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Ohio Revised Code

Ohio Rev. Code § 4507.08 (2026)

Restrictions on issuance of license or temporary instruction permit

✓ current as of May 2026
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Effective:
September 30, 2025
Latest Legislation:
House Bill 96 - 136th General Assembly
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(A) No probationary license shall be issued to any person under the age of eighteen who has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program.

(B) No temporary instruction permit or driver's license shall be issued to any person whose license has been suspended, during the period for which the license was suspended, nor to any person whose license has been canceled, under Chapter 4510. or any other provision of the Revised Code.

(C) No temporary instruction permit or driver's license shall be issued to any person whose commercial driver's license is suspended under Chapter 4510. or any other provision of the Revised Code during the period of the suspension.

No temporary instruction permit or driver's license shall be issued to any person when issuance is prohibited by division (A) of section 4507.091 of the Revised Code.

(D) No temporary instruction permit or driver's license shall be issued to, or retained by, any of the following persons:

(1) Any person who has alcoholism, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety;

(2) Any person who is under the age of eighteen and has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program;

(3) Any person who, in the opinion of the registrar, has a physical or mental disability or disease that prevents the person from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways, except that a restricted license may be issued to any person otherwise qualified who is or has been subject to any condition resulting in episodic impairment of consciousness or loss of muscular control and whose condition, in the opinion of the registrar, is dormant or is sufficiently under medical control that the person is capable of exercising reasonable and ordinary control over a motor vehicle. A restricted license shall be issued to any person who otherwise is qualified and who is subject to any condition that causes episodic impairment of consciousness or a loss of muscular control if the person presents a statement from a licensed physician, certified nurse-midwife if authorized as described in section 4723.438 of the Revised Code, clinical nurse specialist, or certified nurse practitioner that the person's condition is under effective medical control and the period of time for which the control has been continuously maintained, unless, thereafter, a medical examination is ordered and, pursuant thereto, cause for denial is found.

A person to whom a restricted license has been issued shall give notice of the person's medical condition to the registrar on forms provided by the registrar and signed by the licensee's physician, certified nurse-midwife, clinical nurse specialist, or certified nurse practitioner at intervals required by the registrar. The registrar shall determine the validity period of the restricted license.

(4) Any person who is unable to understand highway warnings or traffic signs or directions given in the English language;

(5) Any person making an application whose driver's license or driving privileges are under cancellation, revocation, or suspension in the jurisdiction where issued or any other jurisdiction, until the expiration of one year after the license was canceled or revoked or until the period of suspension ends. Any person whose application is denied under this division may file a petition in the municipal court or county court in whose jurisdiction the person resides agreeing to pay the cost of the proceedings and alleging that the conduct involved in the offense that resulted in suspension, cancellation, or revocation in the foreign jurisdiction would not have resulted in a suspension, cancellation, or revocation had the offense occurred in this state. If the petition is granted, the petitioner shall notify the registrar by a certified copy of the court's findings and a license shall not be denied under this division.

(6) Any person who is under a class one or two suspension imposed for a violation of section 2903.01, 2903.02, 2903.04, 2903.06, 2903.08, 2903.11, 2921.331, or 2923.02 of the Revised Code or whose driver's or commercial driver's license or permit was permanently revoked prior to January 1, 2004, for a substantially equivalent violation pursuant to section 4507.16 of the Revised Code;

(7) Any person who is not a resident or temporary resident of this state.

(E) No person whose driver's license or permit has been suspended under Chapter 4510. of the Revised Code or any other provision of the Revised Code shall have driving privileges reinstated if the registrar determines that a warrant has been issued in this state or any other state for the person's arrest and that warrant is an active warrant.

Last updated July 21, 2025 at 11:15 AM

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1966–2025 · leading case: Doyle v. Ohio Bureau of Motor Vehs., 554 N.E.2d 97 (Ohio 1990).
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Doyle v. Ohio Bureau of Motor Vehs., 554 N.E.2d 97 (Ohio 1990). · cites it 13× “08 provides in pertinent part: “No temporary instruction permit or driver’s license shall be issued to, or retained by: “(A) Any person who is an alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person’s…”
State v. Lake, 781 N.E.2d 1053 (Ohio Ct. App. 2002). · cites it 7× “” {¶ 7} “The trial court erred when it stated, in its journal entry denying motion for driving privileges, that the [trial court] was ‘without authority to modify its final orders concerning R.C. 4507.08.’ ” {¶ 8} In support of his first assignment of error, Lake claims that the…”
State v. White, 505 N.E.2d 632 (Ohio 1987). · cites it 3× “White contends that the distinction between suspension and revocation is that the duration of a suspension is set by the judge, whereas the duration of a revocation is one year as defined in R.C. 4507.08, which provides in part: “No temporary instruction permit or operator’s or…”
Cain v. State, Dep't of High. Saf., 470 N.E.2d 208 (Ohio Ct. App. 1984). · cites it 3× “Plaintiffs argue that employees of the Ohio Department of Highway Safety failed to comply with the requirements of R.C. 4507.08, which provides, in part, as follows: “No temporary instruction permit or operator’s or chauffeur’s license shall be issued to, or retained by: it* * *…”
Interstate Brands Corp., Butternut Bread Div. v. Chauffeurs, Teamsters, Warehousemen & Helpers Local Union No. 135, 909 F.2d 885 (6th Cir. 1990). “1988) (providing that no person shall operate any vehicle while under the influence of alcohol or drugs); Ohio Rev.Code Ann. § 4507.08(A) (prohibiting the issuance of an operator’s or chauffeur’s license to a person who is an alcoholic or addicted to the use of controlled…”
State v. Rowe, 691 N.E.2d 1140 (Ohio Ct. App. 1997). “17 provides: ■ “Any person whose license is suspended or revoked under sections 4507.01 to 4507.”
Wilsch v. Bencar, 219 N.E.2d 311 (Ohio Ct. App. 1966). · cites it 2× “01, Revised Code, read as follows: “ ‘Operator’s License’ means the license issued to any person to operate a motor vehicle * * * including ‘Junior Probationary License’ * * *. “ ‘Junior Probationary License’ means the license issued to any person between sixteen and eighteen…”
State v. Campbell, 685 N.E.2d 308 (Ohio Ct. App. 1996). “However, the Mackey court reasoned that *328 the ALS did not violate the Due Process Clause since a postsuspension hearing was available immediately upon a driver’s suspension and could easily be initiated by the driver, the risk of erroneous observation or deliberate…”
Gatts v. State, Bureau of Motor Vehs., 469 N.E.2d 562 (Ohio Ct. App. 1984). · cites it 3× “On July 28, 1982, the *381 defendant-appellee, Ohio Bureau of Motor Vehicles, notified the appellant that his chauffeur’s license was being immediately suspended pursuant to R.C. 4507.08 and Ohio Adm. Code 4501:1-1-16.”
Rivera v. Petition for Relief From Firearm Disability, 2025 Ohio 2225 (Ohio Ct. App. 2025). “Code 4501:1-1-16, which establishes the procedural rules regarding driver’s licenses in Ohio, “Alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person’s ability to operate a motor vehicle with the required…”
City of Columbus v. Sliker, 506 N.E.2d 287 (Ohio Ct. App. 1986). · cites it 5× “Nothing transpired until April 20, 1982, when the registrar sent defendant a certified letter, return receipt requested, informing him that his privilege to drive a motor vehicle in Ohio had been cancelled pursuant to R.C. 4507.08, effective April 22, 1982. The certified letter…”
Krejci v. Akron Pediatric Neurology, Inc., 511 N.E.2d 129 (Ohio Ct. App. 1987). · cites it 2× “Timmons was negligent in certifying Korsmo’s medical condition as being sufficiently controlled to permit him to drive pursuant to R.C. 4507.08(B). The suit also alleges that Dr.”
Show all 19 citing cases →
— Ohio Rev. Code § 4507.08(A) — 3 cases
Doyle v. Ohio Bureau of Motor Vehs., 554 N.E.2d 97 (Ohio 1990). “08 provides in pertinent part: “No temporary instruction permit or driver’s license shall be issued to, or retained by: “(A) Any person who is an alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person’s…”
Interstate Brands Corp., Butternut Bread Div. v. Chauffeurs, Teamsters, Warehousemen & Helpers Local Union No. 135, 909 F.2d 885 (6th Cir. 1990). “1988) (providing that no person shall operate any vehicle while under the influence of alcohol or drugs); Ohio Rev.Code Ann. § 4507.08(A) (prohibiting the issuance of an operator’s or chauffeur’s license to a person who is an alcoholic or addicted to the use of controlled…”
Stieben v. Dollison, 456 N.E.2d 842 (Ohio Ct. App. 1983).
— Ohio Rev. Code § 4507.08(B) — 1 case
Krejci v. Akron Pediatric Neurology, Inc., 511 N.E.2d 129 (Ohio Ct. App. 1987). “Timmons was negligent in certifying Korsmo’s medical condition as being sufficiently controlled to permit him to drive pursuant to R.C. 4507.08(B). The suit also alleges that Dr.”
— Ohio Rev. Code § 4507.08(C) — 1 case
Cain v. State, Dep't of High. Saf., 470 N.E.2d 208 (Ohio Ct. App. 1984). “Plaintiffs argue that employees of the Ohio Department of Highway Safety failed to comply with the requirements of R.C. 4507.08, which provides, in part, as follows: “No temporary instruction permit or operator’s or chauffeur’s license shall be issued to, or retained by: it* * *…”
— Ohio Rev. Code § 4507.08(D) — 3 cases
City of Columbus v. Sliker, 506 N.E.2d 287 (Ohio Ct. App. 1986). “Nothing transpired until April 20, 1982, when the registrar sent defendant a certified letter, return receipt requested, informing him that his privilege to drive a motor vehicle in Ohio had been cancelled pursuant to R.C. 4507.08, effective April 22, 1982. The certified letter…”
Sanders v. Postmaster Gen. (S.D. Ohio 2020).
Alvarado v. Rankin, 2012 Ohio 5207 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 4507.08(D)(1) — 1 case
State v. Lake, 781 N.E.2d 1053 (Ohio Ct. App. 2002). “” {¶ 7} “The trial court erred when it stated, in its journal entry denying motion for driving privileges, that the [trial court] was ‘without authority to modify its final orders concerning R.C. 4507.08.’ ” {¶ 8} In support of his first assignment of error, Lake claims that the…”
— Ohio Rev. Code § 4507.08(D)(3) — 1 case
Sanders v. Postmaster Gen. (S.D. Ohio 2020).
— Ohio Rev. Code § 4507.08(D)(5) — 2 cases
Alvarado v. Rankin, 2012 Ohio 5207 (Ohio Ct. App. 2012).
Raus v. Ohio Bur. of Motor Vehs., 2011 Ohio 4937 (Ohio Ct. App. 2011).
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