Getting stopped on the highway or street after a night out is a situation nobody plans for. And if you’re now facing a first-time OVI charge in Franklin County, the question burning in your mind is probably the same one we hear constantly: am I going to lose my license?
The short answer is that your driving privileges are at serious risk, and the situation moves faster than most people expect. Ohio law treats OVI (Operating a Vehicle Impaired) charges as distinct from what other states call a DUI or DWI, but the consequences are just as real. If you’re trying to understand what’s coming, it helps to look at this alongside Ohio’s broader criminal charges framework, because an OVI conviction carries long-term consequences that go well beyond your driving record.
Two Separate Suspensions Are Already in Motion
And this is where things get complicated fast. Most people assume the license issue gets sorted out at trial. Not true. Ohio law creates two completely separate suspension tracks, and both can affect you right now, before any conviction happens.
The Administrative License Suspension (ALS) is one. Ohio imposes this suspension through the Bureau of Motor Vehicles if you test over the legal limit or refuse a chemical test. It is separate from the criminal legal process. For a first test over the limit, the ALS lasts 90 days. If you refuse testing, the ALS lasts one year. These suspensions begin immediately after arrest.
When a person is stopped for suspicion of driving under the influence of drugs or alcohol, agrees to take sobriety tests, and the test results are over the legal limit, the officer can take the person’s driver’s license on the spot and a suspension begins immediately.
The second track is the court-imposed suspension that follows a conviction. The court will impose a mandatory driver’s license suspension for a definite period ranging from six months to three years. So even if the ALS runs its course, a conviction triggers a separate and potentially longer suspension on top of it.
About those ALS deadlines. This is something people miss, and it costs them. You have the right to challenge the administrative suspension in court, but you must request a hearing within 30 days of your initial appearance. Miss that window and the challenge option largely disappears.
What Does “Limited Driving Privileges” Actually Mean?
Ohio law does provide a path to keep driving in some capacity, even during a suspension period. The court may allow limited driving privileges for occupational, educational, or vocational purposes, in addition to attending court-ordered treatment or taking a driver’s license exam.
But this is not automatic, and it is not simple. A limited driving privileges petition is not a form you fill out at the BMV counter. It is a motion filed with the court that imposed your suspension, and Franklin County judges expect specific documents, specific proposed schedules, and specific answers at the hearing. Vague or incomplete petitions get denied or come back heavily restricted.
Worth noting: Ohio used have a hard 15-day suspension before limited driving privileges could be established for individuals who tested over the legal limit. However, as of April 2025, there has been an amendment and courts can now waive the 15-day hard suspension. That is a meaningful change, and one reason why having current legal guidance matters.
If you refused the breath test, the picture looks different. If you refused a breath test, you will face a 30-day hard suspension, or 90 days if you have a previous physical control conviction.
What a Defense Attorney Can Actually Do
We see clients come in after trying to handle things on their own, and by then some of their options have already closed. Most people hire lawyers too late. By then, the ALS challenge window has passed and the petition process has already started without proper documentation.
A defense attorney can challenge multiple elements of an OVI case, including the legality of the initial traffic stop, the accuracy of breathalyzer calibration, and how field sobriety tests were administered. In some cases, a first DUI in Franklin County can be reduced to reckless operation, which carries lower fines and less impact on your driving record. This depends on the circumstances of your arrest, BAC level, and prior driving history.
Franklin County sees a significant volume of OVI cases, from stops along I-270 to incidents near the Arena District and German Village. The procedural nuances of the Franklin County Municipal Court matter, and familiarity with how that court operates is genuinely valuable. Hiring a lawyer does not guarantee privileges, but it sharply reduces the number of procedural mistakes that cost drivers months of lost driving time.
Reach Out Before the Deadlines Pass
If you or someone you care about is facing a first-time OVI charge in Franklin County, the time to get informed is now, not after the arraignment. At Probst Law Office, Inc., we work with clients across Columbus and the surrounding area to navigate both the administrative and criminal sides of these cases. We encourage early consultation, because the options available on day one look very different from the options available on day thirty. Contact us today to talk through your situation.
