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  • 3912 Prospect Avenue East
  • Cleveland, OH 44115
  • Phone: (216) 696-0900
  • Fax: (216) 696-8800

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Zukerman, Daiker & Lear Co., L.P.A.

Attorneys at Law

Dui / Traffic

License Suspension and
Limited Driving Privileges in Ohio

Whenever someone is charged with driving under the influence, or DUI / OVI there is a mandatory license suspension if he/she tests over the legal limit, or refuses to submit to a chemical test. The length of the suspension depends upon whether or not the person arrested submitted to a breath test. If the person did submit, and the blood alcohol content was measured above .08 percent blood alcohol by volume, then the license suspension lasts for at least ninety (90) days after arrest. Of those ninety days, fifteen are considered a hard suspension, meaning the person is not eligible for limited driving privileges until fifteen days after arrest.

If the person charged with a DUI / OVI refused to submit to a test, the license suspension does not expire until after one full year. The first thirty (30) days of that suspension are considered hard, meaning no driving privileges. After the hard suspension expires, the court in which the case is being adjudicated may grant the defendant driving privileges. Though the actual driver's license is typically confiscated, the court will offer a certified copy of driving privileges which allow a person whose license has been suspended to drive for purposes of work, school, medical or family care, or other reasons depending on the discretion of the particular judge.

While under a license suspension, a person can be stopped by a police officer without probable cause if the officer decided to run the license plates of the vehicle operator and concludes that the driver is driving under suspension. If the driver does not have driving privileges at the time of the stop, or is driving outside of the specific privileges listed by the authorizing court, that person can be cited for Driving Under Suspension (DUS). This charge is a misdemeanor of the first degree carrying a maximum penalty of up to a $1,000.00 fine and six (6) months in jail. Driving under a DUI / OVI suspension carries a mandatory three (3) days in jail, a minimum $250.00 fine, a one year license suspension, and mandatory thirty (30) day immobilization of the vehicle.

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