Ohio Drivers License Hardship Law

Drivers Hardship License Law – General – Ohio

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

Limited driving privileges may be granted under § 4510.021 for:

(1) Occupational, educational, vocational, or medical purposes;
(2) Taking the driver’s or commercial driver’s license examination;
(3) Attending court-ordered treatment.

2. Is an agency hearing required before a hardship license is issued?

No. The driver may file a petition for limited driving privileges in the municipal, county, mayor’s, or in the case of a minor, juvenile court that has jurisdiction over the place of arrest. § 4510.021 or may send a petition for work privileges to the BMV in Columbus.

3. Do prior offenses prevent me from obtaining a hardship license?

§ 4510.13 disallows a judge from granting limited driving privileges ifwithin the preceding six years, a person has refused three previous requests to consent to a chemical test of the person’s whole blood, blood serum or plasma, breath, or urine to determine its alcohol content or has three previous convictions for offenses against children as listed in (G)(2)(b) to (h) of section 2919.22.

Occupational driving privileges for DUI offenders cannot be granted during the following periods:

* First 15 days of suspension on a first offense;
* First 30 days of suspension on a person who had a DUI conviction 6 years;
* First 180 days of suspension on a person who had 2 previous DUI convictions within 6 years;
* No driving privileges granted if a person has had 3 previous DUI convictions within 6 years;
* A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more DUI violations cannot be granted occupational privileges.

Occupational driving privileges for refusal to submit to chemical tests cannot be granted during the following periods:

* First 30 days of suspension on a first offense.
* First 90 days of suspension on a person who had a previous refusal within 5 years.
* First year of suspension on a person who had 2 previous refusals within 5 years.
* First 3 years of suspension on a person who had 3 previous refusals within 5 years.
* A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more DUI violations cannot be granted occupational privileges.

4. What are the requirements for getting a hardship license?

Under § 4510.021, a court may not grant limited driving privileges during any suspension imposed by the bureau of motor vehicles. To obtain limited driving privileges during a suspension imposed by the bureau, a petition may be filed in a court of record in the county in which the person under suspension resides. A person who is not a resident of this state shall file any petition for privileges in the Franklin county municipal court, or, if the person is a minor, in the Franklin county juvenile court.

Before granting limited driving privileges under this section, the court shall require the offender to provide proof of financial responsibility pursuant to section 4509.45 of the Revised Code.

An order issued by a court that modifies a court suspension in some way. It usually is issued to allow you to drive to and from work (occupational privileges). In rarer instances it may be an order for termination of the rest of the suspension.

1. The order must be a journal entry from the court bearing the court seal.
2. To use modified driving privileges your driver license must be valid.
3. You must have a modifying order for each court suspension you are serving.
4. If your driver license is expired past 6 months the court must also issue an order to allow retesting to obtain a valid license. The letter must specifically state the fact that the driver is retesting for a CDL license if this is the case.
5. If the driver is also under a 12 pt. suspension the Points Section will mail the re-test letter.
6. To renew a license under modified suspension privileges the court must also issue an order allowing you to renew. The Bureau of Motor Vehicles will send a letter allowing the driver to proceed to a local Deputy Registrar to apply for a renewal license. The letter from the court must specifically state that the CDL license may be renewed if that is the case.
7. All other suspensions must be in compliance before modified or occupational driving privileges can be used.

To receive work driving privileges from the BMV you must:

1. Pay for damages you caused if you were involved in a motor vehicle accident;
2. Obtain approved financial responsibility (insurance) coverage. Approved financial responsibility (insurance) coverage means one of the following:

a. An SR-22 insurance or a Surety Bond (Must be obtained from a commercial insurance company)(99% of all drivers submit this type of coverage);
b. A $60,000 real estate bond (May be obtained through the BMV); or
c. A cash deposit of $30,000 (Must be deposited with the BMV)

3. Fill out and sign the Petition.
4. Pay all reinstatement fees (the amount is on your suspension notice);
5. Send the Petition, proof of insurance coverage (as described above), and fee payments to:

OHIO BUREAU OF MOTOR VEHICLES
ATTN: FINANCIAL RESPONSIBILITY
PO BOX 16520
COLUMBUS OH 43216-6520

5. Are all suspensions eligible for restricted driving privileges?

No. You cannot receive administrative occupational driving privileges if you have been suspended before for

1. Not having insurance coverage or
2. you have had a twelve (12) point suspension in the last five years or
3. you have been convicted of any major traffic violation for which you were charged six (6) points during the last five years or
4. you have not paid for damages you caused in a motor vehicle accident.
5. your license is suspended for any other reason.

6. Can minors receive limited driving privileges?

§ 4507.071 allows arestricted license to be issued to a person who is fourteen or fifteen years of age upon proof of hardship satisfactory to the registrar of motor vehicles.

No limited driving privileges are available if the driver is under the age of 18 at the time of the offense, with a BAC of .02% or above.


Inside Ohio Drivers License Hardship Law