OVI FAQs
- If my license was taken away because I was arrested for drunk driving, can I still drive to work?
- How soon can I get my license back?
- Will I be required to serve jail time or probation?
- If I am convicted, how much will it cost me?
- What happens if I refuse to take a breath test?
- If I already have one or more prior OVI/DUIs, what happens if I am arrested for another?
- What happens if I hurt someone when I was drunk driving?
- If I am not of drinking age, what happens if I am arrested for drunk driving?
Have you recently been arrested for drunk driving? Ohio has very strict drunk driving laws, and OVI (Operating a Vehicle while Intoxicated) charges should not be taken lightly. If you are unsure of Ohio law, consult these frequently asked questions:
If my license was taken away because I was arrested for drunk driving, can I still drive to work?
Not right away. You must apply for limited driving privileges (sometimes referred to as an occupational, conditional, or probationary permit), which require a 15-day waiting period from the time of arrest or conviction.
How soon can I get my license back?
An OVI arrest will result in your license being suspended for a minimum of 90 days. If convicted, your license will be suspended for a minimum of six months, but the judge may impose a maximum suspension of three years.
Will I be required to serve jail time or probation?
If convicted of an OVI offense, most courts will allow you to attend a three-day driver intervention program (DIP) in lieu of three days jail time. However, if your blood alcohol content (BAC) was above 0.17%, you could serve three days in jail in addition to attending DIP. The judge, in his or her discretion, may also require you to use yellow DUI license plates and/or wear a Secure Continuous Remote Alcohol Monitoring (SCRAM) bracelet to periodically monitor your BAC. Attorney Billak will fight to prevent these consequences from occurring.
If I am convicted, how much will it cost me?
Fines for a first OVI conviction can range from $375 to $1,075.
What happens if I refuse to take a breath test?
Refusal to take a breath or blood test to determine your BAC at the time of arrest will result in an extended license suspension and a prolonged waiting period for a conditional driving permit. If this is your first OVI offense, your license suspension will be increased from 90 days to one year. Likewise, a first-offense refusal will increase your waiting period from 15 to 30 days.
If I already have one or more prior OVI/DUIs, what happens if I am arrested for another?
If this is your second OVI arrest, you will face a minimum one year license suspension, which can be increased up to five years upon conviction. Your waiting period for a probationary permit will be 30 days upon arrest, and 45 days upon conviction. For a third OVI, your license suspension will last two years after arrest, with a possible extension of up to 10 years if convicted (waiting periods for a permit will be at least six months). Four or more OVIs require a minimum three-year license suspension, often with no conditional permit option, and conviction carries the potential to lose your license for life.
Convictions for repeat offenses also result in more significant jail time, fines, and probation periods, as well as mandatory yellow DUI plates and a SCRAM bracelet. You may also be required to have an ignition interlock device installed on your car. Refusing to take a BAC test will add a year to your license suspension for second and third OVI offenses. If this is your fourth or greater OVI offense and you refused a BAC test, your license will be suspended for two additional years.
What happens if I hurt someone when I was drunk driving?
Hurting another driver, passenger, or pedestrian while driving under the influence can result in a number of criminal charges, as well as civil liability. A death resulting from your accident may bring charges as serious as manslaughter. If you injure someone, you may face criminal negligence charges, and the injured party may sue you in civil court for personal injuries.
If I am not of drinking age, what happens if I am arrested for drunk driving?
Ohio has stricter laws for persons under 21 who are stopped for drunk driving. The legal BAC limit for adults is 0.08%, but minors may be arrested for driving with a BAC of 0.02% or greater. While the penalties are generally less severe, the waiting period for probationary permits is longer.
To view the official statutory guidelines for license suspensions, convictions, and the associated penalties, view the Ohio Traffic Code.
Seek Experienced Legal Representation
If you have been arrested for drunk driving and need an experienced OVI/DUI lawyer, contact Damian A. Billak today for a free initial consultation. Attorney Billak will handle your case personally.
