DUI Driving Privileges

When an Ohio driver receives a license suspension, the court is generally willing to grant the driver limited driving privileges for a number of specific purposes: (a) work; (b) school; (c) medical appointments; (d) in the case of an expiring driver’s license, to take the driver’s license examination; (e) to attend court-ordered treatment; and (f) any other reason the court finds appropriate. Other than the specific purposes listed above, drivers are not permitted to drive during the suspension.

Further, if the court decides to give someone driving privileges, the court is required to state the specific purpose, time and location that the individual is permitted to drive. If a police officer, sheriff’s deputy or state highway patrolman catches a driver with driving outside the scope of his privileges, he will typically cite the driver for driving while under suspension.

If you have an Ohio DUI case, you should consider talking to a top Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Ohio DUI lawyer may be able to prevent that from happening.

Driving Privileges While Under a Court License Suspension for a DUI conviction

When an Ohio driver is convicted of a DUI offense, the court is required by law to impose a mandatory license suspension on the driver. However, Ohio law also permits the court to grant limited driving privileges as follows:

• For a first Ohio DUI conviction in ten years, the court may grant limited driving privileges after the first fifteen days of the suspension.
• For a second Ohio DUI conviction in ten years, the court may grant limited driving privileges after the first forty-five days of the suspension.
• For a third Ohio DUI offense in ten years, the court may grant limited driving privileges after the first six months of the suspension.
• For an Ohio felony DUI offense, the court may grant limited driving privileges after the first three years of the suspension.

Driving Privileges While Under an Ohio Administrative License Suspension for Failed Breath Test

When an Ohio driver is arrested for a DUI offense and fails a breath test, the BMV imposes a mandatory license suspension on the driver. However, Ohio law permits the court to grant limited driving privileges as follows:

• For a first failed breath test in ten years, the court may grant limited driving privileges after the first fifteen days of the Ohio ALS suspension.
• For a second failed breath test in ten years, the court may grant limited driving privileges after the first forty five days of the Ohio ALS suspension.
• For a third failed breath test in ten years, the court may grant limited driving privileges after the first six months of the Ohio ALS suspension.
• For a fourth failed breath test in ten years, the court may grant limited driving privileges after the first three years of the Ohio ALS suspension.

Driving Privileges While Under an Ohio Administrative License Suspension for Refusing a Breath Test

When a driver is arrested for an Ohio DUI offense and refuses to take a breath test, the BMV imposes a mandatory license suspension on the driver. However, Ohio law permits the court to grant limited driving privileges as follows:

• For a first refusal in ten years, the Ohio court may grant limited driving privileges after the first thirty days of the suspension.
• For a second refusal in ten years, the court may grant limited driving privileges after the first ninety days of the suspension.
• For a third refusal in ten years, the court may grant limited driving privileges after the first year of the suspension.
• For a fourth refusal in ten years, the Ohio court may grant limited driving privileges after the first three years of the suspension.

It’s worth noting that in comparing the above provisions for driving privileges in a case with a failed breath test and a case with a breath test refusal, a driver who takes the breath test and fails gets driving privileges much sooner than a driver who refuses to take the breath test. Thus, it is clear the Ohio Legislature has decided to give Ohio DUI drivers an incentive to submit to breath testing even when they believe they’re over the legal limit of blood alcohol concentration.

Common Mistakes in Ohio DUI/OVI Investigations

No Ohio DUI/OVI/drinking and driving arrest is perfect and the best Ohio DUI/OVI lawyers knows this. Most Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.