Ohio Administrative License Suspensions and Limited Driving Privileges

In the state of Ohio, the Bureau of Motor Vehicles (BMV) is the official entity responsible for issuing driver’s license suspensions following an arrest. The criminal courts do not directly handle this specific penalty because an administrative license suspension is classified as a civil punishment, rather than a strictly criminal consequence. Essentially, there are two primary reasons the Ohio BMV might decide to suspend your driving privileges immediately: if you refuse to allow law enforcement to perform a chemical BAC (blood alcohol concentration) test, or if your BAC test results show a level that is higher than the legal limit.

Suspensions for Refusing a Chemical Test

If you make the decision to refuse to submit to a chemical test, the total length of your administrative license suspension will heavily depend on your previous driving and criminal record. A skilled St. Clairsville OVI attorney can help you understand these penalties, which include:

• One Year: If you have not had any previous OVI convictions in the past, or if you have never refused a chemical breath or blood test before.
• Two Years: If you declined to participate in chemical testing exactly one time prior to this incident.
• Three Years: If you have actively refused chemical testing on two separate occasions during previous arrests.
• Five Years: If you have refused chemical testing three or more times in the past.

Suspensions for Testing Above the Legal Limit

On the other hand, if you have never refused a chemical test but your BAC results came back above the legal limit of 0.08 percent, your driver’s license suspension duration changes. Partnering with an experienced St. Clairsville criminal lawyer is highly recommended if you face the following BMV suspensions:

• 90 Days: For your very first time testing above the legal limit.
• One Year: If this exact scenario has happened once before.
• Two Years: Having two previous incidents where you did not refuse to submit to testing, but your BAC was still documented higher than 0.08 percent.
• Three Years: Experiencing three previous times over the legal limit will result in no driving privileges for a lengthy three years.

Appealing Your Administrative License Suspension

You are legally allowed to appeal an administrative license suspension in Ohio, but there are incredibly tight statutory timelines that must be followed closely for you to do so successfully. Specifically, you have to file a formal request for a BMV hearing within thirty days of your arraignment, which is typically also the first date you must personally appear in court. It is in your absolute best interest to reach out to the Youngstown Criminal Law Group immediately upon receiving the official letter from the BMV that informs you of your impending suspension. Your dedicated St. Clairsville OVI attorney will be able to act quickly on your behalf, file the necessary paperwork, and aggressively represent you at the administrative hearing.

Can I Get Limited Driving Privileges While Suspended?

Fortunately, it is often possible to get certain essential driving privileges legally returned to you after you fulfill a mandatory portion of your suspension period. Sometimes the court will permit you to drive to maintain your employment, attend school classes, and travel for essential court hearings and doctor appointments. However, you must clearly understand that you can ONLY go directly to and from those approved places. An adept St. Clairsville criminal lawyer can assist you in drafting the formal petition to request these crucial daily driving permissions in Belmont County.

Hard Time Guidelines for Failed BAC Tests

There are highly specific guidelines regarding exactly when you can be legally granted limited driving privileges. If your driver’s license was suspended because you failed a chemical BAC test, you must serve a “hard minimum” time frame. A competent St. Clairsville OVI attorney can verify your eligibility based on these mandatory minimums:

• 15 Days: Must be served of a 90-day suspension.
• 45 Days: Must serve a year-long suspension.
• 180 Days: Must be served after receiving a two-year suspension.
• No Privileges: If your license has been suspended for three years because you tested over the legal limit four times, you will not be allowed to ask for privileges.

Hard Time Guidelines for Refused Tests

There are slightly different, often harsher rules for people who have their licenses suspended specifically for refusing to submit to a chemical BAC test. Discussing these waiting periods with a qualified St. Clairsville criminal lawyer is essential for your planning:

• 30 Days: Minimum time before requesting privileges on a one-year suspension.
• 90 Days: Minimum time served for a two-year suspension.
• 1 Year: Minimum time served for a three-year license suspension.
• 3 Years: Minimum time served for a five-year suspension.

We Can Help Keep You on the Road

Losing your driving privileges is just one of the devastating OVI consequences that can severely limit your daily life, and it can cause a massive ripple effect of bad things for you and your family. Without transportation, you could lose your job and your home, and be unable to adequately care for yourself or your loved ones. Even limited driving is infinitely better than having no driving capabilities at all. You should always request to be legally allowed to drive to work, school, court hearings, and medical appointments when you are dealing with a suspended license. The legal professionals at Youngstown Criminal Law Group have extensive experience in Ohio OVI defense and can help you get safely back on the road. Call (330) 791-8104 today.