• March 26, 2020
  • OVI

Your Driving Under Suspension in Ohio Questions Answered

driving under ovi suspension in ohio

In Ohio, OVI means operating a vehicle impaired.

It falls under the same umbrella of charges as a DUI (driving under the influence) but applies to both motorized and non-motorized vehicles.

In Ohio, you commit driving under OVI suspension when you operate a vehicle with a driver license that was suspended because of an OVI charge.

The crime of driving under OVI suspension is generally a first-degree misdemeanor. Its penalties vary depending on the number of OVI suspension offenses you’ve had.

If you have been arrested for driving under OVI suspension in Ohio, you should contact an OVI defense attorney today.

What Is the Penalty for Driving with a Suspended License in Ohio?

In Ohio, driving under suspension is typically a first-degree misdemeanor offense that carries up to six months in jail. You also face up to $1,000 in fines. The court may also:

  • Impound your license plates,
  • Immobilize your vehicle, or
  • Order you to perform community service.

If you are convicted a third time for DUS, you face criminal forfeiture of your vehicle.

Finally, you will face an extension of your license suspension of up to one year. When you do get your license back, you must pay reinstatement and service fees. You may also have to take a driving course and a written test to get your license back. Repeat DUS offenses could subject you to having your driver license revoked permanently.

DRIVING UNDER OVI SUSPENSION OHIO FAQ

What Happens After Each Offense?

The penalties for driving under OVI suspension become more severe with the more offenses you have.

DRIVING UNDER OVI SUSPENSION OHIO FAQ

First Offense

Your first arrest for driving under OVI suspension is a first-degree misdemeanor. It carries a mandatory jail term of three consecutive days or 30 consecutive days of house arrest. It also carries a $250 to $1,000 fine and up to a one-year suspension of your license.

Furthermore, if the vehicle you were operating is registered in your name, the State will impound both the vehicle and your license plates for up to 30 days.

DRIVING UNDER OVI SUSPENSION OHIO FAQ

Second Offense

Your second arrest for driving under OVI suspension within six years of your first offense is still a first-degree misdemeanor.

It carries a jail term of at least 10 consecutive days to one year or house monitoring of at least 90 days to one year.

It also carries a $500 to $2,500 fine and up to a one-year suspension of your license.

Additionally, the State will impound both the vehicle and your license plates for up to 60 days if the vehicle is registered in your name.

DRIVING UNDER OVI SUSPENSION OHIO FAQ

Third Offense

Your third offense of driving under OVI suspension within six years of your first offense is an unclassified misdemeanor.

It carries a jail term of at least 30 consecutive days to one year. It also carries a $500 to $2,500 fine and a license suspension of up to one year.

Unlike your first or second offense, you lose the vehicle you were operating to the State if it is registered in your name.

An Ohio OVI attorney can help you understand how these penalties might apply to your case.

DRIVING UNDER OVI SUSPENSION OHIO FAQ

What Are the Possible Reasons for Driver License Suspension in Ohio?

You can lose your driver license in Ohio for reasons that include:

  • OVI/DUI conviction,
  • Reckless operation of a vehicle,
  • Lack of registration or insurance,
  • Default on your child support, and
  • Excessive traffic violations.

If you fail to appear for a court date or default on a judgment, the court also has the option of suspending your license.

One of the most common reasons for license suspension is getting arrested for DUI or OVI. When the police arrest you on DUI charges, your license is automatically suspended.

You can appeal the suspension through the Ohio Bureau of Motor Vehicles (BMV). However, you have only five days to formally request an administrative hearing to appeal.

Note that these charges can potentially be reduced or eliminated with the help of a DUI defense lawyer.

DRIVING UNDER OVI SUSPENSION OHIO FAQ

How Can an OVI Defense Lawyer Help You?

Driving with a suspended license in Ohio puts you at risk for a variety of harsh penalties. Repeat offenses place you at an even greater risk for jail time and fines. For these reasons, talking to a criminal defense lawyer about your options is critical.

Because Ohio DUS penalties can be so harsh, your attorney may recommend appealing your suspension if possible. The process for appeal can be daunting, and unless you understand how this process works, you may lose your appeal. Having an attorney to represent you at your BMV hearing will give you the best chance of success.

A lawyer can help you defend against a charge of driving under OVI suspension. Common defenses a lawyer can raise arise from your rights under the United States Constitution.

DRIVING UNDER OVI SUSPENSION OHIO FAQ

Possible Defenses to Your Arrest After Driving Under Suspension in Ohio

Constitutionality of the Traffic Stop

A lawyer can challenge the constitutionality of your traffic stop when defending against your OVI suspension charge.

Under the Fourth Amendment, police need reasonable suspicion to pull you over. Reasonable suspicion means that specific articulable facts support an inference that you committed a crime. Most of the time, an officer observing any traffic infraction supports reasonable suspicion.

Sometimes, facts surrounding the stop may not support a finding of reasonable suspicion. Talk to an OVI defense lawyer today to find out if you can challenge evidence supporting your charge under the Fourth Amendment.

Coerced Statements

You have the right not to make self-incriminating statements under the Fifth Amendment.

Sometimes, after an arrest, a police officer may coerce you into making statements before advising you of your constitutional right to remain silent. If a police officer manipulated you into making incriminating statements, an OVI defense lawyer may be able to exclude those statements from being used as evidence.

DRIVING UNDER OVI SUSPENSION OHIO FAQ

Why Should You Contact an OVI Defense Lawyer?

An OVI defense lawyer can give you leverage and help you avoid making mistakes when defending against your driving under OVI suspension charge. The lawyers at Gounaris Abboud, LPA, have more than five decades of combined experience and have achieved dismissals and penalty reductions for many clients.

Contact us today at 937-222-1515 to schedule your free consultation.

Author Photo

Nicholas Gounaris

Mr. Gounaris is able to understand legal issues from many different vantage points and that experience has proved invaluable in assisting his clients. Mr. Gounaris regularly represents clients in Montgomery, Greene, Miami, Preble, and Warren Counties as well as in the Federal Courts located in the Southern District of Ohio and throughout the United States. He provides clients of the firm with competent legal representation and focuses his law practice in the areas of DUI DefenseCriminal Defense, Family Law Issues, Federal Criminal Law and Personal Injury cases.