N.B. Red and Yellow "Family" plates are supposed to be required for all drivers who request limited work or other driving privileges during a License suspension, as of 2004. Consult an attorney by clicking this link or call 1-888-264-2014 anytime for further information.

What is OVI?

OVI stands for Operating a Vehicle While Impaired. In other States the traffic offense is known as OMVI, drunk driving, DWI, or DUI. In January 2005, the Ohio Legislature amended Section 4511.191 to redefine and rename the offense. The penalties were increased, too. Now one can be convicted of “OVI” in any type of Vehicle, including but not limited to bicycles, horse drawn carriages, motorcycles, lawn mowers, and even motorized bar stools.

At Wolfe Legal Services Ohio Law.Net provides information on how to avoid OVI Penalties. You can call us any time at 1-888-264-2014 for free. The best thing to do is NOT drink and then drive. But, if you are caught you will face the following:

Driver License Consequences and Reinstatement Procedure

Administrative License Suspension (ALS) Positive Test (if you take and fail a breath test (Breathalyzer or DataMaster)

Cause: A driver is stopped for suspected OVI, takes the sobriety test and the test results exceed the legal Blood Alcohol Concentration (BAC). The officer can take your driver license on the spot and the suspension begins immediately.

Length of Suspension: Depending on previous offenses or refusals, you can have your license suspended for a period of 90 days to 5 years. After a second offense, your vehicle may also be immobilized. Consult an attorney for further information.

Appeal Procedures Ohio Revised Code Section 4511.197

You may appeal an ALS suspension at the initial court appearance which will be held within 5 days of the arrest or the issuance of a citation. Also, you may appeal the ALS in writing through your attorney within 30 days. Consult an attorney for further information.

Limited Driving Privileges Ohio Revised Code Section 4510.021

You may petition the court for limited driving privileges any time subsequent to the date on the notice of suspension. This petition may be filed in the municipal, county, or in the case of a minor, juvenile court with jurisdiction over the place at which the arrest occurred.

NOTE: Limited driving privileges cannot be granted during the following periods:

First 15 days of suspension on a first offense;

First 30 days of suspension on a person who had a OVI conviction 6 years;

First 180 days of suspension on a person who had 2 previous OVI convictions within 6 years;

No driving privileges granted if a person has had 3 previous OVI convictions within 6 years;

A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.

What to Do If Stopped for OVI or suspected Drunk Driving, and you have been drinking.

1. Most importantly, be polite and respectful and remain calm.

2. If you have been drinking, avoid making any verbal statement. You have the right to remain silent. Use it. Otherwise, the Officer may smell alcohol on your breath. Remember, many Police Departments, especially Ohio State Highway Patrol, have lapel microphones which record everything you say. Assume you are probably being video recorded from behind, too.

3. Avoid Lying to Police, denying drinking, or admitting drinking. Do not answer ANY questions except to identify yourself and remain in the car. If asked, provide your driver license and insurance card.

4. There is NO LAW PENALTY for refusing roadside field sobriety tests (FSTs). The tests are very subjective. Therefore, if you have been drinking and want to exercise your right not to give evidence against yourself, DON’T perform any field sobriety tests. Consult an attorney for further information.

5. Especially avoid following the Officer’s pen, finger, or flashlight with your eyes. This test is known as a Horizontal Gaze Nystagmus test (HGN test). When properly administered, it can predict alcohol consumption about 77% of the time. Most people improperly assume this test is easy to pass.

6. If you follow the above procedure, the Officer can still decide to arrest you for OVI, but he or she won’t have as much incriminating information. If you are not arrested, and you are drunk, call someone for a ride home after the Officer leaves.

7. If arrested, continue to remain silent and follow the officer’s instructions. Advise that you don't wish to answer any questions without an attorney present.

At the Police Station, you may be offered a breath test. Under current law, you can refuse the test. There will be consequences, such as suspension of your driver license. However, there may not be enough evidence for a conviction. Consult an attorney for further information.