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If you have an Ohio Administrative License Suspension from an OVI, you may be eligible for driving privileges.  Several things will determine how soon you can get driving privileges. Ohio law makes driving privileges conditioned on how many past OVI Convictions you’ve had.

Driving Privileges Ohio | Ohio OVI Plates

Below is information on the availability of driving privileges and other Ohio OVI Driving Penalties.

1st Offense OVI Driving Penalties

License:

  •     Suspension: 6 Months – 3 Years
  •     Privileges: Optional After 15 days (30 days for refusal)
  •     Reinstatement Fee: $450
  •     6 Points

Vehicle :

  •     Optional Special Plates OR Interlock
  •     Special Plates Mandatory With .017 Breath Test

2nd Offense OVI Driving Penalties

License:

  •     Suspension: 1 – 5 Years
  •     Privileges: Optional After 45 days (90 days for Refusal)
  •     Reinstatement Fee: $450
  •     6 Points

Vehicle:

  •     Forfeiture Mandatory (if registered to Defendant)
  •     Special Plates AND Interlock Mandatory (Alcohol Only)

3rd Offense OVI Driving Penalties

License:

  •     Suspension: 2 – 10 Years
  •     Privileges: Optional After 180 days (1 year for Refusal)
  •     Reinstatement Fee: $450
  •     6 Points

Vehicle:

  •     90 day Immobilization
  •     Special Plates AND Interlock Mandatory (Alcohol Only)

4th and 5th Offense OVI Driving Penalties

License:

  •     Suspension: 3 Years – Life
  •     Privileges: Optional After 3 years (failed test or Refusal)
  •     Reinstatement Fee: $450
  •     6 Points

Vehicle:

  •     Forfeiture Mandatory (if registered to Defendant)
  •     Special Plates AND Interlock Mandatory (Alcohol Only)

Ref: Ohio Revised Code Section 4511.19

Definition: Driving Privileges Ohio

Limited Driving Privileges describes a court ordered modification of a license suspension. They allow you to drive while your OVI case is pending or during any suspension after your case.

Privileges Ohio Waiting Period

There is a waiting period for privileges. This waiting period is also called a “hard suspension.”

The waiting period depends on if you failed a test or refused it and if you have past failed tests, refusals, or convictions.

Ohio treats driving as a privilege not a right. The judge can withhold privileges.

Driving Privileges Ohio Uses

Driving privileges usually let you drive for work, but sometimes for other reasons.  Ohio law also lets you use privileges for:

  • Occupational, educational, vocational, or medical purposes;
  • Taking the driver’s or commercial driver’s license examination;
  • Attending court-ordered treatment.
  • Practicing driving (minors only) with a parent, guardian, or custodian.

A judge still must approve any of these uses.

Driving Privileges Ohio Requirements

To get driving privileges you must meet the following requirements:

  • You must keep a certified copy of your driving privileges order with you when you drive.
  • You must have a certified order with the Clerk of Court’s Seal and a judge’s signature.
  • Your driver’s license must be otherwise valid.
  • You must have Insurance Proof.
  • If you have multiple suspensions you must have an order for each one.
  • If your driver license is cancelled or expired,  you need an order allowing you to retest and renew your license.
  • If your commercial driver license is cancelled or expired, this order must specify that you’re may restest and renew your CDL license.

Requesting Ohio Driving Privileges Procedure

Your lawyer usually requests limited driving privileges at the first court date or at the end if your license is still suspended.

Some courts require a hearing, written motion, and a fee. Some will accept an oral motion. However, most courts require only an oral motion and a signed order. This order includes your work schedule and other conditions.

Temporary Ohio State ID

If you have an OVI suspension, the police should have seized your license after you refused or failed a test.

While your case is pending, you can let your certified driving privileges order serve as your driver’s license for driving.

If you need identification for other reasons, you may get a Temporary State ID.

IMPORTANT: You must specifically request a Temporary ID. Do this only after the BMV is notified of your OVI Suspension. Otherwise you will get a regular State ID which will cancel your license.

To get a state ID, you will need both your social security card and birth certificate or other forms of ID the BMV accepts.

Conditions and Penalties for Violating

As stated above, you must keep a certified copy of your driving privileges order with you when you drive.  Most people keep them in the glove box. The privileges order lists your days and hours and states whether they vary. You may be required to carry a driving log or work schedule.

Driving without privileges or outside the specified conditions of your privileges will result in a Driving Under an OVI Suspension charge.  This carries a mandatory minimum 3 days in jail.

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Adam G. Burke is a top Columbus criminal defense attorney. He represents clients in federal and state courts in Columbus, Ohio and surrounding areas. He has successfully defended men and women facing serious felony and misdemeanor charges.