Ohio Administrative License Suspensions / Limited Driving Privileges

In the state of Ohio, specifically within Mahoning County, it is actually the Bureau of Motor Vehicles (BMV) that issues license suspensions, rather than the criminal court system. This is an important distinction to make, as a license suspension is considered a civil penalty rather than a criminal consequence. Generally, the BMV will suspend your driving privileges for two primary reasons: either you refused to submit to a chemical BAC (blood alcohol content) test, or you took the test and your results exceeded the legal limit.

If you decide to refuse a chemical test, the duration of your administrative license suspension (ALS) relies heavily on your prior driving history. A knowledgeable Youngstown criminal lawyer can explain that if you have no prior OVI convictions or have never refused a chemical test before, you are facing a one-year suspension. However, the penalties increase with repeat occurrences:

• One prior refusal: Your license will be suspended for two years.
• Two prior refusals: The BMV will impose a three-year suspension.
• Three or more refusals: You will lose your driving privileges for five years.

The rules differ slightly if you complied with the testing but your BAC results were over the legal limit (0.08 percent or higher). For a first-time occurrence with no prior refusals, the suspension period is 90 days. Repeat incidents result in harsher penalties:

• One prior incident: A one-year license suspension.
• Two prior incidents: A two-year suspension.
• Three prior incidents: A three-year suspension.

You do have the right to appeal an administrative license suspension, but strict deadlines apply. You must file a request for a hearing within 30 days of your initial arraignment, which usually coincides with your first court appearance. It is crucial to contact a Youngstown DUI attorney immediately after receiving your suspension notice from the BMV. Legal counsel can act swiftly to represent you at the hearing and fight for your rights.

Can I Get Limited Driving Privileges While My License Is Suspended?

Even with a suspended license, it is possible to regain certain driving privileges once a portion of your suspension has been served. These “limited driving privileges” typically allow you to drive for specific, necessary purposes such as commuting to work, attending school, going to medical appointments, or appearing at court hearings. However, you are strictly limited to driving only to and from these approved locations.

Eligibility for these privileges depends on why your license was suspended. If you failed a BAC test, there is a mandatory “hard time” waiting period before a Youngstown criminal lawyer can help you petition for privileges:

• 90-day suspension: You must serve the first 15 days.
• One-year suspension: You must serve the first 45 days.
• Two-year suspension: You must serve the first 180 days.
• Three-year suspension (4th offense): You are not eligible to request limited driving privileges.

For those who had their license suspended due to refusing a chemical test, the mandatory waiting periods are different. A Youngstown DUI attorney will advise you of the following requirements before requesting privileges:

• One-year suspension: You must wait 30 days before requesting privileges.
• Two-year suspension: You must wait 90 days.
• Three-year suspension: You must wait one year.
• Five-year suspension: You must wait three years.

Losing the ability to drive is a significant consequence of an OVI charge that can disrupt your entire life, potentially leading to job loss and the inability to care for your family. Securing limited driving privileges is far superior to having no transportation at all. You should always seek permission to drive for essential needs like work, school, and medical care. The Youngstown Criminal Law Group is here to help you get back on the road. Contact an experienced Youngstown criminal lawyer today at 412.387.6901 for assistance with your OVI defense.