The BMV 2255 is a form used by Ohio law enforcement officers when imposing an Administrative License Suspension in DUI cases (called ‘OVI’ in Ohio). A sworn copy of the form is given to the arrested person, sent to the Ohio Bureau of Motor Vehicles (BMV), and sent to the court in which the OVI case is being heard. The BMV revised the Form 2255 in 2025, but some officers continue to use the outdated version of the form. That could lead to the ALS being terminated.
Ohio Implied Consent Law
Ohio Revised Code section 4511.191 provides that any person who operates a vehicle (or is in physical control of a vehicle) on property used by the public for vehicular travel is deemed to have given consent to alcohol/drug testing if arrested for OVI. If a person arrested for OVI refuses an alcohol/drug test or submits and tests ‘over the limit’, the person’s driver’s license or privilege to drive in Ohio is suspended.
This is called an Administrative License Suspension (ALS). The ALS is imposed by the BMV and is independent of the OVI case in court. However, a person subjected to an ALS can appeal the suspension in the court which hears the OVI case.
Due Process in Administrative License Suspensions
The ALS is unique because it takes a person’s property (their driver’s license) without first having a judicial hearing. The Ohio Supreme Court has held the ALS is Constitutional, but only if officers comply with the requirements of Ohio Revised Code section 4511.192 when imposing the suspension on behalf of the BMV.
Ohio Revised Code section 4511.192 contains several requirements. The officer must read specific warnings to the arrested person regarding the consequences of taking or refusing an alcohol/drug test. The officer’s reading of the form must be witnessed, and the form must be sworn. A copy of the sworn report must be sent to the BMV and the court within 48 hours and must also be given to the arrested person. The officer must notify the arrested person of the right to appeal the ALS.
Appealing an Administrative License Suspension
A person subjected to an ALS can appeal the suspension pursuant to Ohio Revised Code section 4511.197. At the ALS hearing, the BMV 2255 serves as prima facie evidence the officer complied with the requirements of Ohio Revised Code section 4511.192. However, the BMV 2255 cannot serve as prima facie evidence if the form itself is defective.
Using an Outdated BMV 2255
Some officers continue to use outdated BMV 2255 forms rather than the new form issued in 2025. At least one Ohio appellate court has ruled that, if an officer uses an outdated form, the prosecution must prove the outdated form is the same as the current version of the form. Prosecutors are unable to prove the outdated form is the same as the 2025 version because they are not the same.
In an Ohio OVI case, the defense lawyer should check to see if the officer used an outdated BMV 2255 form. If so, it is likely the form cannot serve as prima facie evidence, and that could lead to termination of the client’s ALS.
About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
