Driving Privileges after a DUI in Cincinnati, Ohio

An Ohio OVI (Operating a Vehicle under the Influence) arrest can significantly affect your driving privileges. If you’ve been arrested for a DUI in Cincinnati, you may have immediate concerns about your driver’s license: Can you still drive? Why did the officer take your license? What is an administrative license suspension (ALS)?

To learn more about the administrative and criminal penalties that impact your driving privileges after DUI arrests or convictions, contact a dedicated Cincinnati DUI attorney at Luftman, Heck & Associates. We are highly experienced in defending against OVI/DUI charges and can help you keep your driver’s license – or get it back as soon as possible.

For a free initial consultation, call LHA at (513) 338-1890 or reach out to an attorney through our online form.

OVI Driving Privileges in Cincinnati

Under Ohio Revised Code 4511.19, you can be charged with an OVI/DUI if you’re caught driving under the influence of alcohol, drugs, or a combination of both. The legal BAC limits of individuals in Ohio are:

• 21+ years old: BAC of .08% or higher
• Under 21: BAC of .02% or higher
• Commercial drivers: BAC of .04% or higher

However, you can be arrested for an OVI even if your BAC is under the legal limit if there’s sufficient evidence that alcohol, drugs, prescription medications, or over-the-counter drugs impaired you.

If you’ve been arrested for an OVI in Ohio, it’s crucial to consult an experienced Cincinnati DUI defense lawyer to understand your rights, the status of your driving privileges, and your defense options.

What Happens to Your License After an OVI Arrest?

Ohio’s implied consent law (ORC 4511.191) mandates that all drivers on public roads consent to a chemical test of blood, breath, or urine if arrested for OVI. Refusing to take the test can result in an administrative license suspension (ALS), in addition to other penalties.

While field sobriety tests and breathalyzers are not covered by implied consent, refusal to take a chemical test after an arrest can lead to serious consequences, including:

• Confiscation of your license
• Administrative license suspension
• Potential criminal penalties if convicted

Your refusal to take a breath test could also lead to harsher criminal penalties if you are convicted. If you refuse to take a warrantless blood test, you can face civil penalties, however, you cannot be criminally punished.

For drivers under 21, DUI penalties are stricter, starting with a 90-day suspension and escalating with additional offenses.

ALS Suspension in Ohio

After an OVI arrest, your license can be suspended in two primary ways:

1. You refuse to submit to a chemical test, or
2. You failed a chemical test (BAC over the legal limit)

This could result in an administrative license suspension (ALS), which is a civil penalty, not a criminal sanction. The duration of the suspension depends on whether this is your first offense or if you have prior refusals or failed tests:

• First Refusal – A one-year suspension
• 1 Prior Refusal – A two-year suspension
• 2 Prior Refusals – A three-year suspension
• First Failed Test – A 90-day suspension
• 1 Prior Failed Test – A one-year suspension
• 2 Prior Failed Tests – A two-year suspension

If you have multiple refusals or failed tests, your suspension could last up to five years. To try and avoid an ALS, you must request a hearing within 30 days of your initial appearance in court.

License Suspension in Ohio After an OVI Conviction

If you are convicted of an OVI in Ohio, your criminal license suspension will depend on the number of offenses:

• First DUI: Suspension of six months to three years
• Second DUI: Suspension of one to five years
• Third DUI: Suspension of two to 10 years
• Felony DUI: Suspension of three years to life

For those under 21 years old, the license suspension for a DUI conviction can range from 90 days to two years. A second offense will result in a license suspension of one to five years.

Limited Driving Privileges After a DUI Conviction

Under certain circumstances, you can work with a Cincinnati DUI defense attorney to request limited driving privileges (LDP) after a hard suspension period. The following time frames apply before you can apply for LDP:

• First DUI: 15-day suspension
• Second DUI: 45-day suspension
• Third DUI: 180-day suspension
• Felony DUI: 3-year suspension
• Underage DUI: 61-day suspension

If you are granted limited driving privileges, you may be allowed to drive to and from work, school, court appointments, and medical appointments. You may also be required to install an ignition interlock device, this prevents your vehicle from starting if alcohol is detected.

A DUI conviction in Ohio adds six points to your driver’s record. Accumulating 12 points on your license can lead to a driver’s license suspension. Be aware that too many points can significantly impact your driving privileges.

How to Reinstate Your Driver’s License After a DUI Suspension

Once your administrative or criminal license suspension is completed, you must go through the reinstatement process:

1. Visit the BMV
2. Pay the reinstatement fee
3. Provide proof of insurance

Reinstating your driver’s license is not automatic. You must complete these steps before regaining your driving privileges. Once you have your new driver’s license, then you have regained your driving privileges after a DUI.

Why Legal Representation Is Essential After a DUI

Without legal help, you may lose access to limited privileges or worse, face extended suspension due to missed deadlines or procedural missteps. An experienced Cincinnati DUI license suspension lawyer can:

• Challenge the legality of the traffic stop or arrest
• File a motion to terminate or shorten the ALS
• Advocate for immediate LDP during sentencing
• Fight to preserve your clean driving record

Every day without a license affects your job, family, and life. Don’t wait to get legal help.

Frequently Asked Questions About DUI License Suspensions

Can I drive after my first DUI in Ohio?

Yes, but only after a 15-day hard suspension and with limited driving privileges approved by the court.

What happens if I refuse a breath test in Ohio?

You’ll face an automatic ALS license suspension—even if you’re not convicted of DUI in court.

Can I appeal my license suspension?

Yes. You must request a hearing within 30 days of your initial appearance to challenge an ALS.

Do I need a lawyer to get limited driving privileges?

While not legally required, an experienced DUI lawyer can help you secure privileges faster and improve your overall case outcome.

How long does a DUI stay on my driving record in Ohio?

OVIs are permanent in Ohio. They cannot be expunged and count against you for sentencing purposes for 10 years.

Protect Your License. Call a Cincinnati DUI Lawyer Today

If you have been arrested or charged with an OVI in Ohio, don’t delay – contact the Cincinnati DUI lawyers at Luftman, Heck & Associates to investigate your case and advise you of your options.

We will thoroughly investigate your case and help you explore the best defense strategies to protect your driving privileges and secure the best possible outcome. To schedule a free consultation, call (513) 338-1890 or submit a request online.