Is Your License Suspended Immediately After an OVI in Ohio?

In Ohio, you can face charges for operating a vehicle under the influence (OVI) if you drive while impaired by alcohol or drugs. The term “OVI” is specific to Ohio and includes impairment by alcohol, drugs, or any combination thereof. Drivers can face OVI charges if their blood alcohol content (BAC) reaches 0.08% or higher or if they have specific levels of drugs in their system. Ohio law also enforces strict consequences for any drivers who fail or refuse chemical tests.

Administrative License Suspensions After OVI Arrests in Ohio

After an OVI arrest, Ohio’s Bureau of Motor Vehicles (BMV) often imposes an immediate administrative license suspension. This suspension occurs if the driver fails a chemical test by having a BAC over 0.08% or refuses to take the test. For many, this suspension takes effect before the driver’s court date. Although the suspension is automatic, drivers have the option to request a limited license after a waiting period or to appeal the suspension in court.

For a first OVI offense, a suspension can last from one to three years. A second offense leads to a suspension of one to seven years, while a third offense can result in a suspension of two to 12 years. Ohio also increases suspension periods for aggravated cases, such as when a driver’s BAC exceeds 0.17%.

Limited Driving Privileges During Suspension

Ohio allows limited driving privileges for some drivers during their suspension period. These privileges usually cover essential activities, such as driving to work, school, or medical appointments. To qualify, drivers must install ignition interlock devices, which stop the vehicle from starting if they detect alcohol on the driver’s breath. Ohio sometimes also requires restricted plates, which identify drivers with past OVI convictions to law enforcement and other drivers. Both requirements apply more frequently to repeat offenders or cases involving high BAC levels.

Appealing an Administrative License Suspension

Drivers in Ohio can appeal administrative license suspensions, which allows them to challenge the automatic suspension in court. To appeal, drivers must file a request within 30 days of their initial appearance. During the hearing, drivers can argue procedural errors, like an officer failing to properly inform them of the test’s consequences or lacking reasonable grounds for the OVI arrest.

Chemical Testing and Ohio’s Implied Consent Law

Ohio’s implied consent law requires drivers to take a chemical test if law enforcement suspects OVI. By driving in Ohio, drivers automatically agree to this testing. Refusing a chemical test brings an automatic license suspension of up to one year, even without a conviction. Positive test results can lead to suspension and serve as evidence in court for an OVI conviction.

License Reinstatement After Suspension

Drivers in Ohio must meet specific requirements to reinstate a suspended license after an OVI conviction. These include paying a reinstatement fee, showing proof of insurance, and possibly attending a remedial driving course. For repeat offenders, additional steps, such as installing an ignition interlock device, may apply. Completing all requirements allows drivers to regain full driving privileges.

Contact an Ohio OVI Defense Attorney Now

If you’re dealing with a license suspension after an OVI arrest in Ohio, reach out to DiCaudo, Pitchford & Yoder. Our team understands Ohio’s OVI laws and can help you regain your driving privileges as soon as possible. Contact us today for a free initial consultation to discuss how we can assist with your case.