Ohio Administrative License Suspensions / Limited Driving Privileges
Your Steubenville OH OVI lawyer will inform you that in Ohio, license suspensions are not imposed by the criminal courts but by the Bureau of Motor Vehicles (BMV). It’s important to note that license suspension is considered a civil punishment rather than a criminal consequence. The BMV may suspend your license for two reasons: refusing a chemical BAC test or having a BAC above the legal limit.
If you refuse a chemical test, the duration of your license suspension will depend on your previous record. For first-time offenders or those who have never refused a chemical test before, the license suspension is one year. If you have previously refused a chemical test once, the suspension lasts two years. Two previous refusals result in a three-year suspension, and three or more refusals lead to a five-year suspension.
On the other hand, if your BAC is above the legal limit but you have never refused a chemical test, then your license will be suspended for 90 days. If it has happened once before, the suspension will last for one year. Two previous incidents with a BAC higher than 0.08 percent result in a two-year suspension, and three or more incidents lead to a three-year suspension.
Should you receive a BMV letter informing you of your suspension, remember that you have the right to appeal an administrative license suspension. However, it is crucial to act swiftly and adhere to strict timelines. To protect your rights and represent you at the hearing, it is advisable to contact a Steubenville OH OVI lawyer immediately upon receiving the notification.
Can I Get Limited Driving Privileges While My License Is Suspended?
If you’re wondering about driving with a suspended license, here’s some good news – you can actually regain limited driving privileges after serving part of your suspension. These privileges usually allow you to travel to work, school, court hearings, and doctors’ appointments. However, it’s important to note that you’re only allowed to travel to and from these specific destinations.
Now, let’s discuss the requirements for obtaining limited driving privileges. If your license is suspended due to failing a BAC test, the duration of your suspension will determine the minimum time you need to serve. For a 90-day suspension, it’s 15 days; for a one-year suspension, it’s 45 days; and for a two-year suspension, it’s 180 days. Unfortunately, if your license was suspended for three years due to four instances of testing over the limit, you won’t be eligible for limited driving privileges.
For those whose licenses are suspended for refusing a chemical test, the rules are slightly different. If your suspension is one year, you must serve at least 30 days before requesting limited driving privileges. The minimum time served increases for longer suspensions: 90 days for a two-year suspension, one year for a three-year suspension, and three years for a five-year suspension.
Losing your driving privileges due to an OVI offense can have significant consequences, impacting your job, housing, and ability to care for yourself and loved ones. Limited driving privileges can provide some relief during this challenging time. It’s always advisable to request permission to drive to essential destinations in situations like these. If you’re facing a license suspension, seeking the assistance of a knowledgeable Steubenville OH criminal lawyer can greatly enhance your chances of reclaiming your driving privileges. For a trusted attorney who specializes in OVI defense, call (330) 992-3036.
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