OVI / DUI License Suspensions In Ohio
If your license is suspended in relation to a DUI / OVI case, you may be eligible for driving privileges. You will likely face two separate kinds of license suspensions in a DUI / OVI case. If you refuse a breath test, blood test, or urine test, or if you tested ‘over the limit’, you are subjected to an Administrative License Suspension by the Ohio Bureau of Motor Vehicles. If you are found guilty of DUI / OVI, you are given a Court Suspension by the judge as part of the sentence for DUI / OVI.
Limited Driving Privileges For Ohio DUI / OVI Suspensions
For both types of suspensions, a court can authorize limited driving privileges. The scope of the driving privileges has historically been limited to the following purposes: occupation, vocation, education, medical, license examination, and court-ordered treatment. A recent change in Ohio DUI/OVI law permits courts to grant privileges for other purposes. Whether privileges are granted for those other purposes is up to each individual judge. A good Columbus DUI lawyer can help with driving privileges if your case is in central Ohio.
As a condition of limited driving privileges, a court may require that you have yellow license plates, an ignition interlock device, or a S.C.R.A.M. device. The waiting period to obtain driving privileges varies depending on the number of prior DUI / OVI convictions and the number of prior chemical test refusals. For details on the length of license suspensions and the length of waiting periods for privileges, see the pages of this website for Administrative License Suspensions and Court Suspensions.
For a first-time-offender convicted of OVI, a court may grant unlimited driving privileges on a court suspension. If a first-time-offender is granted unlimited driving privileges, the privileges are only valid in a vehicle equipped with an ignition interlock. Obtaining unlimited driving privileges also results in any jail sentence being suspended. On the other hand. a violation of a court order for unlimited driving privileges leads to additional sanctions, including a jail sentence, a longer license suspension, and SCRAM monitoring.
Identification During OVI / DUI License Suspension
If you are granted limited driving privileges, you do not receive a plastic driver’s license. Instead, you are given a judgment entry, issued by the Court, which specifies when and where you may drive. You must keep the judgment entry with you whenever you drive. You may be also be required to keep a driving log. If you need a form of identification, you may use a passport or apply for a temporary state identification card.
Driving Under Suspension
If you are granted eriving privileges and you are caught driving outside the scope of those privileges, you may be prosecuted for Driving Under Suspension. Driving under a DUI / OVI suspension involves a mandatory jail sentence, as well as an additional license suspension.
For the Administrative License Suspension (A.L.S.), you can appeal the suspension, and you can also file a motion to terminate the suspension. While the case is pending and you are waiting for an A.L.S. hearing, the court can grant a stay of the suspension, which means you can have your license returned and drive without restrictions until the A.L.S. hearing. If you are successful in the A.L.S. hearing, the suspension is terminated.
The Court Suspension is mandatory, and the only way to avoid it is to contest the DUI / OVI and get the DUI / OVI charge dismissed or amended to a charge that is not a DUI / OVI. To increase the likelihood of having the DUI / OVI charge dismissed or reduced, you’ll need a good DUI / OVI lawyer with experience in the DUI / OVI court process and expertise in DUI / OVI investigations.
The Dominy Law Firm is focused on representing clients who are contesting DUI / OVI charges in Columbus and Central Ohio. For more information, please see the firm overview. You can also read what our clients say and review our past case results. We limit the number of clients accepted so we can provide personal service to all clients. If you would like to discuss how the Dominy Law Firm can help with your DUI / OVI case, EMAIL US or call 614-717-1177 to arrange a free consultation.