Ohio Administrative License Suspensions and Limited Driving Privileges

In Ohio, the Bureau of Motor Vehicles (BMV) is responsible for suspending driver’s licenses, not the criminal courts. This is because a license suspension is considered a civil penalty rather than a criminal one. The BMV can suspend your license for two main reasons related to an OVI charge: either you refuse a chemical Blood Alcohol Concentration (BAC) test, or your test results show a BAC above the legal limit.

If you refuse to take a chemical test, the suspension period for your license will vary based on your prior record. Your New Castle criminal lawyer can explain that if you have no previous OVI convictions or have never refused a chemical test before, your license will be suspended for one year. If you have refused a chemical test on one prior occasion, the suspension increases to two years. For two previous refusals, the BMV will suspend your license for three years. If you have a history of three or more refusals, you will face a five-year license suspension.

If you agree to a chemical test and your BAC is over the legal limit, but you have no prior refusals, your license will be suspended for 90 days. A skilled New Castle DUI lawyer can clarify that if this has occurred once before, the suspension period is one year. Two prior incidents where your BAC was above 0.08 percent will result in a two-year suspension. Three or more previous instances will lead to a three-year license suspension.

You have the right to appeal an administrative license suspension, but you must adhere to strict deadlines. A request for a hearing must be filed within thirty days of your arraignment, which is your first required court appearance. It is highly advisable to contact a New Castle criminal lawyer as soon as you receive the suspension notice from the BMV. They can act quickly on your behalf and provide representation at the hearing.

Can I Get Limited Driving Privileges While My License Is Suspended?

It is possible to regain some driving privileges after serving a portion of your suspension period. In some cases, you may be granted permission to drive for essential purposes like work, school, court appearances, and medical appointments. However, you are strictly limited to driving only to and from these specific locations. A qualified New Castle DUI lawyer from Youngstown Criminal Law Group can guide you through this process.

Specific waiting periods must be met before you can apply for limited driving privileges. If your license was suspended for failing a BAC test, you must serve:

• A minimum of 15 days of a 90-day suspension.
• A minimum of 45 days of a one-year suspension.
• A minimum of 180 days of a two-year suspension.
  If your license is suspended for three years due to four instances of testing over the limit, you will not be eligible to apply for limited driving privileges. Consulting a New Castle criminal lawyer is crucial to understand your options.

The rules are slightly different if your license was suspended for refusing a chemical test. To request limited driving privileges in this scenario, you must serve:

• 30 days of a one-year suspension.
• 90 days of a two-year suspension.
• 1 year of a three-year suspension.
• 3 years of a five-year suspension.

Losing your driving privileges is a serious consequence of an OVI that can significantly disrupt your life, potentially leading to job loss, housing issues, and difficulty caring for yourself and your family. Even limited driving is better than none at all. You should always request permission to drive for work, school, court, and medical needs when your license is suspended. An experienced New Castle OVI lawyer can help you navigate the legal system and work towards getting you back on the road. Call (330) 992-3036.