If you are arrested for OVI and you test at or over the legal limit for alcohol or drugs or if you refuse to submit to a chemical test to determine the level of alcohol or drugs, your driving privileges will be immediately suspended. It is necessary that the ALS be appealed. The appeal can be filed at the initial court appearance (Arraignment) and must be filed no later than 30 days after the initial appearance. Limited driving privileges can be granted under the ALS after the requisite time with no period has passed. The requisite time period with no privileges is determined by previous convictions of refusals to test after arrest as well as whether the current test was at or over the legal limit or refused. An ALS can be "stayed," or placed on hold pending the outcome of the appeal.
The Initial Appearance (Arraignment)
In Ohio, the Initial Appearance (Arraignment) must be held within 5 days of the date of arrest.
The initial appearance is a very important phase of the process of defending an OVI charge. In some counties, it can the the first opportunity to review the police report and other important documents.
The ALS Appeal can and should be filed. The hearing can sometimes take place at this time. A "Stay" (placed on hold) of the ALS can be granted. Driving privileges can be granted. An Order requiring the government to preserve and produce evidence (video and audio recordings) is usually granted. Finally, the denial of the charges (Not Guilty Plea) and demand for jury trial can be made.