Making Wise Decisions After A DWI/OVI Arrest
Driving a motorized vehicle after using drugs or alcohol is considered a serious offense in Ohio. Known as an “OVI,” this offense could involve penalties such as incarceration, fines, license suspension or even vehicle confiscation.
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.
|OFFENSE(S) IN PAST SIX YEARS||TEST FAILURE .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 alcohol, a drug of abuse or a combination of both 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 .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’s license at the time of your suspension. Typically, there is a waiting period before you are eligible for driving privileges.
|LIMITED DRIVING PRIVILEGE WAITING 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 10 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 on 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 blood, blood serum or plasma, breath, or urine to determine the level of alcohol, drug, controlled substance, metabolite of a controlled substance or any such substances in combination in your body 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 five years. This is known as Ohio’s Administrative License Suspension or “ALS.”