Dayton Ohio Limited Driving Privileges And Drivers License Suspensions For DUI
After you were arrested for an OVI in Dayton, the BMV will impose an Ohio Administrative License Suspension. We want to help you understand this and give you every opportunity to start driving as soon as possible for work, school, family and medical appointments… and that’s where our skilled lawyers can help.
The law allows the court to grant what are called “limited driving privileges” to you while your OVI case is pending. Limited driving privileges are also available in a worst-case situation where you are convicted of OVI. Anytime there is a conviction for DUI the court is required to impose a driving suspension.
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Limited driving privileges are only issued for certain purposes. The law says you can drive for occupational, educational, vocational, or medical purposes. The court may also allow you to take a driver’s license exam, attend court-ordered treatment, and if you are under age, to practice driving with a parent or guardian.
Pre-trial limited driving privileges can be requested at the arraignment (your first appearance in court) or at the first pre-trial (where the Judge, Prosecutor, and one of our experienced lawyers can talk about your case). Some courts require a separate hearing after a written motion is filed along with a filing fee; some will accept an oral motion and do not require a separate filing fee.
Some Courts are liberal in granting privileges, some are not. The various courts also have different policies regarding privileges. Some Judge’s will not grant you “any” driving privileges, even though the law allows them. This is most common where there are aggravating circumstances in your case like: refusal of a chemical test, auto accident with injuries, speeding over 30 miles per hour, prior convictions for OVI, or “high-tier” test results above a .169 g/etoh per 210 L breath.
Because the limited driving privileges are discretionary, the judge is not required to grant them. Even if you would otherwise be eligible for them, it the consequences in your case are severe like losing your job. One of the most important aspects of these privileges is that no Judge will grant them to you if you cannot prove you had issuance at the time you were pulled over “and” through the end of your suspension.
Our lawyers will ask you to provide our office with a copy of their auto insurance card or declarations page. It’s also very important to remember that your policy has to specifically name you and the car you were driving at the time. If you are a dependant living at home with parents, the insurance must list you as a covered driver.
Montgomery County Limited Driving Privileges
You will receive a letter to drive when eligible. This is an 8 ½ x 11 sheet of paper that lists your home address, employer (or school/doctor), and the days and hours of employment. In some instances, your schedule will vary from week to week. In that case we will ask that the Judge allow you to carry a copy of the schedule with you.
If you drive outside the scope of your privileges, it could subject you to arrest for driving under an OVI suspension. Driving Under Suspension (DUS) is a very serious offense that carries up to 6-months in jail, up to a $1,000.00 fine, and requires an impoundment of your car and license plates. It is more serious in a case where the suspension is related to an OVI because it has mandatory jail of 3 days and mandatory minimum fines of $250.
A Judge may grant pre-trial limited driving privileges. A person is eligible for limited privileges only if certain requirements are met. The Judge must consider two main factors.
First, is this a refusal or a test over? Second, how many prior refusals or convictions does the person have?
For a first offense, if you took the breath test and tested over the limit, there is a hard suspension time of fifteen days. If you had a refusal, the hard suspension is 30 days. The hard suspension is the time period that the court may not grant you any limited privileges. It’s kind of like a waiting period for the beginning of the driving privileges. There is no leniency here. The court simply cannot shorten the required hard suspension time period.
On a second refusal in a six-year period, the hard suspension is 90 days. For a third refusal in a six-year period, the hard suspension is 1 year.
For a second failed chemical test in six years, the hard suspension is 30 days. A third failure in six years requires a 180-day hard suspension.
The court has the option to order you to have an ignition interlock device, restricted (yellow and orange) license plates, or both as a condition of granting you limited driving privileges. On almost all cases involving a second offense, and most cases involving a high tier breath test, the court will require you to have the ignition interlock device.
An ignition interlock is a type of Breathalyzer that is installed in a car. The device disables your car’s ignition until a breath sample is analyzed and shown to contain no alcohol. The interlock will randomly request an additional breath samples from you as you drive.
Interlock installation prices vary depending on the car. There is also a monthly monitoring fee ranging from $45-$85 per month.
If an interlock device is required, you will have to obtain an Interlock License from the BMV, possibly make an appointment with the probation department, and then schedule an installation appointment with the company installing the device.
Identification Documents
Because the police officer is required to confiscate your driver’s license when you refuse a chemical test or take the test and are over the legal limit, we are often asked what you are supposed to use for identification.
Generally, we have two suggestions. If you have a passport, it will suffice for identification purposes in almost all situations. The other option is to get a “temporary” state id.
It is important to obtain a TEMPORARY state id as opposed to a regular state id. Requesting a regular state id will cancel your driver’s license which will make it impossible to obtain limited driving privileges and will also require you to re-test (both the written and driving test) at the end of the suspension imposed in you OVI case.
It can take 2-4 weeks for the BMV to be notified of the ALS suspension. This is important because if you get an ID card before the BMV has notice of the suspension, it will not be a temporary state ID. When obtaining a state ID, you will need both your social security card and birth certificate or other forms of identification acceptable to the BMV.
Typically they are referred to as the primary and secondary documents. If you are required to obtain an interlock license, this will act as your identification and no state ID is necessary.
The primary document must contain your full name and date of birth and must be verifiable. Your Social Security Number must appear on either the primary document or the secondary document. The name on the documents must match the person’s current name unless a change of your name is established by a court order, Marriage Certificate, Marriage License or Divorce Decree. The certified court order signed by the Judge may be a primary or secondary document. Only original documents or a photocopy bearing an original certification by the issuing authority is acceptable. Uncertified copies or copies of certified documents are not acceptable unless otherwise noted. Failure to provide two (2) acceptable documents to prove both your date of birth and Social Security Number, if ever assigned, shall result in the denial of the application.
You must provide at least one primary and one secondary document.
- The primary document must contain the full name and date of birth and must be verifiable.
- Social Security Number (if one has ever been assigned) must be on either the primary or secondary documents.
- Name on documents must match the person’s current name unless a change of name is established by court order, marriage certificate or marriage license.
- A copy bearing an original certification by the issuing authority is acceptable.
- Uncertified copies of certified documents are unacceptable.
- Failure to provide two acceptable documents shall result in the denial of the application.
The Ohio BMV provides a list of acceptable documents.
Other Useful Links
Montgomery County BMV services and locations
Ohio BMV license holders to view their unofficial driving record
