There are many advantages in hiring an experienced DUI lawyer. Perhaps nowhere is that more evident than in obtaining and maintaining driving privileges. From the very start we give you information about getting you back to driving. In addition, we have a dedicated employee who works on your privileges. She is responsive to your questions and can help you through the process. With more than twenty years experience, we are often able to avoid all-to-typical pitfalls. Here is a primer on some of the more common questions we get on the topic of driving privileges.
How Can They Take My License?
When you signed up for your license, you gave consent for the Ohio BMV to suspend your license. This “implied consent” scheme is what gives the police the power to confiscate your license. However, they can only take your license under civil (not criminal) law. If your BAC was at or above the legal limit, you have been placed under an Administrative License Suspension (ALS) for 90 days. The duration of the suspension will be lengthened if you are convicted of OVI (drunk driving). If you refused to submit to a BAC test, the ALS will be extended to one year, but if you are convicted of OVI, the length of this “refusal” suspension may be shortened. If you are convicted of OVI, the court must suspend your license for a minimum of six months and may suspend it for a maximum of three years.
Confusion stems from the overlapping civil penalty (the ALS) and the criminal penalty following conviction. Early in the process, you will receive a notice from the Ohio BMV telling you that you must pay a reinstatement fee of $475.00. Please DO NOT PAY this reinstatement fee. Talk to your attorney about the possibility of having the fee waived. Yes, we often get the fee waived upon a resolution to your case. If you have additional questions about the fee and how we can get it waived, I address this issue at our initial (free) consultation.
If you submitted to a test and your BAC was under the legal limit, the officer should not have taken your license. In addition, it should be returned to you immediately. Frequently, the officer is unable to get the machine to work. In this circumstance, the law requires the officer to turn your license over to the court for disposition at your initial appearance. Your license may be returned to you at the initial appearance or, in some cases, the court may impose a suspension of your driving privileges under a “public safety” suspension. Ask me about the status of your license and whether or not a pre-trial court suspension would be in your interests.
When Can I Drive Again?
It depends! Here are the restrictions under Ohio law.
Failed Chemical Test R.C. 4511.191(C): Occupational driving privileges cannot be granted during the following periods in test cases:
15 days of suspension on a first offense
30 days of suspension on a person who had a prior OVI or refusal within 6 years.
180 days for a person who has had 2 prior OVI/refusals within 6 years.
3 years of suspension on a person who had 3 or more previous OVI/refusals within 6 years
OVI Refusal R.C. 4511.19(B): Occupational driving privileges cannot be granted during the following periods in refusal cases:
30 days of suspension on a first offense.
90 days of suspension on a person who had a previous refusal within 6 years.
1 year of suspension on a person who had 2 previous refusals within 6 years.
3 years of suspension on a person who had 3 previous refusals within 6 years.
A person, who within the preceding 7 years, has been convicted of or pleaded guilty to 3 or more OVI violations cannot be granted limited privileges.
For first-time offenders, if you took test and your BAC was at or above the legal limit, you will not be eligible for even limited driving privileges for 15 days from the date of arrest. If you refused to submit to a BAC test, you are not eligible for driving privileges for 30 days from the date of arrest. The time during which the court cannot grant driving privileges is commonly referred to as a “hard time.” A judge cannot grant privileges before the end of the “hard” suspension.If you have a CDL or a prior, we will address this matter at your consultation.
Much confusion is caused by the fact that the Administrative License Suspension is a pre-trial suspension generated by the Ohio Bureau of Motor Vehicles. The warnings given by the arresting officer are misleading. Often a client will come to our office under the misimpression that the worst case scenario will be a 90 day suspension. If our client refused a chemical test, they believe they are condemned to a one year suspension. This is not usually the case. Upon a plea to a reduced charge (such as Reckless Operation) or to an OVI, the Administrative License Suspension will be terminated and the court will impose its own suspension. The minimum mandatory suspension for a first OVI offense is six months. This will horrify the person who believed that they were facing 90 days, but a welcome relief to people who thought they were going to have a one year suspension.
What Kind Of Driving Privileges Can I Get?
Under Ohio law, the judge has broad discretion in determining whether or not to grant privileges, but the scope of the privileges is usually limited to occupational, educational, vocational and medical purposes, or for taking a driver’s license examination and attending court-ordered treatment. Some courts are liberal in granting privileges. Other judges do not allow privileges in certain cases. Having an accident, refusing the test, testing particularly high, being rude or violent with the officers are all things that may affect your driving privilege request. Another common problem is not knowing and following the rules of the court. When you hire us, we are able to make the process go as smoothly as possible. When granted, the limited privileges are valid for the remainder of the suspension.
Some folks do not have control over their schedule. Tell us if your work schedule changes frequently and we will tell you what to do. We have work-arounds for many problem areas, such as: getting on a plane; renting a car; reinstating your license and seeking employment. If you routinely travel for your job we can make a request that your work travel be included in your privileges. A liberal reading of the law permits the court to grant limited privileges for a variety of reasons. A strict reading does not.
A court may require, as a condition of allowing you to have pre-trial limited driving privileges, that you abstain from the use of alcohol. The issuing court also has the discretion to order you to put bright yellow, shame-plates on your car and can order you to wear a transdermal alcohol detection unit (commonly called the S.C.R.A.M., “Secure Continuous Remote Alcohol Monitor”). What is more, the court will make you pay for the installation and monitoring of the device. If the court imposes such restrictions, they will remain in effect until the conclusion of your case. R.C. 4511.198(A)(1). Violations of the alcohol monitoring will result in a termination of the court’s driving privileges. In practice, your OVI attorney will be able to advise you about the peculiarities of the court and the possibility of obtaining limited driving privileges with or without the restrictions.
What If I Drive Anyway?
Driving under an OVI suspension is a violation of Ohio Revised Code 4510.14. It is a separate offense from a DUI/OVI charge and carries harsh mandatory penalties. Most of these charges originate when a person is desperate to live up to their obligations. Often, the automatic license suspension is the worst part of the DUI experience. It is the position of this author that taking a person’s license prior to being found guilty of an offense is an unconstitutional governmental taking, a violation of the First Amendment’s guarantee of the right of assembly and a violation of Due Process in that a person is to be presumed innocent until proven guilty. Thus far, these arguments have not carried the day. Here are the punishments for the various levels of the offense.
FIRST OFFENSE.
A first offense violation of R.C. 4510.14 is a first degree misdemeanor (punishable by a maximum fine of six months in jail and a $1,000.00 fine). The offense carries a mandatory three day jail sentence and a mandatory Class 7 license suspension of up to one year. The judge has the discretion to allow the jail time to be served by a minimum of 30 days on Electronic Home Detention (house arrest). In addition, if the car used in the offense belongs to the offender, a 30 day immobilization of the car and impoundment of plates is required. Some courts will not consider granting limited driving privileges following this charge because they see the offense as a direct violation of “their” order. If a court does grant privileges it must be with the restricted yellow plates. The judge may, but does not have to, require an ignition interlock device.
SECOND OFFENSE.
A second offense violation of R.C. 4510.14 is a first degree misdemeanor (punishable by a maximum sentence of one year in jail and a $2,500.00 fine). The offense carries a mandatory ten day jail sentence and a mandatory Class 7 license suspension of up to one year. The judge has the discretion to allow the jail time to be served by a minimum of 90 days on house arrest.
In addition, if the car used in the offense belongs to the offender, a 60 day immobilization of the car and impoundment of plates is required. Most courts will not consider granting limited driving privileges following this charge because they see the offense as a direct violation of “their” order. If a court does grant privileges it must be with the restricted yellow plates. Additionally, the judge may, but does not have to, require an ignition interlock device. Be aware, a second violation can result in a very big bond being placed and may result in your being in jail until the case can be heard.
THIRD OFFENSE. A third driving under OVI suspension is an unclassified misdemeanor punishable by a maximum sentence of one year in jail and a $2,500.00 fine. The charge carries a mandatory minimum of 30 days in jail. Unlike a first or second violation, Electronic Home Detention (house arrest) is not an option. Forfeiture of the vehicle is required on a third offense, but the granting of driving privileges is still possible with restricted plates.
What Do You Need To Bring To DaytonDUI?
1. Bring in or send us your proof of insurance. This can be a card, or the declaration page of your insurance policy.
• Is your name on the card?
• Does your insurance cover the incident date?
• Is this your first offense? If not, an SR-22 bond may be required prior to getting your privileges.
• Contact us at 937-318-1384, or by fax at 937-879-0232,or by emailing our administrative staff at lgaipo3@yahoo.com.
• Depending on the court you will be permitted up to 60 hours per week. This includes to/from/during work, school, parenting time, medical and/or treatment appointments.
2. Bring in a letter from your employer on company letterhead stating your work hours. In addition, it should state your days worked and hours worked.
• If you don’t want your employer to know of your arrest, please a pay stub will usually suffice. (Also, carefully review your company policy as you may be required to disclose an arrest for insurance purposes)
• If you are self-employed, prepare a two-week schedule that we can use to obtain privileges. Get with us every time you need an update.
• If you need to travel, contact us to get permission to drive to the destination and/or the airport. We can also help you get a temporary Ohio identification for travel purposes.
We will promptly submit your privilege request. Be aware, different courts have different procedures. Some require you to pay a filing fee. Others make you appear in person to apply. In addition to applying, some want you to appear in person to pick up your privileges (or other requirements). Some courts are quicker in turning our requests into your privileges. It is important that you have some patience and stay in contact with our office. We are here to help you!
Contact Us!
Finally, facing a DUI offense is overwhelming. I offer a free consultation where we address the process. Even if you do not hire me, you will be immeasurably relieved to know there is a plan to overcome most obstacles. In addition, will tell you that it is important to focus on the ONE decision in front of you. Also, if you break down your case into manageable bits, you will feel much better. Most of the time, your first (and most important) decision will be in deciding on an attorney. Give me a call or text at (937) 318-1384 or 888-ROWLAND.
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