DUI in Ohio: Can I Keep My License?

Ohio is one of the many states that has toughened its OVI (operating a vehicle while under the influence) laws.  That get-tough penalty has resulted in consequences for any OVI infractions that meet certain criteria, depending on the number of arrests for OVI, the degree of intoxication, and whether or not the offender agreed to take a sobriety test.

Administrative License Suspension

Ohio does legislate an immediate Administrative License Suspension (ALS) of OVI under certain conditions.  Those conditions include:

• Refusing to take a sobriety test
• Having a blood alcohol level (BAC) above the legal limit of .08%

That ALS is effective immediately and can last for 90 days to 5 years, depending on various conditions.  The ALS is also effective regardless of any other penalties such as fines, jail terms, or license suspensions or revocations. 

Additional OVI Penalties

There are other penalties that can be imposed upon OVI offenders which vary depending  on repeat offenses and level of BAC.  For a first offense, the penalties include the following:

• ALS for 90 days
• ALS for 1 year for sobriety test refusal
• Three-day minimum jail term or 3-day driver intervention program
• A fine of $250 to $1,000
• A driver’s license suspension by the court , independent of the ALS imposed by the arresting officer, of from 6 months to 3 years

For additional offenses, these penalties increase.

For a 2nd offense, the penalties include:

• ALS for 1 year
• A 2-year suspension for refusing a sobriety test
• Jail time of either 10 days, or 5 days plus 18 consecutive days to 6 months of house arrest monitored by an electronic device
• A fine of $350 to $1,500
• A driver’s intervention program, at the discretion of the court
• Vehicle immobilization of 90 days, with the plates impounded
• Court-ordered license suspension of from 1 to 5 years

Those penalties continue to increase for additional offenses or OVI offenses in conjunction with a felony. 

Appeals Process

Those who receive an ALS have the opportunity to appeal the suspension at the ALS hearing, which must occur within five days of the original arrest.  At that point the accused can appeal the charges on the basis of whether or not the arresting officer had grounds for the arrest, whether the officer asked the accused to take a sobriety test and made the offender aware of the consequences for not taking the test, and whether the offender actually refused to take the test.  Even if the offender proves any of those grounds for appeal, the court may still uphold the ALS if it believes the offender is a danger to the community.

Driver Intervention Programs

At the discretion of the court, the offender may be allowed to take a driver intervention program lieu of jail time.  Such programs must be approved by the state, and often carry a fee of between $300 and $500, which the offender must pay.  The program includes counseling, assessment of the offender’s level of alcohol dependence, and education about the influence alcohol abuse can have on a person’s life, employment, relationships, and more.  The program usually lasts 72 hours for first-time offenders.

Conclusion

The get-tough laws in Ohio now require that anyone arrested of OVI have their driver’s license suspended for a minimum of 90 days.  That is a serious hardship on many driver’s, but it leaves a lasting impression of the consequences of OVI in the state of Ohio, and is intended to be a powerful deterrent.