The Statehouse News Bureau reported the efforts of the Ohio legislature to overhaul driver’s license suspensions. Legislation passed by the Ohio Senate aims to reduce the circumstances under which driver’s licenses are suspended and also reduce the length of some suspensions. Even if the legislation becomes law, it will not affect driver’s license suspensions for DUI (called ‘OVI’ in Ohio). This article summarizes Ohio driver’s license suspensions and driving privileges related to OVI.
Two Types of Suspensions
There are two general categories of OVI-related driver’s license suspensions in Ohio. The first category is Administrative License Suspensions, and the second category is court suspensions.
Administrative License Suspensions
When a person is arrested for OVI, a law enforcement officer typically asks the person to submit to a breath, blood or urine test. If the person refuses, or if the test result is ‘over the limit’, the person is immediately subjected to an Administrative License Suspension. This suspension is imposed by the Ohio Bureau of Motor Vehicles, is considered an administrative sanction (not a punishment), and is separate from the charge of OVI. A driver subjected to an Administrative License Suspension may petition the relevant court for driving privileges.
The length of the Administrative License Suspension, and the waiting period for driving privileges, depends upon two factors: (1) the number of times the person has previously been convicted of OVI; and (2) the number of times the person has previously refused a breath, blood, or urine test. The following tables summarize the suspensions and waiting periods:
Administrative License Suspensions for Test Refusal
| Number of Refusals or Convictions in Ten Years | Length of Driver’s License Suspension | Waiting Period for Limited Driving Privileges |
| First | 1 Year | 30 Days |
| Second | 2 Years | 90 Days |
| Third | 3 Years | 1 Year |
| Fourth (or more) | 5 Years | 3 Years |
Administrative License Suspensions for Test ‘Over the Limit’
| Number of Convictions in Ten Years | Length of Driver’s License Suspension | Waiting Period for Limited Driving Privileges |
| First | 90 Days | 15 Days |
| Second | 1 Year | 45 Days |
| Third | 2 Years | 180 Days |
| Fourth (or more) | 3 Years | 3 Years |
Court Suspensions
When a person is convicted of OVI, the judge imposes a driver’s license suspension (‘court suspension’) as part of the sentence. A driver subjected to a court suspension may request driving privileges after a waiting period. The length of the court suspension, and the waiting period for driving privileges, depends upon the number of times the person has previously been convicted of OVI. The following table summarizes the suspensions and waiting periods.
OVI Court Suspensions
| Number of Convictions Within Ten Years | Length of Driver’s License Suspension | Waiting Period for Limited Driving Privileges |
| First | 1 Year to 3 Years | 15 Days |
| Second | 1 Year to 7 Years | 45 Days |
| Third | 2 Years to 12 Years | 180 Days |
| Fourth (or more) | 3 Years to Life | 3 Years |
Unlike an Administrative License Suspension, a court suspension is not a designated period of time. Instead, the judge has discretion regarding the length of the suspension: from the mandatory minimum length to the to possible maximum length. If a driver is subjected to a court suspension, the driver receives credit for the time the driver was subjected to an Administrative License Suspension.
How a Lawyer Can Help
When an Administrative License Suspension is imposed, a lawyer can file motions challenging the propriety of the suspension. In some courts, a person’s license will be returned (the suspension is ‘stayed’) until the court holds a hearing on the motions. If the motion is successful, the Administrative License Suspension is terminated.
To avoid a court suspension or reduce its length, a lawyer pleads Not Guilty to the OVI charge. If the driver is found Not Guilty, or if the OVI is reduced to a lesser offense, the court suspension may be eluded or shortened.
About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
