Time Limit to File Notice of Appeal of Administrative Licence Suspension

In Ohio Bureau of Motor Vehicles v. Williams, 97 Ohio App. 3d 779, 647 N.E.2d 562 (1994), the defendant's driver's license was suspended because he refused to take a chemical test to determine his blood-alcohol level. Williams, 97 Ohio App. 3d at 780, 647 N.E.2d at 562. In December 1993 the defendant appealed the administrative license suspension in the trial court, and the trial court denied his appeal. Williams, 97 Ohio App. 3d at 780, 647 N.E.2d at 562. In May 1994 a jury found the defendant not guilty of DUI. Williams, 97 Ohio App. 3d at 780, 647 N.E.2d at 563. Thirty days after the jury's not guilty verdict, the defendant filed a notice of appeal challenging the trial court's denial of his appeal of the administrative license suspension. Williams, 97 Ohio App. 3d at 780, 647 N.E.2d at 563. The Ohio Court of Appeals concluded that it lacked jurisdiction to consider the administrative license suspension because the defendant's notice of appeal was untimely. Williams, 97 Ohio App. 3d at 781-82, 647 N.E.2d at 563. In reaching this conclusion, the court of appeals determined that the administrative suspension of a driver's license affected a substantial right and that the review of an administrative license suspension is an independent judicial proceeding, separate from the criminal charge of DUI. Williams, 97 Ohio App. 3d at 781, 647 N.E.2d at 563. The court of appeals held that, therefore, the trial court's order denying defendant's appeal of the administrative licence suspension was a final appealable order. Williams, 97 Ohio App. 3d at 781, 647 N.E.2d at 563. the court of appeals concluded that defendant was required to file his notice of appeal within 30 days of the trial court's order denying review of his suspension and that a notice of appeal filed at the conclusion of the criminal proceedings was untimely. Williams, 97 Ohio App. 3d at 781-82, 647 N.E.2d at 563.