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ORC 4510.14: Driving Under OVI Suspension

Driving Under OVI Suspension

Ohio Revised Code 4510.14 governs driving in Ohio if you receive an OVI suspension after your DUI arrest. O.R.C. 4510.14 provides that, “No person whose driver’s or commercial driver’s license or permit or nonresident operating privilege has been suspended under section 4511.19, 4511.191, or 4511.196 of the Revised Code or under section 4510.07 of the Revised Code for a conviction of a violation of a municipal OVI ordinance shall operate any motor vehicle upon the public roads or highways within this state during the period of the suspension.”

Should you be charged with a violation of this section by driving during your OVI suspension, you will be charged with a separate crime from the original DUI arrest and will face mandatory penalties:

What Happens After A First Offense?

Under O.R.C. 4510.14(B)(1), the first offense of driving under OVI suspension is a first-degree misdemeanor and will subject you to:

  • A mandatory jail term of 3 consecutive days (72 consecutive hours), unless the court chooses instead to sentence you to 30 consecutive days of house arrest with electronic monitoring;
  • A fine between $250-$1,000;
  • A Class 7 suspension of your license of up to one year; and
    • If limited driving privileges are granted by the court, you will be required to display restricted license plates, issued under O.R.C. 4503.231, on your vehicle.
  • An impoundment of both the vehicle and license plates for up to thirty days, if the vehicle you were operating at the time you were arrested for driving under OVI suspension is registered in your name, in accordance with O.R.C. 4503.233.

What Happens After A Second Offense?

Under O.R.C. 4510.14(B)(2), if you are convicted of a second offense of driving under OVI suspension within 6 years of your first offense under this section, you are guilty of a first-degree misdemeanor, and you will be subject to:

 

  • A mandatory jail term of 10 consecutive days, but the court may choose to sentence you to jail for up to one year;
    • Instead of any jail time, the court may choose to impose house arrest with electronic monitoring for at least 90 days up to one year.
  • A fine between $500-$2,500;
  • A Class 7 license suspension of up to one year; and
    • If limited driving privileges are granted by the court, you will be required to display restricted license plates, issued under O.R.C. 4503.231, on your vehicle.
  • An impoundment of your vehicle and license plates for up to sixty days, if you were driving it at the time you were arrested for your second offense of driving under OVI suspension.

What Happens After The Third Offense?

Under O.R.C. 4510.14(B)(3), if you are convicted of a third offense of driving under OVI suspension within 6 years of the first two offenses, you are guilty of an unclassified misdemeanor, and you will be subject to:

  • A mandatory jail term of thirty consecutive days, but the court may choose to sentence you to jail for up to one year;
    • However, unlike for your first two offenses, beginning with your third offense, the court may not sentence you to house arrest in lieu of the mandatory portion of the jail term.
  • A fine between $500-$2,500;
  • A Class 7 license suspension of up to one year; and
    • If limited driving privileges are granted by the court, you will be required to display restricted license plates, issued under O.R.C. 4503.231, on the vehicle.
  • A forfeiture to the state of the vehicle you were driving if it is registered in your name, enforced in accordance with O.R.C. 4503.234.

Finally, for any offense, you are required under O.R.C. 4510.14(F) to provide the court with proof of financial responsibility, as defined in O.R.C. 4509.01, to prove that you have the minimum required liability coverage insurance required in Ohio under O.R.C. 4509.51. This showing is done by having your insurance company submit an SR-22 form to the Ohio Bureau of Motor Vehicles.