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How to Get Your License Back After an OVI in Ohio
According to Ohio Revised Code § 4511.19, operating or being in physical control of any motorized vehicle while under the influence of alcohol, drug, or a combination of both is an Operating a Vehicle under the Influence (OVI) offense. In Ohio, OVI is a criminal offense punishable by the Ohio Bureau of Motor Vehicles (BMV) and the courts. An OVI in Ohio may result in the suspension of the offender's driving privilege, potential fines, community service, point deductions on the license, and jail time.
Step 1: Know the Terms of Your Suspension
An OVI offense in Ohio may result in two types of license suspensions: an administrative suspension by the Ohio Bureau of Motor Vehicles and a court-imposed suspension for a criminal conviction. According to the Ohio Implied Consent Law, the Ohio Bureau of Motor Vehicles will impose an immediate suspension for OVI violation. In addition, the court will impose a separate suspension if the OVI results in a criminal conviction. The BMV suspension periods vary according to the table below.
Administrative License Suspension (ALS) Immediately at Arrest
OVI Offense | Length of Suspension | Minimum Waiting Period for Limited Driving Privileges |
---|---|---|
First-time failure | 90 days | 15 days |
First refusal | 1 year | 30 days |
Second refusal within 10 years | 2 years | — |
Third and subsequent refusals | 3 years | — |
Court-imposed License Suspension
OVI Offense | Length of Suspension | Minimum Waiting Period for Limited Driving Privileges |
---|---|---|
First OVI Offense | 1 to 3 years | 15 days |
Underage OVI | 3 months to 2 years | 60 days |
Second OVI within 10 years | 1 to 7 years | 45 days |
Third OVI within 10 years | 2 to 12 years | 6 months |
Fourth or more OVI within 10 years (felony) | 3 years to a lifetime | 3 years |
Step 2: Fulfill Court and DMV Requirements
In Ohio, the Bureau of Motor Vehicles and court-imposed OVI suspensions are separate penalties for different purposes.
During a lawful stop OVI, the BMV will impose a 90-day administrative license suspension (ALS) if the individual fails a chemical test or a 1-year suspension for refusing to take one, regardless of the outcome of any trial relating to the arrest. Contrariwise, a court-ordered suspension results from an OVI-related conviction. Court-imposed suspensions are longer than BMV because the judge may factor in previous violations during sentencing. Beyond suspension, the penalties for OVI in Ohio include fines, community service, mandatory OVI education programs, and potential jail time.
While both suspensions are distinct, they are concurrent, and the suspension served under an ALS counts toward court suspension.
Step 3: Complete an OVI Education or Treatment Program
Ohio OVI programs include the Driver Intervention Program (DIP) or (Level I Alcohol Education Program) and Outpatient Counseling (Level II/III). The courts mandate these programs as part of the requirements for license reinstatement after OVI suspensions.
The DIP is a court-mandated program to replace jail time and is a residential program lasting between 48 and 72 hours. The Ohio Driver Intervention Program costs range from about $340.00 (3-night group lodging) to $660.00 or more (single occupancy). Enrollment for the DIP is through court referral, and the provider must be state-certified by the Ohio Department of Mental Health and Addiction Services or the Department of Public Safety.
The courts mandate Outpatient Counseling (Level II/III) as a follow-up to Legal I or for repeat offenders. This program spans 6 to 12 weeks, with participants attending 2 to 3 weekly meetings (the sessions must be by credentialed clinicians licensed by the Ohio Department of Mental Health and Addiction Services, OhioMHAS). The costs for Level II or III programs in Ohio range between $100.00 and $200.00 per week.
Proof of completion of OVI programs is essential for:
- Fulfilling court conditions for license reinstatement
- Qualifying for probation reduction or suspended sentences.
In Ohio, the courts may impose more severe penalties for non-completion of OVI programs.
Step 4: Get SR-22 Insurance or Equivalent
An SR-22 is a special certificate that insurance companies file with the state on behalf of individuals as proof of financial responsibility. This document shows that the named person has the minimum liability coverage required by law. Ohio mandates SR-22 coverage for individuals:
- Seeking to reinstate driving privileges after OVI suspension
- With multiple OVI violations
- Driving without insurance.
In Ohio, individuals guilty of OVI must maintain SR-22 coverage for 3 years from the date of license reinstatement. Otherwise, the BMV may reinstate the suspension. OVI offenders can add SR-22 as part of their existing auto policies (if their insurance companies offer SR-22 coverage) or shop around for insurers that provide high-risk coverage.
The one-time fee to file SR-22 coverage in Ohio is $15.00 to $35.00. However, it may increase the annual car insurance premium by 30% to 100%.
Step 5: Pay Reinstatement Fees
The costs for license reinstatement after an OVI suspension in Ohio depend on the case details and the number of previous offenses. In Ohio, the primary fee for license reinstatement is $315.00. However, there are additional costs that may add up. For instance, the following fees may apply:
- Non-compliance (first offense) - $40.00
- Non-compliance (second offense within 5 years) - $300.00
- Non-compliance (third offense within 5 years) - $600.00
- Non-compliance non-voluntary surrender - $50.00
- OVI/Physical Control suspension - $315.00.
The Ohio BMV accepts credit or debit card payments through its Online Services. Applicants can also make cash payments at local BMV Offices or send checks and money orders through the mail service.
Step 6: Submit Your License Reinstatement Application
Individuals seeking to reinstate their licenses after administrative or court-ordered license suspension for OVI can view their reinstatement requirements and make payments online through the Ohio BMV Reinstatement portal. However, applications for license reinstatement are submitted by mail or in-person visits to BMV offices. Applicants should download and complete BMV Form 2326, including certificates of completion, proof of insurance (or SR-22), checks or money orders to cover applicable payments, and mail them to:
Ohio BMV
Attn: Reinstatement
P.O. Box 16784,
Columbus,
OH 43216-6784.
Applicants can print their reinstatement checklist through the BMV Online Services Portal, include all necessary documents and proof of payments, and submit them through local BMV offices.
What If You're Denied License Reinstatement in Ohio?
The Ohio Bureau of Motor Vehicles may deny a license reinstatement application for any of the following reasons:
- Not fulfilling the reinstatement requirements. For instance, failure to complete the Driver Intervention Program or Alcohol Education Program, not paying the reinstatement fee in full, or missing the SR-22 certificate of completion
- Outstanding suspension or violations
- Wrong application method.
If the BMV denies an application for license reinstatement, the applicant should:
- Review the reinstatement requirements online through the Ohio BMV Portal or call (844) 644-6268 for clarification
- Fix the issue causing the denial
- Request an administrative hearing if there are reasons to believe the denial was due to an error
- Reapply after correcting all issues.
Hardship Licenses: Driving with Limited Privileges
In Ohio, individuals under suspension for OVI can apply for Limited Driving Privileges if they fulfill the eligibility requirements. These documents allow individuals under suspension to drive for essential purposes. With Limited Driving Privileges, OVI offenders can drive to work, school, doctor's appointments, and other court-approved destinations. To be eligible for Limited Driving Privileges in Ohio, applicants must:
- Serve a mandatory hard suspension period ranging between 15 and 180 days (depending on the offense)
- Not have a disqualifying offense, such as a lifetime driving ban or felony with injuries.
- Have SR-22 coverage
- Complete Driver Intervention Programs or treatments
- Be approved by the court with jurisdiction over the OVI offense.
While Ohio's hardship licenses allow individuals under suspension to drive, such commutes are valid for approved purposes and times. Furthermore, offenders may need to install ignition interlock devices and carry the court order when driving. Failure to comply with court conditions will result in new changes and revocation of privileges.
How Long Does It Take to Get Your License Back After an OVI?
The time it takes to get a license back after a suspension for an OVI violation depends on whether:
- The OVI is a first, second, or third offense
- The suspension is for refusing chemical tests
- The offender fulfills all applicable requirements
- There are no outstanding fees and fines
- The individual is eligible for Limited Driving Privileges during the suspension.
OVI Offense | Eligibility for a Limited Driving License | Full License Reinstatement |
---|---|---|
First Offense | 15 days after suspension | After 1 year, but maybe earlier if the offender completes intervention programs and the court approves |
Second Offense within 10 years | May qualify for Limited Driving Privileges after 45 days | At the end of the full suspension |
Third Offense within 10 years | After 5 months | Full reinstatement ranges between 2 and 5 years if the offender is compliant with treatment, court orders, and ignition interlock use. |
