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If you have been charged with a
DUI in Ohio (Driving Under the Influence), there are two things that you need
to consider:
Take your drunk driving charge very seriously.
A conviction for a DUI in Ohio will have long lasting consequences. A
criminal record can affect your employment, your future and your personal
freedom.
Hire an experienced Ohio DUI Lawyer or DUI Attorney who is
experienced in Ohio DUI law.
Understanding the Ohio DUI laws and courtroom proceedings can be a challenge.
Hiring a qualified Ohio DUI attorney or lawyer from DUI.com who's practice
concentrates on drunk driving defense can make a difference in the outcome of
your drunk driving charge. Again, for a Ohio DUI lawyers or attorneys, call
1-800-852-8005 or simply click the county above to find the right Ohio DUI
attorney that really knows drunk driving defense and the Ohio DUI law.
Each Ohio DUI lawyer at DUI.com
offers an initial review of your drunk driving charge. Your inquiry is
both free and confidential.
To begin fighting your drunk
driving charge, use the list above to locate a Ohio DUI Lawyer in your
county who knows the Ohio DUI laws. But do it now, as time is very critical
in a DUI case.
Ohio's D.U.I. Laws
IF YOU DRINK AND DRIVE, YOU ARE COMMITTING A SERIOUS CRIME
WHICH HAS SWIFT AND SURE CONSEQUENCES THAT ARE HARD TO IGNORE.
Administrative License Suspension
(ALS)
- If you are stopped for drunk
driving and you refuse to take the sobriety test, or if your test
results exceed the legal limit of Blood Alcohol Concentration (BAC), the
officer can take your driver's license on the spot, and the suspension
begins immediately.
- Depending on previous
offenses or refusals, you can have your license automatically suspended
for a period of 90 days to five years.
- The administrative suspension
is independent of any jail term, fine or other criminal penalty imposed
in court for a DUI offense.
Probationary License Suspension
DUI (PD)
The PD will be triggered by a
conviction record with an offense date greater than12/31/98, the driver is
under the age of 18 at the time of the offense, with a BAC of .08% or above.
Length of Suspension: Six months.
Limited Driving Privileges: There
is no provision in the law for driving privileges on this suspension.
You Have the Right to an
Administrative Hearing: You are entitled to an Administrative Hearing on this
matter;
Your request for a hearing must be
made to this Bureau within thirty (30) days of the mailing date of the
notice;
After the request is made, you
will be notified of the time and place of the hearing. You may appear in
person, or you may be represented by an Attorney;
The scope of the hearing is to
present evidence and examine witnesses that can show cause why your driving
privileges should not be suspended;
After the Administrative Hearing,
the Hearing Office will send a recommendation to the BMV. You will be
notified by mail.
Conditions for return of full
driving privileges:
Serve six month suspension;
Successful completion of Juvenile
Driver Improvement Course, approved by the registrar of the Bureau of Motor
Vehicles;
Payment of $30 reinstatement fee;
Successful completion of driver
license examination.
1st Offense:
- Administrative License
Suspension (ALS) for a prohibited BAC;
- ALS for test refusal = one year
license suspension;
- Jail - Minimum of three
consecutive days or 3-day driver intervention program;
- Fine - Minimum $200 and not
more than $1,000;
- Court License Suspension - 6
months to 3 years.
2nd Offense:
- ALS for one year for a
prohibited BAC;
- ALS for test refusal = two
year license suspension;
- Jail - Minimum of 10
consecutive days or five days jail + minimum 18 consecutive days of
electronically monitored house arrest combined, not to exceed 6 months;
- Fine - Minimum $300 and not
more than $1,500;
- Discretionary driver's
intervention program;
- Vehicle immobilization and
plates impounded for 90 days;
- Court License Suspension - 1
year to 5 years.
3rd Offense:
- ALS for two years for a
prohibited BAC;
- ALS for test refusal = three
year license suspension;
- Jail - Minimum 30 consecutive
days to one year;
- Alternative sentence - 15
days or Jail + minimum 55 consecutive days of electronically monitored
house arrest combined, maximum of one year;
- Fine - Minimum $500 and not
more than $2,500;
- Mandatory attendance in an
alcohol treatment program paid for by offender;
- Vehicle immobilization and
plates impounded for 180 days;
- Court License Suspension - 1
year to 10 years.
4th or More Offense or Motor
Vehicle Related Felony:
- ALS for three years for a prohibited
BAC;
- ALS for test refusal = five
years license suspension;
- Jail - Minimum of 60
consecutive days and up to one year in jail;
- Fine - Minimum $750 and not
more than $10,000;
- Mandatory drug/alcohol
treatment program paid for by offender;
- Vehicle Forfeiture -
Mandatory criminal forfeiture of vehicle operated by offender, imposed
by court;
- Court License Suspension - 3
years to Permanent Revocation.
APPEAL PROCESS FOR ADMINISTRATIVE
LICENSE SUSPENSION (ALS)
The court must hold the administrative
license suspension hearing within five days of arrest. The appeal is heard at
this initial appearance if requested. The scope of appeal is confined to four
issues.
- Was the arrest based on
reasonable grounds?
- Did the officer request the
person to take a test?
- Was the violator made aware
of the consequences if he/she refused or failed the test?
- Did the person refuse or fail
the test?
NOTE: A court may still issue a
suspension even if 1-4 is proven by defendant if court finds the person is a
threat to public safety.
DRIVING UNDER DUI SUSPENSION OR DRIVING UNDER SUSPENSION WITHOUT INSURANCE
The court is authorized to order
vehicle immobilization and impoundment of the license plates at the time of
sentencing for:
Driving under DUI Suspension
- First Offense: 30 days
- Second Offense: 60 days
- Third Offense: Forfeiture
FRA Suspension (without insurance)
- First Offense: 30 days
- Second Offense: 60 days
- Third Offense: Forfeiture
Note: For multiple DUI offenders
under suspension, the court may also impound the plates of any other vehicle
owned by the offender.
PERMITTING A PERSON WITH NO LEGAL
RIGHT TO DRIVE OR OPERATE YOUR VEHICLE
First Offense: 30 days for state
offenses only.
VEHICLE FORFEITURE
Permanent loss of vehicle shall be
ordered by the court for any of the following which occurs within five years,
except "3":
- Third offense of DUI
- Third offense or more of
Driving Under FRA Suspension
- Second offense of owner
knowingly permitting a person who is under suspension to drive their
vehicle.
- First offense of driving a
vehicle that is immobilized and plates impounded.
There is a provision for a court
review to protect an innocent vehicle owner from a vehicle forfeiture or
immobilization. If forfeiture occurs, offender cannot register or title any
vehicle in his or her name for six years.
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