Implied Consent Suspension
Anyone who operates a vehicle in Ohio implicitly consents to alcohol/drug testing if arrested for DUI (called ‘OVI’ in Ohio). When a driver licensed by another state is arrested for OVI, the driver is typically asked to submit to an alcohol/drug test of the driver’s breath, blood, or urine. If the result of the alcohol/drug test shows an alcohol/drug level which is at or over a prohibited concentration (‘over the limit’), the Ohio Bureau of Motor Vehicles (BMV) suspends the person’s ‘non-resident operating privilege’ in Ohio.
‘Over the Limit’: If an out-of-state driver’s alcohol/drug test results are ‘over the limit’, the Ohio BMV imposes an Administrative License Suspension (ALS), pursuant to Ohio Revised Code section 4511.191. The length of the suspension, and the waiting period for limited driving privileges, is determined by the number of DUI/OVI convictions on the driver’s record (including out-of-state convictions). The following table summarizes Ohio Administrative License Suspensions for test results ‘over the limit’:
Convictions w/in 10 Years |
Length of Suspension |
Waiting Period for Driving Privileges |
| No priors | 90 days | 15 days |
| One prior | One year | 45 days |
| Two priors | Two years | 180 days |
| Three priors | Three years | Three years |
Refusal: If an out-of-state driver refuses an alcohol/drug test, the Ohio BMV imposes an ALS, pursuant to Ohio Revised Code section 4511.191. The length of the suspension, and the waiting period for limited driving privileges, is determined by the number of DUI/OVI convictions (including out-of-state convictions), and test refusals, on the driver’s record. The following table summarizes Ohio Administrative License Suspensions for test refusals:
Refusals/Convictions w/in 10 Years |
Length of Suspension |
Waiting Period for Driving Privileges |
| No priors | One year | 30 days |
| One prior | Two years | 90 days |
| Two priors | Three years | One year |
| Three priors (or more) | Five years | Three years |
DUI/OVI Conviction
If a driver licensed by another state is convicted of OVI in Ohio, the court suspends his or her ‘non-resident operating privilege’, pursuant to Ohio Revised Code section 4511.19(G). When the court suspension is imposed, the ALS is terminated, and the driver is given credit from the ALS toward the court suspension.
The length of the suspension, and the waiting period for limited driving privileges, is determined by the number of DUI/OVI convictions on the driver’s record (including out-of-state convictions). The following table summarizes court suspensions for OVI convictions, as well as other penalties for OVI in Ohio:
Offense in 10 Years |
Jail Term |
Fine & Costs |
License Suspension |
Time w/o Privileges |
Immobilize or Forfeit Car? |
Yellow Plates & Interlock |
| First | 3 days to
6 months |
$375 to
$1,075 |
1 year to
3 years |
15 days | No | Maybe |
| Second | 10 days to
6 months |
$525 to
$1,625 |
1 year to
7 years |
45 days | 90 days | Yes |
| Third | 30 days to
12 months |
$850 to
$2,750 |
2 years to
12 years |
180 days | Forfeiture | Yes |
| Felony (First) | 60 days to
30 months |
$1,350 –
$10,500 |
3 years to Life | 3 years | Forfeiture | Yes |
| Felony (Second) | 60 days to
5 years |
$1,350 –
$10,500 |
3 years to Life | 3 years | Forfeiture | Yes |
The court imposing the license suspension for an OVI conviction may grant limited driving privileges after the waiting period expires. Pursuant to Ohio Revised Code section 4510.021, the privileges may be granted for the following purposes: Occupational, educational, vocational, medical, driver license examination, attending treatment, and ‘any other purpose the court determines appropriate’. The driving privileges are valid in Ohio and any other state willing to recognize the privileges.
Consequences in the Driver’s Home State
When a driver licensed by another state receives an ALS in Ohio or is convicted of OVI in Ohio, the Ohio BMV cannot suspend that person’s driver license; only their privilege to drive in Ohio. However, the record of the ALS or OVI conviction may be transmitted to the state which issued the driver’s license. The home state then may impose consequences. The consequences are determined by the home state’s laws. For example, if an Ohio resident is convicted of DUI in another state, Ohio imposes consequences outlined in Ohio Revised Code section 4510.17.
If a driver licensed by another state is charged with OVI in Ohio, the driver may benefit from the assistance of an Ohio DUI/OVI lawyer to address the OVI in Ohio. To address the possible consequences in the home state, the driver will need the assistance of a lawyer licensed to practice in that state.