Driving Under Suspension

What is driving under suspension in Ohio?

• If your driver’s license has been suspended for any reason, and you don’t have court issued driving privileges, you cannot drive in the state of Ohio.
• This is a strict liability offense. It means that you can be charged even if you had no idea that your license was suspended.

What kind of license suspensions are there in Ohio?

• There are a number of reasons that your license could be suspended in Ohio. You may have failed to pay a fine for a speeding ticket or a judge may have given you a suspension because of a traffic or criminal charge.
• Some driver’s license suspensions are easier to resolve than others. You will want to contact an attorney if you are unsure why your license is suspended. They can help you find out why, and then how, to get valid.
• Here is a list of some of the types of suspensions in Ohio.
  • Driving with no insurance
  • Security Suspension
  • Failure to appear or pay fines / court costs
  • Failure to pay child support
  • 12 point suspension
  • OVI / Administrative License Suspension (ALS)
  • Lifetime suspensions
  • Operating a vehicle without a valid license
  • Failure to reinstate Suspensions from sentences on traffic or criminal cases
  • Suspensions from sentences on traffic or criminal cases

What is a non-compliance suspension in Ohio?

You receive a non-compliance suspension in Ohio when you get caught driving without insurance.

• Note – The BMV can do random checks to see if you have insurance. They will mail you a letter and you have to send them proof that you have insurance.

This suspension can be removed at any time if you can show proof of insurance for the date of the traffic offense.

• Example: You received a speeding ticket 2 years ago and you paid the fine to the court already. However, the court did not notify the BMV that you showed proof of insurance at the time of the stop. You now try to renew your license and they tell you that you have a non-compliance suspension. All you have to do is show proof that you had insurance on the date of the initial speeding ticket. Once you show proof, the BMV will remove the non-compliance suspension.
  • Note: It’s unlikely that you still have an insurance card from that long ago. You can call your insurance company and have them send you proof that you had coverage on that date.

• The BMV will suspend your license if you are caught driving without insurance
  • First offense in a 5 year period
    • Pay a reinstatement fee
    • Carry a certificate of insurance for 3 years (SR 22 bond)
  • Second offense in a 5 year period
    • 1 year license suspension
    • Pay a reinstatement fee
    • Carry a certificate of insurance for 5 years (SR 22 bond)
  • Third offense in a 5 year period
    • 2 year license suspension
    • Pay a reinstatement fee
    • Carry a certificate of insurance for 5 years (SR 22 bond)

What can I be charged with for driving while under a non-compliance suspension in Ohio?

• You can be charged with an unclassified misdemeanor in Ohio.
  • No jail term
  • No probation
  • Max fine of $1000
  • Up to 500 hours of community service
• If you have 2 prior driving under suspension convictions within 3 years, you can be charged with a 4th degree misdemeanor

What can I be charged with if I have a driver’s license suspension for failing to appear for court or failing to pay court fines or costs in Ohio?

• You can be charged with an unclassified misdemeanor in Ohio.
  • No jail term
  • No probation
  • Max fine of $1000
  • Up to 500 hours of community service
• If you have 2 prior driving under suspension convictions within 3 years, you can be charged with a 4th degree misdemeanor.
• This is often an easy suspension to resolve. There is a court somewhere that you either owe money to or you failed to appear for a court hearing. An attorney can help you figure what court is blocking your license and how to resolve the problem.

What can I be charged with if I have a driver’s license suspension for failing to pay for child support in Ohio?

• You can be charged with an unclassified misdemeanor in Ohio.
  • No jail term
  • No probation
  • Max fine of $1000
  • Up to 500 hours of community service
• If you have 2 prior driving under suspension convictions within 3 years, you can be charged with a 4th degree misdemeanor
• An attorney can help you get in contact with the Child Support Enforcement Administration to help resolve this issue.

I was charged with driving under a 12 point suspension in Ohio. What will happen to me?

• The BMV will issue this suspension when you receive 12 points on your driver’s record within a two year period. The suspension will be for 6 months.
• These come with some of the more serious driving under suspension penalties in Ohio.
  • You will be charged with a 1st degree misdemeanor.
  • This also comes with a mandatory 3 day jail sentence.
• It is not possible to terminate a 12 point suspension early. However, you may be eligible for driving privileges. An attorney can help you try to get driving privileges while this suspension is ongoing.

What will happen to me if I get caught while driving under an OVI / DUI suspension in Ohio?

• Like the 12 point suspensions, this is one of the more serious driving under suspension charges in Ohio.
  • 1st offense
    • 1st degree misdemeanor
    • Mandatory 3 days in jail
    • Fine between $250-$1000
    • Mandatory class 7 suspension
    • Mandatory 30 day vehicle immobilization, if the car is registered to the offender.
  • 2nd offense within 6 years
    • 1st degree misdemeanor
    • Mandatory 10 consecutive days in jail. Max of 1 year in jail.
    • Fine between $500-$2500
    • Mandatory class 7 suspension
    • Mandatory 60 day vehicle immobilization, if the car is registered to the offender.
  • 3rd offense within 6 years
    • 1st degree misdemeanor
    • Mandatory 30 consecutive days in jail
    • Fine between $500-$2500
    • Mandatory class 7 suspension
    • Mandatory vehicle forfeiture if the car is registered to the offender
  • It is very important to make sure that you have driving privileges if you have a suspension from an OVI conviction. Contact Meis Law and they will help you apply for driving privileges so you can avoid these major penalties.

What happens if I get caught driving and I have a lifetime driver’s license suspension in Ohio?

• If you have a class 1 lifetime suspension in Ohio from vehicular homicide or assault, you will be charged with a 3rd degree felony.
• You are eligible for driving privileges for these suspensions. Meis Law has helped numerous driver’s with lifetime suspensions get driving privileges. Call us now and we can discuss your options.

What are the penalties for non-OVI and non-lifetime suspensions in Ohio?

• The most common driver’s license suspensions in Ohio are for OVI / DUI convictions.
• However, the court can suspend your license for other offenses like multiple speeding tickets or drug convictions. These non OVI / DUI or non-lifetime suspensions have their own penalties.
  • Penalties for run of the mill driving under suspension in Ohio (ORC 4510.11)
    • 1st degree misdemeanor
    • Optional class 7 suspension
    • Optional Immobilization for 30 days if prior within 3 years. Vehicle has to be registered to offender.
    • Optional immobilization for 60 days if 2 priors within 3 years. Vehicle has to be registered to offender.
    • Optional forfeiture if 3 priors within 3 years. Vehicle has to be registered to offender.

What can I be charged with if I’m caught driving without a valid license in Ohio?

• If you’ve never had a valid driver’s license
  • Unclassified misdemeanor
    • This comes with no possible jail time or probation
    • The max fine can be $1000
    • You can receive up to 500 hours community service
• If you have a license but it’s expired
  • Minor Misdemeanor
  • 4th degree misdemeanor if you have two priors within 3 years
    • If you have a prior, and your license has been expired for more than 6 months, the court may give you a class 7 suspension.
  • Call an attorney to help resolve this situation with your expired license. They will walk you through the steps to resolve this case with the court and prosecutor.

What can I be charged with for failure to reinstate my license in Ohio?

• A failure to reinstate happens when you forget to pay your reinstatement fees to the BMV after a license suspension ends.
• The charges in Ohio are as follows:
  • No priors
    • Unclassified misdemeanor
    • No possibility of jail or probation
    • Max fine of $500
    • Up to 500 hours community service
    • Optional class 7 license suspension
  • If you have two priors within 3 years
    • 1st degree misdemeanor
    • Optional class 7 license suspension

What are the types and lengths of driver’s license suspensions in Ohio?

• When you are convicted of certain traffic and criminal offenses in Ohio, the law may require you to receive a driver’s license suspension.
• These suspensions can be optional or mandatory.
  • Optional – This means the judge has the choice to give you a suspension or not.
  • Mandatory – The judge has no option. They must suspend your license.
• There are 13 types of driver’s license suspensions in Ohio
  • Class 1 – Lifetime
  • Class 2 – 3 years to Lifetime
  • Class 3 – 2 years to 10 years
  • Class 4 – 1 year to 5 years
  • Class 5 – 6 months to 3 years
  • Class 6 – 3 months to 2 years
  • Class 7 – No more than 1 year
  • Class A – 3 years
  • Class B – 2 years
  • Class C – 1 year
  • Class D – 6 months
  • Class E – 3 months
  • Class F – Until conditions are met
• The numbered classes can give the judge a choice on how long the suspension will be.
• The lettered classes do not allow the judge any discretion on the length.

My license was suspended in Ohio. How do I know who suspended it?

• Your license generally will get suspended by one of two places: a court or the BMV.
  • Court suspensions
    • The courts will issue suspensions as part of a penalty for a traffic or criminal conviction. Common court suspension can come from OVI / DUI convicitons.
    • Courts can also place a block on your license if you fail to pay court costs or fines.
      • They can also block your license if you fail to show up for court.
  • BMV suspensions
    • The BMV can suspend your license for a number of reasons. These suspensions can include:
      • Driving with no insurance
      • Security Suspensions (see below)
      • 12 point suspensions
      • Administrative License Suspensions from an OVI / DUI
      • Failure to pay child support
      • Failure to pay reinstatement fees

What is a security suspension on my driver’s license in Ohio?

• Security suspensions are placed on your license when you owe someone money. You often see these when you cause an accident and you don’t have insurance. The other person, or their car insurance company, will notify the BMV that you caused an accident and that you didn’t have insurance to cover the cost of the damage. The BMV will then place a security suspension on you driver’s license. This suspension can only be removed by paying for the damage to the other person’s car. Once you pay for the damage, the BMV will remove the suspension and your license will be valid again.
• If you can’t afford the entire amount, an attorney can talk with the insurance company and attempt to negotiate a payment plan with them. Meis Law has years of experience in resolving security suspension in Ohio. Call us now and we’ll work to get you back on the road as soon as possible.

How do I know if my license has been suspended in Ohio?

• If a court suspends your license, you will likely be aware because the judge will let you know at your sentencing.
• However, many people in Ohio are often unaware that their driver’s license has been suspended. You may have forgotten to renew your tags, forgot to pay a court fine, or someone may have borrowed your car and forget to tell you that they received a parking ticket. However it may be, many unsuspecting drivers get pulled over and find themselves with a driving under suspension charge.
• The reason many people don’t know about their suspension is because the Ohio BMV has the wrong mailing address for them.
• Whenever the Ohio BMV is going to suspend your license, they have to send a letter and notify you. These letters will tell you why your license is going to be suspended and the date that the suspension will go into effect.
• To avoid this issue, make sure you always notify the BMV of your current mailing address.
• Driving under suspension charges are strict liability in Ohio so it doesn’t matter if you were aware of the suspension or not.
• However, you can contact an attorney and they can help you resolve your driving under suspension charge in Ohio.

Are there defenses to driving under suspension in Ohio?

• Driving under suspension charges are often very easy for the prosecutor to prove. They only need to show that you were driving your vehicle and that your license was suspended at the time of the stop.
• However, there are defenses to a driving under suspension charge in Ohio.
  • There is one affirmative defense to driving under suspension.
    • You are allowed to drive under suspension if there is a substantial emergency and if there was no other person who was reasonably available to drive in response to that emergency.
  • There can be legal defenses to driving under suspension.
    • Cops oftentimes will run people’s license plates while they are driving. If the random license plate check comes back that the owner has a suspended license, they will pull the person over. There can be a problem with this because the driver may not be the person who owns the car.
      • There is a possible suppression issue here if the cop doesn’t try to identify the driver before they pull the car over.
      • For example, the owner of the car is a male, but the driver is female.
  • Meis Law has years of experience in fighting these types of cases. We’ll make sure that the police followed proper procedure before they pulled you over.

What do I do if I get charged with driving under suspension in Ohio?

• You will need to contact an attorney and find out why your license is suspended.
• Your attorney will give you a plan on how to get a valid license.
• Once you have a valid license, your attorney can work with the prosecutor to reduce your charges.

Can I get driving privileges in Ohio while my license is suspended?

• Yes. If your license is suspended in Ohio, you can ask a court to grant you driving privileges.
• If you have a suspension from the BMV, you must apply to the municipal court where you reside.
• If you have a suspension from a court, you must ask the judge who handled your case.

What types of activities can I get driving privileges for in Ohio?

• Ohio allows drivers to receive privileges for a wide variety of activities.
  • Occupational, educational, vocational, or medical purposes
  • Taking the driver’s license exam
  • Attending court ordered treatment
  • Attending court proceedings
  • Child care
  • Anything else the court deems appropriate
• As you can see, judges have the ability to grant driving privileges for almost anything. The most common privileges that are granted are to drive to work and school.
• The scope of the privileges will often be determined by your prior driving record. For example, if a person has multiple OVIs / DUIs on their record, a judge will be less likely to grant a variety of privileges. In addition, they may want you to install an alcohol breath machine in your car. They do this to make sure that you will not be harmful to the public.
  • People with 12 point suspensions will often times have a hard time getting driving privileges. If they do get privileges, they often times will be very strict.
• Contact Meis Law to get the process started to get back on the road.

Can I appeal a driver’s license suspension from the Ohio BMV?

• Yes. An attorney can help you appeal a BMV suspension. First, you appeal the suspension with the BMV. You usually must do this within 30 days so it’s important to contact an attorney as soon as you receive the notice of suspension from the Ohio BMV.
• The BMV will give you an in person hearing to present any evidence you may have.
• If you lose the appeal with the Ohio BMV, you can then appeal the case to the local common pleas court. A judge with the common pleas court will then rule on the case.

Can I get on a payment plan with the Ohio BMV to pay my reinstatement fees?

• Yes. You can ask the Ohio BMV to put you on a payment plan. You can also get an order from the municipal court to order the BMV to put you on a payment plan. This has to be the court that handled the case that’s causing the suspension.
  • If the suspension isn’t a result of a court suspension, then the request needs to be made at the municipal court in the county where the person resides.
• The payment plan has to be at least $50 a month
  • The court can also authorize community service instead of paying fees.
• You must stay current on the payment plan or the BMV will suspend your license.

Can I get my OVI driver’s license suspension reduced in Ohio?

• Potentially. You can request a judge reduce the length of an OVI suspension.
  • The law for these requests are as follows:
  • 1st offense OVI
    • You can request a judge reduce the suspension after you have served at least 6 months of the suspension.
  • 2nd or 3rd offense OVI
    • You can request a judge reduce the suspension after you have served at least 1 year of the suspension.
  • 4th offense OVI or any prior felony OVI conviction
    • You can request a judge reduce the suspension after you have served at least 3 years of the suspension.
  • OVUAC (Underage OVI)
    • You can request a judge reduce the suspension after you have served at least 60 days of the suspension.
• Even though the law allows a judge to reduce an OVI suspension, it is often unlikely that this will happen. Many courts take OVIs / DUIs very seriously.
  • However, if you have a first offense OVI / DUI, contact an attorney and they can speak with the prosecutor and judge about reducing your suspension.

Can a court refuse to give me privileges for multiple OVIs in Ohio?

• Yes.
  • You are ineligible for driving privileges in Ohio if you have had 3 or more convictions within ten years.
  • You are ineligible for driving privileges in Ohio if you have refused 3 or more breath tests within ten years.

Can I get privileges to drive commercially if I have an OVI suspension?

• No. You cannot get driving privileges to drive for work if you are a commercial driver.

When can I get privileges for an OVI / ALS suspension in Ohio?

• If you are charged with an OVI / DUI in Ohio, the BMV will automatically suspend your license. This is called an administrative license suspension. There is a mandatory waiting period before you are allowed to request for driving privileges. The length of this waiting period depends on how many OVIs / DUIs you have in your past. It also depends on whether you refused the alcohol test or not.
• If you were charged with OVI / DUI in Ohio and you took and failed the alcohol level test, the mandatory waiting time for driving privileges is as follows:
  • If you have 1 OVI / DUI offense within 10 years
    • You are eligible for privileges after 15 days
  • If you have 2 OVI / DUI offenses within 10 years
    • You are eligible for privileges after 45 days
  • If you have 3 OVI / DUI offenses within 10 years
    • You are eligible for privileges after 180 days. Interlock device required if the offense is alcohol related.
  • If you have 4 or more OVI / DUI offenses with 10 years
    • You are eligible for privileges after 3 years. Interlock device required if the offense is alcohol related.
  • IMPORTANT NOTE – These waiting periods only apply the administrative license suspension from the BMV. Once the case is resolved and the court instills its own suspension, anyone with 3 or more OVI / DUI convictions within 10 years is not eligible for driving privileges.
• If you were charged with OVI / DUI in Ohio and you refused to take the alcohol level test, the mandatory waiting time for driving privileges is as follows:
  • If you have 1 refusal or OVI / DUI conviction within 10 years
    • You are eligible for privileges after 30 days
  • If you have 2 refusals or OVI / DUI convictions within 10 years
    • You are eligible for privileges after 90 days
  • If you have 3 refusals or OVI / DUI convictions within 10 years
    • You are eligible for privileges after 1 year
  • If you have 4 or more refusals or OVI / DUI convictions within 10 years
    • You are eligible for privileges after 3 years
  • IMPORTANT NOTE – These waiting periods only apply the administrative license suspension from the BMV. Once the case is resolved and the court instills its own suspension, anyone with 3 or more OVI / DUI convictions within 10 years is not eligible for driving privileges.
• We know that having the ability to drive is very important to our clients. We will work with the courts to get you driving privileges as soon as possible so you can continue to drive for work and other important things. Call Meis Law and we’ll help you navigate this tough time.