In Ohio, as a first-time offender, if you take a breath test and you are over the prohibited level of .08, you are placed under an administrative license suspension for 90 days, which is something that comes directly from the BMV. However, you are eligible for driving privileges after 15 days. If you refuse a chemical test, you are placed on a one-year driving suspension and are eligible for driving privileges after 30 days. If you do a blood or urine test and pass, your license will not be suspended. However, if you are convicted of an OVI, you will have a mandatory suspension lasting one to three years.
Sometimes, officers will ask “Do you want a one- year suspension or just a 90-day suspension?” as a tactic to get you to take a chemical test, but the arrested person may not realize that if they are convicted of an OVI, their suspension will be 1-3 years anyway. The automatic suspensions do not have anything to do with the suspension you may get if convicted.
How Has the COVID Situation Impacted People With Pending OVI Cases In Ohio?
The courts are actually still open in Cincinnati, Ohio. However, they are only allowing certain types of appearances, and not having jury trials. All jury trials have been suspended for the time being. -REMOVE. We are back to having Jury trials.
Are There Any Limited Driving Privileges That Someone Can Apply For When Facing OVI Charges In Ohio?
Yes. For a 1st time offender, 15 days after a failed chemical test, you are eligible for restricted driving privileges. If you refused a chemical test, you’ll be eligible after 30 days. Those privileges generally will allow you to go to work, attend medical appointments, drive to educational classes, and meet with your attorney for legal purposes. Some judges may allow you to get an ignition interlock, which will allow you to drive whenever and wherever you please, as long as you pass the alcohol breath test. If your breath test results were in the ‘high tier’, you may be asked to install an ignition interlock even if your driving privileges are restricted.
Is It Possible To Get My OVI Reduced To A Physical Control Or Reckless Operation In Ohio?
Yes. First time offenders often have their charge reduced to a ‘reckless operation’ charge. If my client has a commercial driver’s license (CDL) or drives for a living, I will suggest attempting to reduce the charge to a ‘physical control’ charge, as it results in no points on their license.
If you have a prior conviction, it may be difficult to reduce an OVI charge.
For more information on Driver’s License Consequences Of OVI Charges, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (513) 924-4378 today.