What failure to reinstate means in Ohio
If your Ohio driver's license has been suspended or revoked and you do not take steps to restore it within a certain period, you have committed failure to reinstate. This is a separate criminal charge from the original reason your license was suspended — it means you continued to drive or let the suspension lapse without addressing it through the Ohio Bureau of Motor Vehicles (BMV).
The state treats failure to reinstate as a distinct offense because it shows you either drove knowingly without a valid license or ignored the requirement to complete reinstatement steps. The penalties depend on how many times you have been convicted of this charge and whether you were actually driving during the suspension period.
Key Takeaways
- Failure to reinstate is a criminal charge separate from whatever caused your suspension, and it carries jail time and fines that increase with each conviction.
- Ohio distinguishes between driving with a suspended license (which you may or may not have done) and failure to reinstate (which is about not completing the reinstatement process).
- The BMV will not automatically reinstate your license — you must contact them, pay any required fees, and complete all conditions tied to your original suspension.
- A first offense carries up to 30 days in jail and a $250 fine; a second offense within five years carries up to 60 days and $500; a third or subsequent offense carries up to 90 days and $750.
- If you are charged with this offense, you should contact a criminal defense attorney in your county, as the charge appears on your record and affects future licensing and employment.
How Ohio's suspension and reinstatement system works
When the BMV suspends or revokes your license, they send you written notice by mail to your address on file. The notice explains why the suspension happened, how long it lasts, and what you must do to reinstate. Common reasons include unpaid traffic fines, failure to appear in court, accumulation of points, DUI conviction, or failure to maintain insurance.
Reinstatement is not automatic. You must contact the BMV yourself, pay any reinstatement fees (typically $25 to $50 depending on the reason), and complete any other conditions — such as paying fines, completing a driver improvement course, or submitting proof of insurance. Until you do these things, your license remains suspended, and driving is illegal.
Failure to reinstate occurs when the suspension period has ended but you have not completed the reinstatement process. For example, if your license was suspended for six months and those six months have passed, but you have not paid the reinstatement fee or submitted required documents, you are in failure to reinstate status.
The difference between driving with a suspended license and failure to reinstate
Ohio law treats these as two separate violations, though they often happen together. Driving with a suspended license means you operated a vehicle while your license was under suspension — the state has to prove you were actually behind the wheel. Failure to reinstate means you did not complete the steps to restore your license after the suspension period ended, regardless of whether you drove.
You can be charged with failure to reinstate even if you did not drive during the suspension. The charge focuses on your failure to act, not on your conduct behind the wheel. However, if you were stopped by police while driving during a suspension, you may face both charges — one for driving with a suspended license and one for failure to reinstate if the suspension period had already ended.
Criminal penalties for failure to reinstate in Ohio
Failure to reinstate is a misdemeanor in Ohio. The penalties increase based on how many times you have been convicted of this specific charge within the past five years:
- First offense: Up to 30 days in jail, a fine of up to $250, or both.
- Second offense within five years: Up to 60 days in jail, a fine of up to $500, or both.
- Third or subsequent offense within five years: Up to 90 days in jail, a fine of up to $750, or both.
The court may also impose additional conditions, such as requiring you to complete a driver improvement course before reinstatement is allowed. A conviction appears on your criminal record and can affect employment, housing, and future licensing decisions.
How to reinstate your license and avoid this charge
Contact the Ohio BMV as soon as you become aware that your license is suspended. You can reach them by phone at 614-752-7600 or visit a local BMV office in person. Have your driver's license number and the reason for the suspension ready when you call.
Ask the BMV representative what specific steps you must complete. This typically includes paying the reinstatement fee, paying any outstanding fines, submitting proof of insurance if required, or providing documentation that you have completed a court-ordered course. Some suspensions require you to visit an office in person; others can be handled by mail or online.
Once you have completed all requirements and the BMV has processed your reinstatement, you will receive a new license or a notice that your suspension has been lifted. Do not drive until you have received written confirmation from the BMV that your license is valid. Driving before reinstatement is complete exposes you to additional charges.
What to do if you have been charged with failure to reinstate
If you have received a citation or been arrested for failure to reinstate, you should contact a criminal defense attorney in your county when ready. This is a criminal charge that will appear on your record, and the consequences extend beyond the when ready fine or jail time.
An attorney can review the circumstances of your case, determine whether the BMV properly notified you of the suspension and reinstatement requirements, and explore whether the charge can be reduced or dismissed. In some cases, if you can show that you have now completed reinstatement, the court may be more lenient. Do not ignore the charge or fail to appear in court, as this will result in additional charges and a warrant for your arrest.
Frequently Asked Questions
Can I get my license reinstated if I have been charged with failure to reinstate?
Yes. Reinstatement and the criminal charge are separate processes. You can complete reinstatement with the BMV while your criminal case is pending in court. In fact, showing the court that you have already reinstated your license may help your case. Contact the BMV when ready to begin the reinstatement process.
What if I did not receive the notice about my suspension?
The BMV is required to send notice by mail to the address on file with your license. If you did not receive it, you should still have received it if you updated your address. Claiming you did not receive notice is a defense your attorney can raise, but you will need evidence — such as a change of address form you filed or a forwarding address with the post office. Keep documentation of any address changes you made.
Does failure to reinstate stay on my criminal record?
Yes, a conviction for failure to reinstate is a misdemeanor and will appear on your criminal record. You may be able to have it sealed or expunged after a certain period, depending on the circumstances and whether you have other convictions. An attorney in your county can advise you on whether your record is may be able to access for sealing.
What if I cannot afford the reinstatement fee?
Contact the BMV and explain your situation. Some fees may be reduced or waived in cases of financial hardship, though this is not may provide. The BMV may also allow you to set up a payment plan. It is better to work with the BMV than to ignore the suspension, as that leads to the failure to reinstate charge.
Can I drive with a learner's permit while my license is suspended?
No. A suspended license means you cannot legally operate a motor vehicle in any capacity, including with a learner's permit. Driving during a suspension — even with a permit — is a separate violation and can result in additional charges.