Will an OVI Charge Affect Your Ohio Driver’s License?

If the police stop and arrest you for drunk or drugged driving, you might worry about the consequences you could face from an OVI charge. An arrest or conviction for OVI in Ohio can have various consequences. But what will happen to your driver’s license if the police stop you for intoxicated driving?

Immediate Effect: Administrative License Suspension (ALS)

When the police arrest you for OVI, they may take you to the police station to perform a breathalyzer test or transport you to the hospital for a blood draw for a chemical test. Ohio’s implied consent law presumes that every driver has consented to a chemical test of their blood, urine, or breath to determine their BAC or detect the presence of controlled substances in their system.

A driver who refuses to submit to a chemical test after an OVI arrest may face an administrative license suspension, regardless of whether the driver faces an OVI charge or conviction. An administrative license suspension for refusing a chemical test can last for one year, although a driver may face a longer suspension period if they have previously refused chemical testing in another case or have a prior OVI conviction.

Court-Imposed License Suspensions After Conviction

A conviction for OVI in Ohio imposes various penalties, including suspension of your driver’s license. The length of a suspension in an OVI sentence can depend on the number of prior convictions a driver has:

• First Offense – Six months to three years
• Second Offense – One to seven years
• Third or Subsequent Offense – Two to 12 years or, in certain circumstances, lifetime suspension

A driver’s license suspension following an OVI conviction represents a separate suspension period from any ALS period imposed for a defendant’s refusal to submit to chemical testing. However, the two suspension periods can overlap.

Limited Driving Privileges

While serving an administrative license suspension or a suspension as part of an OVI conviction, a driver can apply for reinstatement of limited driving privileges. The state may grant a driver limited driving privileges if they can show that they have no other means of transportation and their inability to drive causes them hardship. Limited driving privileges restrict drivers to driving between their home and specific locations, such as work, school, medical appointments, grocery stores, or court-ordered obligations, including community service or substance abuse counseling.

A driver with limited driving privileges may also be subject to other conditions, such as the requirement to install an ignition interlock device or to place a restricted license plate on their vehicle.

Reinstating Your License After Suspension

After completing a license suspension following an arrest or conviction for OVI, a driver must apply to reinstate their driver’s license. Reinstatement after suspension requires drivers to meet various requirements, including paying reinstatement fees, paying fines ordered as part of an OVI sentence, completing court-ordered treatment programs, and providing proof of auto liability insurance via an SR-22 form from an insurance provider.

Why Legal Representation Matters

Having legal counsel after an OVI arrest can help you navigate the proceedings that may follow, including administrative proceedings before the BMV for an administrative license suspension and court proceedings in an OVI prosecution. An attorney can challenge an ALS by showing that the police did not ask you to submit to chemical testing or that you did not refuse testing (i.e., the officer misinterpreted your statements or actions as a refusal). An attorney can also help you pursue limited driving privileges that allow you to continue driving to school or work.

Contact an OVI Defense Lawyer Today

If the police stop you for OVI, you may worry about what a charge may mean for your driving privileges. Contact The Law Offices of Saia, Marrocco & Jensen Inc. for a free, confidential consultation with an OVI defense attorney to learn more about the potential consequences of an arrest for intoxicated driving in Ohio.