Ohio law prohibits the operation of a motor vehicle while under the influence of drugs or alcohol. This offense is known as an “OVI.” You may also know it as driving under the influence or “DUI” as it is commonly called in the State of Ohio. It is a serious offense that could lead to incarceration, high fines and/or confiscation of your vehicle by authorities. Other penalties include license revocation or suspension.

If convicted, you also face the stigma of being labeled a drunk driver, which may include marked license plates and possibly a negative impact on your career and personal life. With so much at stake, it is important to work with a highly skilled attorney to help you achieve the best possible outcome. The attorneys at Wiles Richards can help you navigate your way through this legal minefield.

An Overview of the Ohio OVI Laws
The Implied Consent Law and Administrative License Suspension



OFFENSE(S) IN PAST 6 YEARS TEST FAILURE 0.08% + TEST REFUSAL
FIRST OFFENSE 90 Day Suspension One Year Suspension
SECOND OFFENSE One Year Suspension Two Year Suspension
THIRD OFFENSE Two Year Suspension Three Year Suspension
FOURTH OR GREATER Three Year Suspension Five Year Suspension


It is important to read your paperwork carefully, as you may have the option of appealing your Administrative License Suspension.

Why you were arrested

In Ohio, it is unlawful for any person who is under the influence of (a) of alcohol; or (b) a drug of abuse; or (c) a combination of alcohol and a drug of abuse, to operate a vehicle. The most common way to be arrested for OVI in Ohio is for having a breath alcohol concentration or “BAC” greater than 0.08.

My license was suspended. What do I do now?

Depending on your circumstances, limited driving privileges may be available to you if your license was suspended and you had a valid Ohio Driver License at the time of your suspension. Typically, there is a waiting period before you are eligible for driving privileges.



LIMITED DRIVING PRIVILEGE WAITNG PERIOD TABLE
OFFENSE LENGTH OF SUSPENSION WAITING PERIOD
1st test failure 90 days 15 days
1st test refusal one year 30 days
1st OVI conviction six months to three years 15 days
2nd test failure one year 30 days
2nd test refusal two years 90 days
2nd OVI conviction one to five years 45 days
3rd test failure two years 180 days
3rd test refusal three years one year
3rd OVI conviction two to ten years 180 days
4th+ test failure three years three years
4th+ test refusal five years three years
4th OVI conviction three years to lifetime three years


In Ohio, if you operate a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking, the law states that by doing so you have implicitly consented to a chemical test of your whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug, controlled substance, metabolite of a controlled substance, or combination content of your whole blood, blood serum or plasma, breath, or urine if arrested for an OVI offense.

Pursuant to Ohio’s implied consent law, if you fail one of these tests or refuse to consent to them, your license can be suspended anywhere from 90 days to 5 years. This is known as Ohio’s Administrative License Suspension or “ALS.”

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