Butler 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:
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.
File Through Attorney
Why: Must be filed properly with the court
Deadline: Within 30 days of arrest
Handles both ALS appeal and criminal case
File Pro Se (Self)
Where: Hamilton 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
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 Hamilton Office
For license reinstatement after suspension ends, or questions about your driving record:
FAQ
Related Guides
If your car was impounded by the Hamilton Police Department, know that you must first obtain a release form from the Hamilton Police Department Records Division before heading to the tow lot.
Navigating a DUI Arrest in Butler County, Ohio: A Practical Guide
A DUI (Driving Under the Influence), also known as OVI (Operating a Vehicle Impaired) in Ohio, can be a complex and costly experience in Butler County. Understanding the local procedures and resources can help you navigate the legal and logistical challenges that follow an arrest. This guide provides actionable information to help you understand the process.
Understanding the OVI Landscape in Butler County
Butler County, with an estimated population of over 407,000, sees a significant number of OVI arrests. The county's location between high-fatality zones in Hamilton and Montgomery counties necessitates heightened enforcement, particularly along major corridors like I-75, where the Ohio State Highway Patrol recorded 739 arrests in a recent period for the sector running from Cincinnati to Toledo. The Butler County OVI Task Force, funded by the NHTSA and the Ohio Department of Public Safety, conducts sobriety checkpoints and saturation patrols to deter impaired driving. These checkpoints often operate between 7:00 PM and 11:00 PM, targeting peak evening travel times.
Online Resources and Initial Steps
The first step after an OVI arrest is understanding your charges and potential penalties. You can make online payments for certain court fees through the Butler County website: https://paytickets.bcohio.gov. However, this is generally for minor traffic violations, not for OVI-related fines.
Posting Bond: Understanding the Process and Local Bondsmen
The bond schedule in Butler County sets standard amounts for misdemeanors, starting at $150.31 for a minor misdemeanor and increasing to $1,000.31 for a first-degree misdemeanor, plus a mandatory $25 state surcharge. However, this schedule is not always applicable. A 12-hour/sobriety hold is standard OVI protocol, meaning you may not be released until sober, regardless of bond. If this is your third OVI within ten years, bail will be set by a Judge or Magistrate, potentially delaying release until the next court docket.
If you cannot afford to post the full bond amount, you'll need a surety bail bondsman. Several local providers operate in Hamilton, including Craven Bail Bonds (705 Hanover St and 315 High Street), Butler County Bail Bonds, and Family First & Castle Bail Bonds. Bonds can be posted at the Clerk of Courts office (315 High Street, 5th Floor) during business hours (8:30 AM – 4:30 PM). After hours, the transaction moves to the jail lobby at 705 Hanover Street. Be aware of the time of day, as the location for posting bond changes.
Vehicle Impoundment and Recovery: A Complex Process
Recovering your impounded vehicle is often the most confusing part of the OVI process. There is no single county impound lot; the location depends on the arresting agency.
- Sheriff’s Office / Fairfield Township PD: Your vehicle is likely at Wayne’s Garage and Towing, 1946 Fairgrove Ave, Hamilton. You'll need a police release from the Fairfield Township Police Department (or Sheriff’s HQ) with a valid ID and Title/Registration. Wayne’s Garage is open Mon-Fri 9:00 AM – 5:00 PM and Sat 9:00 AM – 12:00 PM, but closed for lunch from 12:00 PM to 1:00 PM. Police impounds are CASH ONLY.
- Hamilton Police Department: You must first obtain a release form from the Hamilton Police Department Records Division. Towing fees are $300 (light duty), and storage is $65 per day, plus a $75 after-hours gate fee. The specific tow company used will be indicated on the tow slip provided at arrest.
- Middletown Police Department: Vehicles are released Monday through Friday, 8:00 AM to 3:30 PM through their Criminal Investigations section.
- Cincinnati Police: If arrested near the southern border, your vehicle may be at the Cincinnati Impound Lot on Spring Grove Ave.
Key Takeaways and Next Steps
The OVI process in Butler County involves multiple agencies and procedures. Knowing the specific arresting agency is crucial for vehicle recovery. If your vehicle was impounded by Wayne's Garage, be sure to visit the Fairfield Township Police Department before going to the lot, and be aware of their lunch hour closure.
Sources
Last updated: February 22, 2026
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