Facing an OVI (Operating a Vehicle Impaired) charge in Ohio can be a daunting experience, especially if it is your first offense. It can be confusing to navigate the legal process and understand the consequences. One of the most immediate concerns for many individuals is the potential impact on their driver’s license. Ohio takes impaired driving seriously, and even a first-time offense can lead to significant legal ramifications, particularly for your ability to drive.
Losing the right to drive can have a profound effect on your daily life, making it difficult to get to work, run errands, or manage family responsibilities. If you are charged with an OVI in Ohio, understanding what happens to your driver’s license is crucial to making informed decisions. In this guide, we will discuss the consequences of a first OVI offense in Ohio, what happens to your license, and what steps you can take to protect yourself during this difficult time. Sabol & Mallory Law Firm provides dedicated legal representation to help navigate the complexities of an OVI case and protect your rights.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
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Learn more about our teamUnderstanding OVI Laws in Ohio
In Ohio, an OVI charge is issued when a person is caught operating a vehicle while impaired by alcohol or drugs. The state has strict laws concerning alcohol consumption and drug use when driving, and even a first offense carries serious penalties. If your blood alcohol concentration (BAC) is 0.08 percent or higher, or if you are under the influence of drugs, you can be charged with an OVI. It is important to note that you can also face an OVI charge if the officer believes that your driving is impaired, even if your BAC is below the legal limit.
An OVI is a serious charge that falls under Ohio’s criminal laws, meaning that it can lead to criminal penalties such as fines, jail time, and mandatory programs, along with administrative consequences like license suspension. Ohio’s laws are designed to deter impaired driving, and even a first-time offender can experience significant hardships.
License Suspension After a First OVI
One of the most immediate effects of a first OVI charge is the suspension of your driver’s license. Upon being arrested for an OVI, the arresting officer may notify you of a license suspension. This can happen before you are even convicted of the offense. The Administrative License Suspension (ALS) is an automatic penalty that can occur if you either refuse to take a breathalyzer test or if your test results indicate a BAC over the legal limit. Ohio operates under an implied consent law, meaning that by driving on Ohio’s roads, you agree to submit to chemical testing if a law enforcement officer suspects that you are impaired.
If you refuse to take the test, your license can be suspended for one year, even if it is your first offense. If you take the test and fail, meaning that your BAC is over the legal limit, your license can be suspended for 90 days. These penalties occur at the administrative level, separate from any criminal penalties that you may face if convicted of an OVI. However, it is possible to appeal the suspension within a certain timeframe.
The Court Process and Conviction
If you are convicted of a first OVI in Ohio, you will face additional penalties, including further restrictions on your driver’s license. The court has the power to impose a criminal license suspension, which can range from six months to three years, depending on the circumstances of your case. This suspension is separate from any administrative suspension you may have already received, meaning that your license could be suspended twice for the same offense—once administratively and once criminally.
During the court process, the judge will consider various factors, such as your BAC level, whether you refused the test, and whether there were any aggravating circumstances, such as having a minor in the car or being involved in an accident. These factors can influence the length of the suspension and the overall severity of your sentence.
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Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
Hardship License and Limited Driving Privileges
Although a first OVI offense can result in a significant license suspension, Ohio does offer some options for those who need to drive during their suspension period. One of the most common options is applying for limited driving privileges. This is sometimes referred to as a hardship license and allows you to drive for specific reasons such as work, school, or medical appointments.
In order to obtain limited driving privileges, you must apply to the court and demonstrate that the suspension is causing an undue hardship in your life. The judge will evaluate your situation and may grant limited privileges, which typically come with restrictions such as specific hours you can drive or specific locations you are permitted to travel to. In addition, you may be required to install an ignition interlock device on your vehicle, which prevents the car from starting if it detects alcohol on your breath.
It is important to note that even with limited driving privileges, there are strict guidelines you must follow. Violating these conditions can result in additional penalties and may extend the length of your suspension. Seeking legal guidance can help ensure that you understand the process and requirements for obtaining limited driving privileges.
Impact on Your Driving Record and Insurance
A first OVI offense in Ohio will have a lasting impact on your driving record. An OVI conviction will remain on your record for six years, during which time any subsequent OVI offense will be treated as a second or repeat offense, resulting in more severe penalties. In addition to the suspension and legal consequences, an OVI conviction can significantly affect your car insurance. Many insurance companies view an OVI as a high-risk indicator, and your premiums could increase dramatically. In some cases, you may even be dropped by your insurance provider and forced to find new coverage, often at a much higher rate.
Having an OVI on your driving record can create long-term difficulties, not only affecting your insurance but also potentially limiting job opportunities, particularly if your work involves driving. The repercussions of an OVI can extend well beyond the immediate penalties, making it critical to fully understand your options and rights during the legal process.
Reinstating Your License After a First OVI
After the suspension period has ended, you will need to go through a formal process to reinstate your driver’s license. In Ohio, reinstating your license involves paying reinstatement fees, completing any court-ordered programs such as alcohol or drug education courses, and providing proof of insurance. The reinstatement fee for an OVI suspension can be costly, and you will need to submit proof of insurance to the Bureau of Motor Vehicles (BMV) before your license can be restored.
In some cases, you may also be required to retake parts of the driver’s exam, including the written and road tests, before your license is fully reinstated. The reinstatement process can be complicated, and failing to meet the necessary requirements could lead to further delays in getting your license back.
How Legal Representation Can Help
Navigating an OVI charge and the related consequences can be overwhelming, particularly when it comes to understanding your license suspension and the steps to reinstate it. Having experienced legal representation can make a significant difference in your case. A skilled attorney can help you understand the charges, challenge the evidence against you, and work to minimize the penalties you face. In some cases, an attorney may be able to help you reduce or eliminate your license suspension, allowing you to retain your driving privileges.
Every OVI case is different, and the circumstances surrounding your arrest can have a big impact on the outcome. An attorney will be able to assess the details of your case and provide personalized advice on the best way to move forward. From challenging the legality of the traffic stop to negotiating for reduced penalties, having legal support can help protect your rights and your future.
If you are facing a first OVI charge in Ohio, it is important to act quickly and seek legal guidance to protect your rights and minimize the impact on your life. The consequences of an OVI can be far-reaching, from the loss of your license to increased insurance rates and potential job complications. Sabol & Mallory Law Firm is here to help you navigate the legal process and fight for the best possible outcome in your case. With experienced attorneys who understand the complexities of OVI law, Sabol & Mallory can provide the support you need during this challenging time. Contact us today to discuss your case and learn how we can assist you.