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.”