After an OVI Arrest
ORC 4511.191 — the suspension that starts immediately
There are two separate cases after an OVI arrest and people usually only notice one. The criminal charge goes through the court. The license suspension is administrative, comes from the BMV, and starts at the arrest itself, before any judge has decided anything.
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- Refusing the chemical test after a lawful OVI arrest carries a longer administrative suspension than taking it and failing.
- The suspension is civil. Being found not guilty of the OVI later does not automatically undo it.
- The administrative suspension may be appealed at the initial appearance on the charge, or within thirty days after it, in the court where the charge is. The appeal does not by itself stay the suspension.
- Limited driving privileges for work, school, or treatment are asked for from the court, not from the BMV. The petition for them during the administrative suspension is filed no later than thirty days after the initial appearance or arraignment.
| First arrest in ten years | The administrative suspension | No limited privileges during |
|---|---|---|
| First arrest in ten yearsTested at or over the limit | The administrative suspensionThree months, a class E suspension | No limited privileges duringThe first fifteen days, which the court may waive where the person took the test and has no conviction under 4511.194 |
| First arrest in ten yearsRefused the test | The administrative suspensionOne year, a class C suspension | No limited privileges duringThe first thirty days |
Two clocks, and only one of them waits for the court. The administrative suspension runs on its own schedule from the day of arrest. The court case runs on another. Missing the window to challenge the first one does not get reopened because the second is still pending.
Driving during the suspension is a separate charge, not a violation of the old one. Operating a vehicle while a license is suspended under the OVI provisions is its own offense, charged on top of whatever the original case does. It can be charged during the administrative suspension that started on the day of arrest, before any court has decided anything.
Lengths and privileges turn on prior offenses within a lookback period, so a first arrest and a later one are not the same case.
Sources for this section (7)
- ORC 4511.191 — Implied consent to chemical tests
- ORC 4511.192 — Advice given at an OVI arrest, and the administrative suspension
- ORC 4511.197 — Appealing an administrative license suspension
- ORC 4510.13 — Limited driving privileges during a suspension
- ORC 4510.02 — Classes of license suspension, and how long each runs
- ORC 4510.14 — Driving under an OVI suspension
- ORC 4511.19 — Operating a vehicle under the influence of alcohol or drugs (OVI)
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Ohio attorney.