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Limited Driving Privileges in Warren, Trumbull County, Ohio

Understanding Limited Driving Privileges After an OVI Arrest

A knowledgeable Warren criminal lawyer like Sean Logue can help you understand the requirements under Ohio Revised Code for obtaining limited driving privileges following an OVI arrest.

Administrative License Suspension (ALS)

Once arrested for OVI, the Bureau of Motor Vehicles will suspend your driver’s license, known as an Administrative License Suspension (ALS). You must file an appeal immediately after the arrest. If you don’t, or if your appeal is denied, you’ll have to serve the full duration of the ALS, regardless of your case outcome.

Limitations on Driving to Work Privileges

Here are the specific time restrictions for granting limited driving privileges following a court-ordered suspension:

  • First OVI: No driving privileges for the first 30 days after the suspension date.
  • Second refusal to take a BAC test within six years: No driving privileges for the first 90 days after the suspension date.
  • Third refusal to take a BAC test within six years: No driving privileges for the first year after the suspension date.
  • Fourth refusal to take a chemical test within six years: No driving privileges for the first three years after the suspension date.

Restrictions for Repeat Offenders

If you have three or more OVI convictions, or if you’ve pled guilty to OVI three or more times within a seven-year period, you cannot receive limited driving privileges.

Court-Ordered OVI Suspensions and Limited Driving Privileges

For a court-ordered OVI suspension, you may be granted limited driving privileges for the following reasons, as well as any other reasons deemed necessary by the judge. The time restrictions mentioned above also apply here. After serving the mandatory suspension period, you can petition the court for limited driving privileges.

How to File for Limited Driving Privileges

To retain some driving privileges, you must file a petition with the court once you receive notice of your license suspension. If approved, you can drive for the following purposes:

  •  Attending school or work
  • Going to doctor’s appointments or court appointments
  • Driving minor children to school or daycare
  • Attending court-ordered treatment sessions
  • Taking a driver’s license or CDL license test

Where to File Your Petition

You must file the paperwork requesting limited driving privileges with the court that has jurisdiction over the location where you were arrested. This could be a county court, a municipal court, or, if you are a minor, a juvenile court.

Additional Requirements and Conditions

Ignition Interlock Device and Restricted Plates

If your application for limited driving privileges is approved, you might be required to install an ignition interlock device in your car or use restricted (“party”) plates.

  • Ignition Interlock Device: This device prevents your vehicle from starting unless you blow into it and no alcohol is detected. It also randomly tests your breath while driving and will shut off the vehicle if alcohol is detected.
  • Restricted Plates: Some cases require the use of restricted plates by law, while in others, it is up to the judge’s discretion.

Mandatory Requirements for Limited Driving Privileges

To be eligible for limited driving privileges, you must:

  •  Pay a filing fee to the court
  • Obtain a court order modifying the suspension
  • Maintain a valid, non-expired driver’s license
  • Comply with all reinstatement and suspension requirements
  • Provide proof of car insurance (financial responsibility) and file it with the Bureau of Motor Vehicles, maintaining it for the required duration

Warren OVI lawyer Sean Logue understands the necessity of maintaining driving privileges for your job and family responsibilities, even after an OVI conviction. For assistance,contact us or call him at (330) 992-3036.

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