Driving Privileges Pre-trial: Hard Suspension for testing over and refusal and Court granting before disposition ORC § 4511.191(B), (C)(1)
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.
| 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 |
| Number of Offenses in 10 Years | Applicable ORC Section | Class | Restricted License/Interlock | Restricted Plates |
| 1st | §4511.191(C) | Class E 90 days | Optional | Appeal to Court under ORC §4511.197 |
| 2nd | Class 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. |
- Show proof of financial responsibility to OBMV
- Serve the period of suspension
- 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)