Can I Drive After an OVI Arrest?

This is a very good question since this goes against everything U.S. Citizens know about innocent until proven guilty. You have been deprived of you right to drive before you have even stepped into a court room. These arguments have been unsuccessfully raised many times. Many of the aspects of drunk driving cases presume guilt. Note that the court has not suspended your license but rather the Ohio Bureau of Motor Vehicles (OBMV). The reasoning is your license is a privilege with conditions. One condition is that you will submit to a chemical test to determine your blood alcohol concentration (BAC) when asked by a law enforcement officer. Another condition is that if you do submit to a test your BAC will be under the legal limit which is .08. If either of these conditions are breached, your license is automatically suspended. The suspension if for 90 days in the case of a test above .08 and 1 year for a refusal.

Ordinarily, someone accused of driving under the influence is eligible for occupational privileges after 15 days. Some courts will stay the suspension at the initial appearance. Your attorney should do everything in his or her power to get you on the legally as quickly as possible. Every court is different. Some courts will require a drug/alcohol assessment before granting privileges. These types of things must be considered at the first meeting with your attorney. The penalties for driving under an OVI suspension are as severe as the drunk driving charge.