Driver’s license suspension in Ohio

Although penalties like jail time and escalating fines may come to mind as significant consequences of a DUI charge, there are other penalties that can be just as problematic. When someone in Ohio is arrested for drunk driving, they face an automatic administrative suspension of their driver’s license. This action is taken by the Bureau of Motor Vehicles (BMV), and therefore is independent of any subsequent criminal sanction.

However, there are options available to suspected offenders, which can temporarily restore limited driving privileges while they await resolution of their charges in court. Within 30 days of the arrest, the driver may submit a written request for a hearing to dismiss the suspension. This administrative hearing will examine the evidence and witnesses to determine if the driver’s license should be restored. Certain factors, such as improper protocol during a traffic stop or arrest, may result in reinstatement of driving privileges. The result of this civil review does not affect any criminal proceedings.

However, a driver’s license suspension cannot always be lifted. In some scenarios, Ohio law requires the revocation of driving skills. When a unit is pulled over for suspected DUI, officers may request a breath, blood, or urine sample to test for blood alcohol content. Ohio Revised Code 4511.191 explains that the driver may legally refuse to provide a sample, but there are consequences to this refusal. Penalties for refusing to provide a sample for testing vary depending on the prior history of the alleged violator. For a first refusal, the driver’s license will be suspended for one year.

Of course, a DUI conviction also carries the possibility of a license suspension. First-time offenders will face a revocation of between 6 months and 3 years, depending on factors such as their BAC level. For a second offense DUI, formally known as OVI in Ohio, a conviction means a license suspension of 1 to 5 years.

In some situations, a convicted felon may apply for a temporary hardship license. This permit will allow the driver limited driving skills that generally include occupational, educational, or medical purposes. The driver may also be required to install special plates or an ignition interlock device on their vehicle in exchange for these limited driving privileges.

After the specified suspension period ends, an offender’s license will not be automatically reinstated. The process varies depending on the nature of the suspension, but violators will need to complete steps such as paying a reinstatement fee, retaking the driver’s license exam, completing various forms, and providing proof of insurance to the BMV.

Because the law allows for a certain element of discretion for prosecutors and judges, a criminal defense attorney can negotiate certain terms for a defendant, but all DUI cases will lead to an issue of driving privileges. The ability to drive can have a huge impact on a person’s daily life, so it’s important not to overlook this element of the consequences of a drunk driving violation in Ohio.