If you are facing a drunk driving charge you want answers-- FAST! |
know your
rights |
Attorney David P. Drew understands the serious nature of your situation and wants to help you deal with the stressful and complex issues of a drunk driving arrest. |
Ohio DUI law changes often and although any
lawyer in Ohio could defend your case dealing with an Ohio DUI arrest, you may want to consider Attorney David P. Drew who specializes in Ohio DUI law and works in all the courts that handle Ohio DUI's. |
Calculate your Blood Alcohol Level (BAC) |
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In a drunk driving case, time is of the essence. If you sit back and wait, you could jeopardize your case—and your future.
Call
the law office of Attorney David P. Drew immediately: (330) 689-1529 |
Attorney David P. Drew will fight hard for you. He has been fighting prosecutors for over
20 years—he'll fight just as hard for you. |
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The first chart is entitled “Ohio OVI/Physical Control
Misdemeanor Offense Penalties”. The first page details the penalties
for the offenses of operating a vehicle under the influence of
alcohol or drugs, underage operating under the influence, and
physical control. The second page concerns the length of
administrative license suspensions imposed upon arrest and the
process for appealing such suspensions.
The second chart is entitled “Ohio Driver’s License Offense
Penalties”. Both pages of the chart list the penalty provisions for
common offenses such as driving under suspension, driving without a
license, and wrongful entrustment. The second page also has a
summary of when driving privileges may be granted and the
requirements for the same.
Both charts are updated on an ongoing basis to reflect changes in
the law.
Ohio Impaired Driving Law -
Download Here -
Back Page
Ohio Driver's License Law -
Download Here -
Back Page
You will need to Download a Free Version of Adobe Acrobat Reader to view these files
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Ohio's D.U.I. Laws |
If you drink and
drive, you are committing a serious crime with 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.
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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 $375 and not more than $1,075
- Court License Suspension - 6 months to 3 years
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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 $525 and not more than $1,625
- Discretionary driver's intervention program
- Vehicle immobilization and plates impounded for 90 days
- Court License Suspension - 1 year to 5 years
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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 $850 and not more than $2,750
- Mandatory attendance in an alcohol treatment program paid for by offender
- Vehicle Forfeiture - Mandatory criminal forfeiture of vehicle
operated by offender, imposed by court
- Court License Suspension - 1 year to 10 years
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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 5 years in jail
- Fine - Minimum $1,350 and not more than $10,500
- 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
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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?
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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 |
FRA Suspension
(without insurance ) |
First Offense: 30 days |
First Offense: 30 days |
Second Offense: 60 days |
Second Offense: 60 days |
Third Offense: Forfeiture |
Third Offense: Forfeiture |
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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 for 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: |
- Third offense of DUI within six years
- Third offense or more of Driving Under FRA Suspension within five years
- 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.
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Get started today |
In a drunk driving case, time is of the essence. If you sit back and wait, you could jeopardize your case—and your future. Call my Office immediately: (330) 689-1529 |
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