Client’s first concern after a Ohio DUI arrest is when can I drive?  

First, you do not get your license back until your case and suspension are over in Ohio.  Do not go to the Bureau of Motor Vehicles and get a state ID. If you do this you may lose all of your driving privileges in the State of Ohio and have to re-test to get them back.  

● In Ohio there are two different driving suspensions when you are charged with an OVI. There is a suspension from Court and a suspension from the BMV. The rules are different for both.  If you are pulled over and charged with an OVI you will receive an Administrative License Suspension which suspends your right to drive immediately.  This suspension must be appealed or stayed in order to get your driving privileges back.  

● A motion for driving privileges must be filed which requires proof of your auto insurance and employment. Some courts impose the requirement of an interlock during the pendency of your case, such as Mentor Municipal Court.  The good news is after the case is resolved, if you are a first offender the interlock will terminate.  In Euclid Municipal Court you must file two motions for driving privileges. The first one while the case is pending and the second after the case is resolved. The court will not grant driving privileges after the case is resolved unless all fines are paid in full.  Medina Municipal Court also follows this policy.  Some courts have their own procedures for filing for driving privileges.  This is true in Berea, Rocky River and Medina. You must use the Court’s forms.

● All ALS suspensions have hard time which means there is an amount of time you cannot drive at all.  You need an experienced lawyer who knows the procedure to get you driving as soon as possible.  For first time offenders the minimum suspension from the court is six months. The BMV suspension varies depending upon the facts and circumstances of your case.  The BMV suspension and the court suspension will run at the same time.  The statute provides for driving privileges for work, school, vocational, medical, drivers license exam, and court ordered treatment for AA.  Most of my clients need driving privileges for personal needs, child care and other issues which can be obtained under the right circumstances.

● Talk to your attorney before you do anything.  What you DON’T know can hurt you and affect your case.  You need to discuss all issues in your case with your attorney before you do anything so you don’t make a mistake.