Limited Driving Privileges in Ohio
Ohio RC Section 4510.021 sets out the requirements for Limited Driving Privileges in Ohio after an OVI arrest. The Driver may petition the court for limited driving privileges any time after the date on the notice of suspension.
The petition for Limited Driving Privileges in Ohio after an OVI arrest may be filed in the municipal court or county court with jurisdiction over the place at which the arrest occurred. For juvenile's arrested for OVI, the juvenile must file the petition in juvenile court.
If your OVI arrest occurred in Cincinnati or in the surrounding areas of Hamilton County, Ohio, then contact our experienced criminal defense attorneys at Joslyn Law Firm. Our attorneys represent men and women charged with OVI and other criminal traffic offenses throughout Hamilton County and the surrounding area.
Occupational Driving Privileges in Ohio
It is important to note that occupational driving privileges in Ohio after an OVI ALS cannot be granted during the following periods:
- First 30 days of suspension on a first offense.
- First 90 days of suspension on a person who had a previous refusal within 6 years.
- First year of suspension on a person who had 2 previous refusals within 6 years.
- First 3 years of suspension on a person who had 3 previous refusals within 6 years.
Also, a person who within the preceding 7 years, has been convicted of or pleaded guilty to three (3) or more OVI violations cannot be granted limited privileges to drive in Ohio.
Limited Driving Privileges During the OVI Suspensions
Under ORC § 4510.021, the court may grant limited driving privileges during a court imposed suspension unless expressly prohibited by statute. See ORC §4510.021(A). On the other hand, a court may not grant limited driving privileges during any OBMV imposed suspension unless expressly authorized by statute. See ORC § 4510.021(B).
Limited driving privileges may be granted, where authorized, for occupational, educational, vocational, or medical purposes, to take the driver’s license exam, or to attend court-ordered treatment. Some suspensions carry a “hard time” period during which the court may not grant driving privileges. See ORC §4510.13. During the "hard-time" the court cannot give limited driving privileges to an eligible driver absent proof of current financial responsibility.
If driving privileges are granted, the court may be required, or in some cases have the option, to require the vehicle to be operated with restricted plates or a disabling device such as an ignition interlock. Some basic prerequisites for limited driving privileges are required by statute. The minimum statutory requirements are as follows:
- Pay court filing fee.
- Obtain court order modifying suspension.
- Maintain an unexpired license.
- Remain in compliance with all other suspensions and reinstatement requirements.
- Submit Provide proof of financial responsibility to the court and file and maintain proof with the OBMV for a specific period of time if required by statute.