Driving after a DUI in Ohio: the Limited Driving Privileges
In Ohio, a first-offense DUI driver can, in some cases, apply for Limited Driving Privileges after 15 days with no driving privilege (30 days after a test refusal). A court issues it. An ignition interlock is required in some cases; an SR-22 filing is required in some cases; DUI-program participation is not required. The deadline to request a hearing on the administrative suspension is 30 days from the notice.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the Ohio Bureau of Motor Vehicles (Ohio Department of Public Safety) and the courts state, each quoted from the source.
Also called: limited driving privileges court order (BMV wording); driving privileges; unlimited driving privileges with a certified ignition interlock device (first-time OVI offenders, R.C. 4510.022).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | 30 days |
|---|---|
| Temporary driving permit after arrest | no waiting period |
The arresting officer serves the notice of suspension and takes the license; the ALS begins immediately with no temporary permit (BMV). The initial appearance on the OVI charge must be held within five days of the arrest or citation (R.C. 4511.191(D)(2)). Under R.C. 4511.197(A) the person may appeal the ALS at the initial appearance or within the period ending thirty days after the initial appearance, in the court in which the person will appear on the charge; the appeal does not stay the suspension unless the court grants a stay, and its scope is limited to reasonable grounds and arrest, the test request, the advice of consequences, and the refusal or test result (R.C. 4511.197(C)); the appellant bears the burden by a preponderance. If the suspension is upheld or not appealed it continues until the charge is adjudicated; if terminated, the court orders the license returned and issues a
“the person may appeal the suspension at the person's initial appearance on the charge resulting from the arrest or within the period ending thirty days after the person's initial appearance on that charge, in the court in which the person will appear on that charge.”
Who can get it, and how soon
| After a first DUI | Available in some first-offense cases |
|---|---|
| Days before eligible — test failure | 15 days |
| Days before eligible — test refusal | 30 days |
| Issued by | A court |
The court with jurisdiction over the arrest may grant limited driving privileges during an OVI or administrative license suspension (R.C. 4510.13(B)), but not during the first fifteen days of a first-offense test-failure ALS (R.C. 4511.191(C)(1)(a)) or first-offense OVI conviction suspension (R.C. 4511.19(G)(1)(a)); the court may waive the fifteen days and grant privileges immediately if the offender has no prior physical-control conviction and submitted to any chemical test requested at arrest. For a first refusal ALS (R.C. 4511.191(B)(1)(a)) no privileges may be granted during the first thirty days. No privileges may be granted for employment as a driver of a commercial motor vehicle if the person is disqualified (R.C. 4510.13(A)(4)). A first-time offender may instead petition for unlimited driving privileges conditioned on a certified ignition interlock device under R.C. 4510.022.
“On or after the sixteenth day of the suspension, the court may grant limited driving privileges, but the court may require that the offender shall not exercise the privileges unless the vehicles the offender operates are equipped with a certified ignition interlock device”
Administrative track: the officer takes the license on the spot and the ALS begins immediately (BMV). A first test-failure ALS is a class E suspension of three months (R.C. 4511.191(C)(1)(a); R.C. 4510.02(B)(5); BMV: 90 days) and a first refusal ALS a class C suspension of one year (R.C. 4511.191(B)(1)(a); R.C. 4510.02(B)(3)). R.C. 4510.13(A)(5)(a)(i) bars privileges during the first fifteen days of a first test-failure ALS, waivable so that privileges may be granted immediately if the offender has never been convicted of physical control (R.C. 4511.194) and submitted to any chemical test requested at arrest; R.C. 4510.13(A)(6)(a)(i) bars privileges during the first thirty days of a first refusal ALS, after which the court may in its discretion require an interlock. Conviction track: the same fifteen-day rule applies to the one-to-three-year suspension for a first OVI conviction (R.C. 45
“The court may waive the fifteen-day period and grant limited driving privileges immediately if the offender has never been convicted of or pleaded guilty to a violation of section 4511.194 of the Revised Code and the offender submitted to any chemical test requested by law enforcement”
Conditions attached to the privilege
| Ignition interlock | Required in some cases — Ohio interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Required in some cases — details |
| DUI program / education | Not required |
| Fee for the privilege | Pending verification |
| Full reinstatement later | fee $315; SR-22 No — reinstatement steps |
Petition filed in the court with jurisdiction over the place of arrest (R.C. 4510.13(B)); during an ALS the petition may be filed any time after the officer serves the notice of suspension but no later than thirty days after the initial appearance or arraignment, the petitioner pays the costs of the proceeding and must notify the registrar and send it a copy (R.C. 4511.197(E)). Before granting privileges the court shall require proof of financial responsibility under R.C. 4509.45 (R.C. 4510.021(E)); an SR-22 filing is not specifically named. The BMV requires the order to be a court journal entry bearing a court seal that modifies each suspension being served, a license that is not expired (or a court order allowing renewal or retesting), and compliance with any other suspension requirements. Interlock: for a first test-failure ALS or first OVI conviction the court 'may require' a certifi
“Before granting limited driving privileges under this section, the court shall require the offender to provide proof of financial responsibility pursuant to section 4509.45 of the Revised Code.”
Where and when it allows driving
The court specifies the purposes, times and places and may impose other reasonable conditions; permitted purposes are occupational, educational, vocational or medical purposes; taking the driver's or commercial driver's license examination; attending court-ordered treatment; attending court proceedings related to the offense; transporting a minor to child care, preschool or school; and any other purpose the court determines appropriate (R.C. 4510.021(A)). Commercial vehicles may not be driven with limited privileges (BMV). Under R.C. 4510.022 a first-time offender's unlimited driving privileges are unrestricted as to purpose, time and place but require a certified ignition interlock device.
“In granting the privileges, the court shall specify the purposes, times, and places of the privileges and may impose any other reasonable conditions on the person's driving of a motor vehicle. The privileges shall be for any of the following limited purposes:”
How it is issued
A court issues the Limited Driving Privileges by order, which is then presented to the licensing agency.
Official page: bmv.ohio.gov
The statute: Ohio Rev. Code § 4510.021 (Granting limited driving privileges); § 4510.13(A)(5)-(6), (B) (OVI/ALS privilege restriction
“Unless expressly prohibited by section 2919.22 , section 4510.13 , or any other section of the Revised Code, a court may grant limited driving privileges for any purpose described in division (A) of this section during any suspension imposed by the court.”
Questions about driving after a DUI in Ohio
- How soon after a first Ohio OVI arrest can a court grant limited driving privileges?
- Under R.C. 4510.13(A)(5)(a)(i), no privileges may be granted during the first fifteen days of a first-offense test-failure ALS or OVI conviction suspension; on or after the sixteenth day the court may grant them and may require a certified ignition interlock device. The court may waive the fifteen days if the offender has no physical-control conviction and submitted to the requested chemical test. R.C. 4510.13(A)(6)(a)(i) sets thirty days for a first refusal ALS.
- What can limited driving privileges be used for in Ohio?
- R.C. 4510.021(A) lists occupational, educational, vocational or medical purposes; taking the driver's or commercial driver's license examination; attending court-ordered treatment; attending court proceedings related to the offense; transporting a minor to child care or school; and any other purpose the court determines appropriate. The court specifies purposes, times and places, and under R.C. 4510.021(E) requires proof of financial responsibility first. The Ohio BMV says the order must be a sealed court journal entry.
- What is the deadline to appeal an Ohio administrative license suspension?
- Under R.C. 4511.197(A), the ALS may be appealed at the initial appearance on the OVI charge, which R.C. 4511.191(D)(2) requires within five days of arrest, or within the period ending thirty days after that initial appearance, in the court hearing the charge; the appeal does not itself stay the suspension. R.C. 4511.197(E) allows a petition for limited driving privileges no later than thirty days after the initial appearance or arraignment.
Sources
- Ohio Rev. Code § 4510.021 - Granting limited driving privileges (purposes; petition during BMV suspensions; proof of financial responsibility) (Ohio Laws)
- Ohio Rev. Code § 4510.13 - Limited driving privileges during OVI and ALS suspensions; fifteen-, thirty- and forty-five-day periods; ignition interlock condition
- Ohio Rev. Code § 4510.022 - Petition for unlimited driving privileges with certified ignition interlock device (first-time offenders)
- Ohio Rev. Code § 4511.197 - Appeal of implied consent suspension (initial appearance or thirty days; scope; petition for privileges)
- Ohio Rev. Code § 4511.191 - Implied consent; ALS classes and periods; initial appearance within five days
- Ohio Rev. Code § 4510.02 - Suspension classes and periods (class C one year; class E three months)
- Ohio BMV - Other Information: Limited Driving Privileges (court order requirements; BMV administrative hearings)
- Ohio BMV - Alcohol & Drug Suspensions: Administrative License Suspension (positive test; refusal; suspension begins immediately)