Driving Privileges Pre-trial: Hard Suspension for testing over and refusal and Court granting before disposition ORC § 4511.191(B), (C)(1)

OVERVIEW

Once there is a conviction for an OVI/DUI, the court must impose a mandatory suspension to a person’s driver’s license, subject to privileges after a specified period. However, if you refuse to take a breathalyzer test or test above .08, then before the conviction, a lawyer can argue that you should be granted certain driving privileges. After any hard suspension is served, these privileges can be granted in order to allow for transportation to work, or school, or to pick the children from school or daycare. What constitutes a necessity is up to the discretion of the court, so you will need an experienced lawyer to advocate for you.

Pre-trial driving privileges are typically requested at the arraignment or at the first pre-trial. Call Funkhouser Law at 614-443-5404 for a free consultation.

SUSPENSION FOR REFUSAL TO TAKE THE TEST
 

No. of Refusals/Offense in 10 years

 

 

Applicable ORC Section

 

 

Class

 

 

Limited Driving Privileges

 

 

Restricted Plates/Restricted License/Interlock

 

1st

§4511.191(B)

Class C 1 Year

Yes After 30 days

Optional

2nd

Class B 2 Years

Yes After 90 days

3rd

Class A 3 Years

Yes After 1 year

4th or more

5 Years

Yes After 3 years

SUSPENSION FOR A FAILED CHEMICAL TEST
Number of Offenses in 10 Years
Applicable ORC SectionClassRestricted License/InterlockRestricted Plates
1st§4511.191(C)

Class E 90 days

Optional

Appeal to Court under ORC §4511.197
2ndClass C 1 year

Optional

3rd

Class B 2 years

Required if alcohol related; optional if drug.

4th or more

Class A 3 years

Required if alcohol related; optional if drug.

REINSTATEMENT REQUIREMENTS
  1. Show proof of financial responsibility to OBMV
  2. Serve the period of suspension
  3. Pay the $475.00 Reinstatement fee. If the driver is convicted of the OVI offense, the driver pays only one reinstatement fee for both the Administrative License Suspension and the OVI suspension. ORC § 4511.191(F)(3)