Ohio DUI Penalties

Administrative License Suspension (A.L.S.)

• If your breath, blood or urine test is over the legal limit, or you refused the test, the officer will take your driver’s license on the spot and place you under an Administrative License Suspension. The form provided to you by the officer indicates the action taken.
• The A.L.S. lasts for a period of 90 days to 5 years, depending on previous offenses or refusals. There is a “hard-time” waiting period with absolutely no driving privileges whatsoever. This period lasts at least 15 days or more depending on previous offenses or refusals.
• Some judges will allow a “stay” of the A.L.S., which effectively puts the A.L.S. “on hold” until a later date. Many courts will not allow a stay of the A.L.S. Some judges will require it to be filed in writing or by an attorney.
• The A.L.S. is independent of the DUI charge itself, which usually carries a longer, mandatory license suspension. Even if you overcome the DUI charge, the A.L.S. remains in most cases.
• At the end of the A.L.S., you must pay a $475.00 reinstatement fee to the B.M.V. to get your driver’s license back. Otherwise, you will continue to be suspended indefinitely.

Other DUI Considerations

• Mandatory DUI incarceration has to be served all at once. You cannot split the time up.
• Judges are not allowed to grant work releases during the mandatory incarceration.
• There are severe penalties for transferring a vehicle out of your name if it was used in certain DUI offenses. The judge will find you in contempt and require you to repay the N.A.D.A. blue book value of the vehicle as a penalty.
• For all CDL holders, a first DUI conviction in Ohio now results in a 1-year commercial driver’s license disqualification. A second DUI results in a lifetime CDL disqualification. It doesn’t matter whether the offense was committed in a commercial vehicle or a private vehicle.
• For DUI offenses, certain controlled substances such as marijuana, amphetamines, cocaine, L.S.D., phencyclidine and heroin have been assigned arbitrary prohibited concentration levels, which have no relation to impairment. These levels may exist for weeks or months after ingestion.
• Prior offenses are calculated from date of conviction to date of current offense.
• Different prohibited alcohol levels apply to persons under age twenty-one and holders of commercial driver’s license.
• Ohio courts are now required to keep records of DUI offenses for fifty years.
• A.L.S. suspension can be appealed within thirty days of your initial appearance. However, the grounds for such an appeal are very strictly limited by statute.
• See a chart of Ohio DUI Penalties by Judge Jennifer P. Weiler, from Garfield Heights Municipal Court.

WARNING:

To have any degree of success in a DUI case, you must hire a DUI defense lawyer who handles DUI charges on a regular basis and understands the complexities of Ohio DUI Law.

“I am in court nearly every day on DUI cases. All too often, I see DUI defendants represented by lawyers who are clueless about DUI law. Many times these attorneys are relatives, friends of the family or practice in other areas of the law.” – Dan Weisenburger.