Limited Driving Privileges In Ohio

An Administrative License Suspension (ALS) is often imposed on a suspect arrested for DUI. Obtaining limited driving privileges for work, school, or medical reasons is an important and immediate need for most people arrested for DUI.

While awaiting the outcome the DUI case or even after a DUI conviction, limited driving privileges may be granted at the court’s discretion. Privileges are limited to particular instances, as defined by Ohio law.

They may be given for occupational, educational, vocational or medical purposes. Driving privileges may also be granted in order to take a driver’s license examination, attend court-ordered treatment and for minors in need of practice while accompanied by a parent or guardian.

Normally, a “hard” license suspension is imposed in the time after the initial arrest and the first court appearance, known as an arraignment. Typically, limited driving privileges are requested during the arraignment or the first pre-trial hearing.

Certain judges require the accused to file a written motion and have a hearing prior to granting driving privileges, while others will accept an oral petition. Depending on the judge, driving privileges are sometimes easily granted; other times they are not. Granting driving privileges is at the discretion of the judge.

Sometimes, driving privileges are denied, even if the offender is eligible to receive them. In order to successfully petition for limited driving privileges, the person must have current auto insurance, as well as valid insurance at the time of the arrest. If not, the person is not eligible for driving privileges.

Limited driving privileges are just that: limited. If granted, the offender will receive a letter granting permission to drive. The letter will contain the home address of the offender and the particular destinations they are allowed to drive to, along with the days and hours of their work/school/appointment schedule.

Sometimes, schedules vary from week to week, or, possibly even day to day. In those cases, the letter will state that the driver’s schedule varies and requires the driver to possess a current work/school schedule.

By either not carrying a current schedule or driving outside the scope of the privileges, the person may be arrested for Driving Under Suspension, which carries penalties of a maximum six months in jail, $1,000 fine and immediate impoundment of the driven vehicle.

While a case is pending and if the defendant meets certain requirements, the court may grant that person pre-trial limited driving privileges. In determining whether limited driving privileges will be granted, the judge looks at whether or not the defendant tested over the legal limit, whether or not the defendant refused a blood alcohol test and whether or not the defendant had any previous DUI convictions or refusals.

With a first offense for DUI, a person who tested over the legal limit is eligible to petition for driving privileges after a 15 day “hard” suspension, whereas a person who refuses is eligible after 30 days.

If a person has had two refusals in the last six years, the hard suspension is for 90 days. A third refusal in six years results in a hard suspension of one year. For a person with two failed tests in six years, the resulting hard suspension is for 30 days, while three failed tests in six years results in a suspension of 180 days.

The court may order additional restrictions of a person’s driving privileges, such as requiring the installment of an ignition interlock device, yellow restricted license plates, or both. Courts may require the ignition interlock device in cases involving second offenses or a high tier test result.

An ignition interlock device is used to disable the vehicle’s starting mechanism until a sample of the person’s breath is shown to be free of alcohol and will request additional samples while the vehicle is in use.

Interlock devices are installed at the defendant’s cost and normally range from $45-75 per month. In order to install an ignition interlock device, the defendant must obtain from the BMV an Interlock License. Then, they must make an appointment to see the probation department, before scheduling an appointment to have the device installed.

Typically after a DUI arrest, the defendant’s driver’s license is surrendered to the arresting officer. To obtain temporary identification, we suggest the use of a passport or applying for a temporary state ID card.

The defendant must be aware of the difference between a TEMPORARY state ID and a PERMANENT state ID. Obtaining a permanent state ID will cause the termination of the suspended driver’s license, and thus, make the person ineligible to obtain any driving privileges. At the conclusion of any license suspension, the defendant will then have to re-take both the written and driving tests in order to secure their driver’s license.

Be aware that notification of an ALS to the BMV generally takes about two weeks. If a person applies for a temporary State ID prior to the BMV receiving notification of the ALS, the state ID issued will not be a temporary one. When applying for a temporary ID, the BMV requires your social security card and birth certificate. Other acceptable forms of documentation can be obtained at the Ohio BMV website.