Operating A Vehicle While Impaired

• 1). Attend your initial court hearing. You have up to 30 days from the initial hearing to appeal as long as you were present at the hearing.
  
  
• 2). Tell the court that you are appealing the suspension. It is your right under Ohio Revised Code 4511.197 to appeal.
  
  
• 3). Request that the court grant you limited driving privileges. This will allow you to retain your CDL during the appeal, after a set number of days depending on your offense. You have up to 30 days from the date of the initial court hearing to request limited driving privileges under Ohio Revised Code.
  
  
• 4). Plan your appeal. You may wish to contact an attorney to help you. You will need to prove that law enforcement made an error in one of four areas required to suspend a CDL. The four areas are: the officer must have had reasonable belief that you were operating the vehicle under the influence, the officer must have asked you to take a test to determine blood alcohol levels, must have informed you of the consequences of refusing the test, and must have proved that you exceeded legal limits. Law enforcement personnel must complete testing within the time limit outlined by law.
  
  
• 5). Attend the appeal hearing and present evidence that you believe shows that law enforcement did not follow the conditions set forth by law to suspend your license. If you win the appeal, the Ohio BMV will reinstate your CDL.
  
  

Other Serious Traffic Violations

• 1). Attend your initial court hearing. You may want to consult a lawyer before the initial court hearing because in Ohio commercial drivers can face stiffer penalties and longer suspensions than other drivers.
  
  
• 2). Indicate to the court that you wish to appeal the ticket.
  
  
• 3). Request that the court grant you limited driving privileges. The court may deny this request, allow you to retain your CDL license during the appeal, or may only grant you permission to drive your personal vehicle.
  
  
• 4). Plan your appeal. You will need to prove that law enforcement made an error in ticketing you and that you are not guilty of the traffic violation.
  
  
• 5). Present your defense at the appeal hearing. The court will notify you and the BMV of the outcome of the appeal.