Category Archives: OVI / DUI / DWI

DUI / OVI Ohio Penalties

ovi_ohioBelow is a list of penalties for an OVI or Operating a Vehicle While Intoxicated,  also known as a DUI or DWI.  If you have recently been charged with an OVI/DWI/DUI and desire the assistance of an attorney please call the law offices of Morrison & Nicholson at (937) 432-9775 or visit our free online consultation page.

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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 $200 and not more than $1,000;
• 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 $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.
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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 $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.
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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 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.

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Ohio Points for Driving / Traffic Violations / DUS

Ok, here is another handy chart for those of you with recent traffic woes.  Many times our office can help with many of the violations below.  Feel free to call us for a free consultation at 937-432-9775.

If you are an Ohio driver who accumulates 12 or more points for convictions of the traffic offenses listed below, your license will be suspended for 6 months. If you plead guilty and pay your fine, that is the same as a conviction. Points stay on your license for 2 years after the conviction.

When you accumulate 12 points, the suspension is automatic, although you will be notified of your right to a court hearing. You must petition the court for a hearing. A judge may impose conditions upon your suspension, such as allowing you to drive only for purposes of getting to and from your job. Driving while your license is under suspension can subject you to severe criminal penalties, including jail time.

Upon completion of the 6 month suspension, you must complete a remedial driver education class, provide proof of insurance and take your drivers’ test again before your license will be reinstated.

If you complete an approved remedial driving course prior to accumulating 12 or more points, you will receive a 2-point credit. You can take this course up to 5 times in your lifetime, but no more than once ever 3 years.

6-point violations

vehicular homicide, manslaughter or assault
drag racing
driving with a suspended or invalid license
operating a motor vehicle under the influence of alcohol or drugs
failure to stop at the scene of an accident (hit and run)
fleeing or eluding a law enforcement officer
operating a motor vehicle without the owner’s consent
using a motor vehicle in the commission of any felony

4-point violations

reckless operation of a motor vehicle with willful or wanton
disregard for the safety of other persons or property
operating a motor vehicle with an unlawful concentration of alcohol while under the age of 21

2-point violations

operating a motor vehicle in violation of a restriction imposed by the Ohio Bureau of Motor Vehicles
all other moving violations not listed here

points for speeding violations

speed limit 1-5
mph over
6-10
mph over
11-29
mph over
30+
mph over
below 55 mph 0 points 2 points 2 points 4 points
55 mph or more 0 points 0 points 2 points 4 points
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