Driver’s License Suspension
One of the penalties for an OVI conviction is a suspended license. Having a suspended license can be a major inconvenience. You are faced with not having access to a car making it extremely difficult to get to work, school or complete everyday task.
Even if you win the OVI criminal trial, your driver’s license can still be revoked. One of the primary steps you can take to keep your driver’s license is to attend an OVI revocation hearing. This is an administrative hearing, so it doesn’t impact the results of your criminal trial.
An OVI revocation hearing is optional, but you have nothing to lose by attending. You may even get to keep your driver’s license. This hearing can also help your defense attorney find information crucial to your criminal trial.
Columbus, OH Driver’s License Suspension Lawyer
Joslyn Law Firm understand how burdensome a suspended driver’s license can be, and we will do everything in our power to ensure you regain that privilege. Call to schedule a confidential consultation.
We represent clients in counties across central Ohio including Franklin County, Delaware County, Union County, Madison County and more.
- DUI and Driver’s License Suspension
- How Long will my License be Suspended?
- What are Limited Driving Privileges?
- Additional Recourses
DUI and Driver’s License Suspension
When you are suspected of intoxicated driving, a law enforcement officer will ask you to submit to a chemical test. If you are found to be over the legal limit, you will be arrested, and your driver’s license will be suspended.
You have the right to refuse a chemical test, but once you are arrested, you cannot refuse without facing the consequences. This is called implied consent, and it’s defined under section 4511.191 of the Ohio Revised Code.
The law states any driver operating a motor vehicle on the Ohio roads is deemed to have given consent to a chemical test upon a law enforcement officer’s request. If you refuse, your driver’s license will automatically be suspended. You should always refuse a chemical test. Yes, your driver’s license will be suspended, but it will be suspended regardless if you submit or not. By refusing the test, prosecutors will not have concrete evidence needed to convict you of the crime.
How Long will my License be Suspended?
The length of time your license can be suspended depends on many factors. Some of these factors include previous failed chemical test and how many times you’ve refused a chemical test.
If you are convicted of a DUI / OVI, the court is required by law to impose a mandatory license suspension. We will fight to ensure you gain limited driving privileges so you can go to work or school. It should be noted a waiting period applies to the process of regaining limited driving privileges.
Your driver’s license could be suspended for the following amount of time based on OVI convictions with 10 years. Also included is the mandatory waiting period before you can apply for limited driving privileges.
- First DUI: 90-day license suspension with a 15-day waiting period.
- Second DUI: One-year license suspension with a 15-day waiting period.
- Third DUI: Two-year license suspension with a 180-day waiting period.
- Fourth or Subsequent DUI: Three-year license suspension with a three-year waiting period
If you have pled guilty or were convicted of three or more OVI offenses within 10 years, you will not be eligible for limited driving privileges.
Refusing a chemical test is another situation where your driver’s license will be suspended. Listed below is the length of the suspension and required waiting period based on prior refusals.
- First Refusal: One-year license suspension with a 30-day waiting period
- Second Refusal: Two-year license suspension with a 90-day waiting period
- Third Refusal: Three-year license suspension with a one-year waiting period
- Fourth or subsequent Refusal: Five-year license suspension with a 3-year waiting period
What are Limited Driving Privileges?
Life does not stop when your license is suspended. You will still be required to attend work, school and complete daily task. When your license is suspended, you can ask the court for limited driving privileges.
Limited driving privilege is a court-ordered modification to a license suspension allowing you to drive. The court will specify the purpose of your driving, the times and places you are allowed to go as well as other related driving conditions.
Limited driving privileges will only be granted for specific reasons such as:
- Work, education, vocational or medical purposes
- To take a driver’s or commercial driver’s license exam
- To attend a court-ordered treatment
- Transporting a child to school, daycare or childcare facility
- To attend any court proceedings related to the offense resulting in the license suspension
- Any other purpose deemed appropriate by the court
As a condition of granting limited driving privileges, the court may require your vehicle to be equipped with a restricted license plate and an immobilizing or disabling device such as an ignition interlock device.
Additional Resources for Driver’s License Suspension
Limited Driving Privileges– Follow this link to learn more about Ohio’s limited driving privilege laws. You can find out when limited-driving privileges will not be granted and what the court may require you to do before they grant driving privileges. The statute can be read on the Ohio Laws and Rules website.
Ohio BMV Limited Driving Privileges– Visit the Ohio BMV website to learn more about limited driving privilege. You can also gain access to other information such as alcohol and drug-related suspension, juvenile suspension and CDL suspensions.
Driver’s License Suspension Attorney in Columbus, OH
Take the first step in regaining your driving privileges and contact Joslyn Law Firm. Schedule a confidential consultation with us today. Call.
We represent clients in counties across central Ohio such as Pickaway County, Fairfield County, Licking County and numerous others.