If a police officer has a good reason to believe that someone is committing an OVI offense, they can arrest them and ask that person to agree to a chemical test (blood test, breath test, urine test). You do not have to take the test. However, if someone is asked to take the test and they refuse or fail the test, their license will be suspended.

The suspension is called an Administrative License Suspension (ALS).  The length of the ALS depends on how many OVI convictions the driver had in the past 6 years and how many times the person refused to submit to a chemical test in the past 6 years. The more OVI convictions and test refusals in the past 6 years, the longer the period of the ALS and the longer the waiting period for limited driving privileges during the ALS. Learn more at the OBMV website.

A person who is under an ALS can request limited driving privileges within 30 days of the person’s initial appearance.  A person can also appeal the ALS.  The appeal must be filed within 30 days of the initial appearance.

If two different people are suspected of OVI, and neither have any convictions or refusals in the past 6 years, and one agrees to a chemical test and is found to be at or over the limit, and the other person refuses the test, the person that agreed to the test would get a 90 day ALS while the person who refused the test would get a one year ALS.

At the end of the ALS, unless it is terminated by the court on appeal, the person must show the OBMV proof of current auto financial responsibility and pay the OBMV a license reinstatement fee of $475.00.