Driving Privileges after a DUI in Cincinnati, Ohio

Discuss your eligibility for DUI privileges. Call LHA right away at (513) 338-1890 to schedule a free consultation.

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.

Ohio DUI Laws: What You Need to Know

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 you were impaired by alcohol, drugs, prescriptions medications, or over-the-counter drugs.

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 After an OVI Arrest in Ohio?

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.

Losing Your License After an OVI Arrest in Ohio

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

You refuse to submit to a chemical test, or
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.

Losing Your License 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:

Visit the BMV
Pay the reinstatement fee
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.

How a DUI Attorney Can Help Reinstate Your Driving Privileges

Losing your driving privileges after an OVI can be a significant hardship, but a skilled DUI attorney can help you navigate the reinstatement process. They can guide you through Ohio’s administrative requirements, petition the court for limited driving privileges and challenge the circumstances of your license suspension.

With the guidance of a lawyer who has experience with Ohio’s DUI laws, you can streamline the process of regaining your driving privileges and get back on the road sooner.

Arrested for OVI in Ohio? Call Luftman, Heck & Associates

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.