A license suspension due to operating a vehicle under the influence (OVI) involves consequences that many drivers find alarming and disastrous. Notably, Ohio law allows for lifetime suspensions of driving privileges under certain circumstances.
Cincinnati Lawyer for OVI License Suspensions
If you’ve been convicted of a traffic crime or are otherwise facing an administrative license suspension based on license points, you need to contact an experienced Cincinnati traffic attorney immediately. Mark Wieczorek will fight on your behalf, ensuring that you receive the best outcome possible.
The Wieczorek Law Firm, LLC is led by Mark Wieczorek, a former Ohio prosecuting attorney. Mark Wieczorek has defended clients since 2008 and serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.
Overview of OVI License Suspensions in Ohio
- OVI License Suspension Laws in Ohio
- Defenses to OVI License Suspensions in Ohio
- Administrative License Suspension (ALS) Processes
- Ignition Interlock Devices (IIDs)
- How Do Out-of-State OVI Convictions Impact Ohio Drivers?
- What Happens to Commercial Driver’s License (CDL) Holders?
- What are Consequences of Failing to Pay Reinstatement Fees?
- What Are the Long-Term Consequences of an OVI Suspension?
- How Do Habitual Offender Laws Apply?
- What Happens During a Court Hearing for Driving Under Suspension?
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for OVI License Suspension
OVI License Suspension Laws in Ohio
OVI License Suspension: First Offense and Subsequent Violations
In Ohio, a suspension can arise from offenses related to alcohol or drug use while operating a vehicle. When an individual is found guilty of OVI License Suspension for the first time, they typically face a Class Five suspension, which carries consequences including up to six months of jail time, a fine ranging from $250 to $1,000, and an additional suspension that can last between six months to three years. For individuals who have prior OVI convictions, the penalties escalate. A second or subsequent violation can lead to a Class Three suspension, resulting in a longer suspension of driving privileges, higher fines, mandatory jail time, and in some cases, vehicle immobilization or forfeiture.
Physical Control Violations
Additionally, under Ohio Revised Code Section 4511.194, individuals found to be in physical control of a vehicle while under the influence of alcohol or drugs—without actively driving—can also face a loss of their license. This offense is treated as a first-degree misdemeanor, carrying penalties that can include up to a one-year suspension of driving privileges, fines, and mandatory participation in a drivers’ intervention program.
Driving on a Suspended License
According to Ohio Revised Code Section 4510.11, when an individual is charged with driving on a suspended license for OVI, they are guilty of a first-degree misdemeanor. The potential penalties depend on whether the individual has prior offenses and the circumstances surrounding the violation.
- First Offense: A first offense of driving on a suspended license for OVI can result in a Class Seven suspension, which could be up to one year, as specified under Section 4510.02. In addition to this suspension, the individual may face a fine and other penalties.
- Repeat Offenses: If the individual has been previously convicted of driving under suspension, the penalties increase significantly. Within three years of an offense, if the individual has been convicted once before, the court may order the immobilization of the vehicle for 30 days and the impoundment of the vehicle’s license plates. If the person has been convicted of two prior offenses, the immobilization period may increase to 60 days. For those with three or more violations, the court may order criminal forfeiture of the vehicle to the state.
Defenses to OVI License Suspensions in Ohio
Lack of Knowledge of Suspension
One of the primary defenses in a case of driving under OVI suspension is that the defendant did not know their license was suspended. This defense can be particularly effective if the defendant did not receive proper notification of the suspension from the Ohio Bureau of Motor Vehicles (BMV). A thorough examination of the notification records and the defendant’s history of correspondence with the BMV may reveal that the suspension was not properly communicated or that there was an error in the BMV’s records.
Invalid or Expired Suspension
Another defense is that the suspension was invalid or had already expired by the time the defendant was charged. Ohio law requires that the suspension be in effect at the time of the alleged offense. If the suspension was incorrectly processed by the BMV, the charge may not stand. By reviewing the BMV records, defense attorneys can identify any procedural mistakes that could lead to the dismissal of the charge.
Necessity or Emergency
In some cases, defendants may argue that driving was necessary due to an emergency. For example, if the defendant drove to transport an injured person to the hospital, they could present this as a defense to show that the driving was done out of necessity rather than disregard for the law. The court will consider whether the defendant’s actions were reasonable under the circumstances.
Procedural Errors by Law Enforcement
If there were procedural errors during the traffic stop or arrest, the evidence collected could be inadmissible in court. For example, if the officer did not have reasonable suspicion to stop the defendant, or if the defendant’s rights were violated during the arrest, the defense may file a motion to suppress evidence. If granted, this motion could lead to the dismissal of the charges.
Administrative License Suspension (ALS) Processes
The Administrative License Suspension (ALS) is a process that occurs automatically after a person is arrested for OVI and either refuses to take a chemical test or fails the test. Under Ohio Revised Code Section 4511.191, law enforcement officers can immediately suspend a driver’s license for a specific period, usually 90 days for a first offense. The ALS is separate from the criminal court process, and it can happen before a person is convicted of any OVI offense. Drivers who face an ALS have the right to request a hearing to challenge the suspension. If a hearing is not requested within a certain period (typically 30 days), the ALS becomes final. Drivers may also be eligible for limited driving privileges while serving their ALS, but they must petition the court for this option.
Ignition Interlock Devices (IIDs)
An Ignition Interlock Device (IID) is a breathalyzer installed in a vehicle that prevents the engine from starting if it detects alcohol in the driver’s breath. Ohio Revised Code Section 4510.13 requires certain individuals with OVI convictions to install an IID as a condition of obtaining limited driving privileges. This typically applies to those who have multiple OVI offenses or those who have been caught driving under suspension. The IID will only allow the vehicle to start if the driver’s breath is free from alcohol. If alcohol is detected, the vehicle will not start, and the driver will be prevented from driving. Those required to install an IID must pay for the installation and maintenance.
How Do Out-of-State OVI Convictions Impact Ohio Drivers?
Under Ohio Revised Code Section 4511.19, any OVI conviction from another state may result in Ohio imposing a suspension, similar to an in-state conviction. If an individual with an out-of-state OVI conviction is caught driving under suspension in Ohio, they can face additional penalties, including fines, extended suspension periods, and possibly jail time.
What Happens to Commercial Driver’s License (CDL) Holders?
Commercial driver’s license (CDL) holders face stricter penalties for OVI-related offenses, including driving under suspension. According to Ohio Revised Code Section 4506.15, even a first OVI conviction can result in a suspension of a CDL for at least one year. If a CDL holder is found guilty of OVI License Suspension, they could lose their CDL for an extended period, or even permanently in some cases. CDL holders are subject to additional federal regulations that further limit their ability to drive commercial vehicles after an OVI offense.
What are Consequences of Failing to Pay Reinstatement Fees?
Once a person has served the suspension period for an OVI-related offense, they must pay reinstatement fees to have their driving privileges restored. These fees, which vary based on the offense and the length of the suspension, must be paid before the person can legally drive again. Failing to pay these fees can result in extended suspension periods or the inability to reinstate their driver’s license at all. Ohio Revised Code Section 4510.13 says that until the fees are paid, the driver cannot be issued a new license or reinstated privileges, which means they will remain under suspension. In some cases, drivers may also be required to provide proof of insurance that covers the vehicle during the suspension period.
What Are the Long-Term Consequences of an OVI Suspension?
An OVI suspension has long-lasting consequences beyond the immediate period of the suspension. Namely, an OVI suspension can lead to increased insurance premiums, difficulty finding employment, and a criminal record that may affect future opportunities. Drivers with suspensions may also find it difficult to get affordable car insurance or to maintain necessary transportation for work or personal obligations.
How Do Habitual Offender Laws Apply?
Ohio’s habitual offender laws target individuals with multiple driving-related offenses, particularly OVI-related convictions. Ohio Revised Code Section 4510.037 provides that individuals who accumulate multiple OVI offenses within a specified period (usually 10 years) face heightened penalties. Habitual offenders are more likely to receive lengthy license suspensions, mandatory intervention programs, and may even be permanently banned from driving. These laws also extend to driving under suspension, where repeat offenders can face additional sanctions, including extended suspension periods or jail time.
What Happens During a Court Hearing for Driving Under Suspension?
During a court hearing for driving under suspension, the defendant will have the opportunity to present evidence and arguments. This may include challenging the validity of the suspension, presenting evidence that they did not know their license was suspended, or offering an explanation for why they were driving under suspension.
According to Ohio Revised Code Section 4510.11, the judge will consider factors such as the defendant’s driving history, the circumstances surrounding the offense, and any mitigating factors. Defendants can sometimes negotiate a plea deal or request reduced penalties, such as limited driving privileges. It’s essential to understand the court process and have legal representation to navigate the proceedings effectively.
Frequently Asked Questions
- How do defendants check if their license is suspended?
They can check online through the Ohio Bureau of Motor Vehicles (BMV) website or by contacting the BMV directly. - Can defendants fight an OVI license suspension charge?
The ability to challenge a suspension depends on the specifics of the case, such as whether the suspension was valid or properly communicated. - What happens if defendants are caught driving during suspension?
Penalties may include additional suspension periods, fines, jail time, and vehicle immobilization, depending on the circumstances. - Can defendants obtain limited driving privileges?
Courts may grant limited driving privileges in certain cases, depending on the offense and class of suspension. - How long does an OVI suspension remain on a defendant’s record?
In Ohio, an OVI-related suspension remains on a driving record for life. - Can defendants reduce their suspension period?
Compliance with court orders, such as attending intervention programs, may allow for a reduction in the suspension period. - What is the cost of reinstating a license after suspension?
Defendants typically need to pay a fee and provide proof of insurance as mandated under Ohio law. - Will an OVI suspension affect car insurance rates?
OVI suspensions usually lead to significantly higher premiums or difficulties in obtaining coverage. - Is jail time mandatory for this offense?
Jail time may be mandatory for certain offenses, particularly for repeat violations, but alternatives might be available for first-time offenders. - Can defendants get legal representation to handle their case?
An experienced criminal defense attorney can provide legal advice, identify potential defenses, and represent defendants in court.
Additional Resources
- First Offense OVI Suspension – Ohio Bureau of Motor Vehicles – This page from the Ohio Bureau of Motor Vehicles provides information about the first offense Operating a Vehicle under the Influence (OVI) suspension. It explains the process of serving the suspension, reinstatement requirements, and the fees involved. Individuals can learn about the necessary steps to reinstate their driver’s license after a first-offense OVI suspension.
- Operating Vehicle Under the Influence of Alcohol or Drugs – OVI – This section of the Ohio Revised Code covers the laws related to operating a vehicle under the influence (OVI) of alcohol or drugs. It outlines the legal limits for alcohol concentration and the effects of drugs on driving.
- Definite Periods of Suspension – Ohio Revised Code – This section of the Ohio Revised Code provides information about the definite periods of suspension for different types of offenses, including OVI. It describes suspension classes and the ranges of suspension periods for various offenses.
Hire an Attorney for OVI License Suspension
If you or your child has received a license suspension following an OVI or traffic incident, you need to contact an experienced traffic attorney immediately. Acting quickly, especially within the first few days of a suspension notice, and using an experienced attorney is crucial to receiving a favorable outcome.
The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo and South Point. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.