acceptable identification to a U.S. State-issued driver's license.

Understanding Warren County OVI Enforcement

Warren County's location between Cincinnati and Dayton makes it a high-traffic area, leading to aggressive OVI enforcement. The Ohio State Highway Patrol (OSHP) Post 83, local municipal police departments, and the Warren County Sheriff's Office actively patrol the area, often working together in regional task forces. In 2022, the OSHP recorded 408 OVI arrests within the county.

Sobriety Checkpoints and Saturation Patrols

Be aware of strategically placed sobriety checkpoints. While checkpoints themselves might yield few direct arrests, they serve as anchors for "saturation patrols" in a two-to-three-mile radius. These patrols target drivers making seemingly evasive maneuvers, using minor traffic infractions as justification for stops that can escalate into OVI investigations.

Common Checkpoint Locations:

  • Franklin Jurisdiction: Riley Boulevard (Ohio 73), typically operating from 9:00 PM to 11:00 PM on Friday nights.
  • Deerfield Township Jurisdiction: U.S. Route 22 (just east of Landen Drive) and Butler Warren Road, generally operating in the 9:00 PM to 11:30 PM window.
  • Mason Jurisdiction: U.S. Route 42 at the intersection of Jean Boulevard, typically operating between 8:00 PM and 10:00 PM.

The BMV and License Suspension

An OVI arrest in Warren County triggers an administrative license suspension by the BMV, separate from any court-ordered suspension. This suspension begins immediately if you refused a breathalyzer test or if your test result was above the legal limit.

BMV Hearing: You have a limited time (usually 30 days) to request a hearing with the BMV to challenge the administrative suspension. This hearing is crucial because it's your opportunity to argue against the suspension based on issues like the legality of the traffic stop or the accuracy of the breathalyzer test.

Reinstatement Requirements: To reinstate your license after a suspension, you'll typically need to:

  • Pay a reinstatement fee to the BMV.
  • Provide proof of insurance (SR-22).
  • Complete any court-ordered requirements, such as alcohol education or treatment programs.
  • Retake the driving test (in some cases).

Warren County Courts and OVI Cases

OVI cases in Warren County are typically handled by municipal courts. The Lebanon Municipal Court, for example, processed 174 OVI case filings in 2024 alone. These courts operate under the assumption that defendants have access to greater financial resources, reflected in high bond schedules and compliance monitoring mandates.

The HIDTA Initiative and Drug-Related OVI

Warren County's participation in the Ohio High Intensity Drug Trafficking Area (HIDTA) initiative means increased traffic stops, particularly on I-71 and I-75. The Greater Warren County Drug Task Force conducts a high volume of traffic stops (1,231 in 2024), which can lead to OVI investigations, especially for driving under the influence of drugs (DUID). If a breathalyzer shows zero BAC, a Drug Recognition Expert (DRE) may be called to assess impairment.

Actionable Steps

  1. Contact Jacob's Towing (or the impound lot listed on your paperwork) immediately to understand their vehicle release procedures and fees.
  2. Request a BMV hearing within the specified timeframe to challenge the administrative license suspension.
  3. Gather all documentation related to your arrest, including the police report, breathalyzer results, and impound paperwork.
  4. Consider contacting the Ohio BMV at for general information on license reinstatement procedures.
Sources

Last updated: February 22, 2026

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