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Ohio Auto Driving Laws

Twelve Point Suspension

Cause:

An accumulation of not less than 12 points on your driving record within a two year period.

Length of Suspension:

Six months effective the 20th day after mailing of the notice.

Appeal Procedures:

In accordance with Ohio driving law, if cause can be shown why driving privileges should not be suspended, an appeal may be filed in the county or municipal court in the jurisdiction in which the driver resides, agreeing to pay the cost of the proceedings. Appeal should be filed before the beginning date of the suspension for a violation of Ohio traffic laws.

If the driver is under the age of 18, under Ohio driving law the appeal must be filed in the juvenile court in the jurisdiction in which the driver resides.

Reinstatement Requirements:

  • In accordance with Ohio driving law, you must successfully complete a remedial driving instruction course given by an accredited remedial school.
  • NOTE: This course can NOT be taken before the mailing date on the 12-point suspension notice.
  • You must file FRA (financial responsibility) Insurance (SR 22 or Bond).
  • BMV Form No. 2836 will be the your authorization to retake a complete driver license examination.
  • Additionally, a $30.00 reinstatement fee will be required if the suspension notice was mailed on or after 10/01/97.

Administrative License Suspension (ALS) - Positive Test

Cause:

A driver is stopped for drunk driving, takes the sobriety test and the test results exceed the legal Blood Alcohol Concentration (BAC).

If you are between 16 and under 21 years old, the legal limit is .02% BAC under Ohio driving law.

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.

Appeal Procedures:

May appeal suspension at the initial court appearance which will be held within 5 days of the arrest or the issuance of a citation.

Occupational Driving Privileges:

In accordance with Ohio driving law, a driver may petition the court for occupational 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: Under Ohio driving law, occupational 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 DUI conviction 6 years;
  • First 180 days of suspension on a person who had 2 previous DUI convictions within 6 years;
  • No driving privileges granted if a person has had 3 previous DUI convictions within 6 years;
  • A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more DUI violations cannot be granted occupational privileges.

Reinstatement Requirements:

  • Serve the suspension period.
  • Pay Reinstatement Fee.
  • Show Proof of Insurance.

Administrative License Suspension (ALS) - Refusal of Test

Cause:

A driver is stopped for drunk driving and refuses to take the sobriety test requested by the law enforcement agency.

In accordance with Ohio driving law, 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 1 year to 5 years. After a second offense your vehicle may also be immobilized.

Appeal Procedures:

May appeal suspension at the initial court appearance which will be held within 5 days of the arrest or the issuance of a citation. Suspension may not be stayed by appeal.

Occupational Driving Privileges:

Under Ohio driving law a driver may petition the court for occupational 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: Under Ohio driving law, occupational driving privileges cannot be granted during the following periods:

  • First 30 days of suspension on a first offense.
  • First 90 days of suspension on a person who had a previous refusal within 5 years.
  • First year of suspension on a person who had 2 previous refusals within 5 years.
  • First 3 years of suspension on a person who had 3 previous refusals within 5 years.
  • A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more DUI violations cannot be granted occupational privileges.

Reinstatement Requirements:

  • Serve the suspension period.
  • Pay Reinstatement Fee.
  • Show Proof of Insurance.

Termination of Suspension:

The ALS Refusal Suspension will be terminated by the registrar upon notice that:

  • The person entered a plea of guilty to D.U.I. and the refusal suspension arose from the same incident.
  • The person entered a plea of no contest to D.U.I., was found guilty and the refusal suspension arose from the same incident.

Court Suspension

Cause:

A traffic violation.

Length of Suspension:

Determined by the court.

Appeal Procedures:

Contact the court of conviction. Under Ohio driving law, the court, if it chooses, may grant occupational driving privileges or terminate the suspension before its ending date.

A journal entry bearing the court seal must be forwarded to the Bureau indicating the action the court took before our records are changed.

Reinstatement Requirements:

  • Serve the length of the suspension.
  • Additionally, a $30.00 reinstatement fee is required if the suspension is longer than 89 days and the offense date is 10/01/97 or greater.

For More Information

Ohio Department of Transportation

(Source: StateDrivingLaw.com)


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