Ohio OVI Law: The Habitual Offender Registry

August 6th, 2013 by DaytonDUI Leave a reply »

morguefile free beer can topOhio OVI law states that you  can’t be a chronic alcoholic and drive in Ohio.  Ohio driver’s license laws forbid the issuance of a driver’s license to, or the retention of a license by, a person who is “alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person’s ability to operate a motor vehicle with the required degree of safety” (Ohio R.C. 4507.08(D)(1).  Such persons will be placed on Ohio’s Habitual Offender Registry.

If you have an OVI conviction after September 30, 2008 and you have four or more prior OVI (or equivalent) convictions in the past 20 years, you will be placed on the Ohio Habitual Offender Registry.  The Registry includes the name, address, and date of birth of offenders as well as their date of convictions.  The Registry is accessible to the public.  Offenders remain on the Registry until they no longer have five or more offenses within the past 20 years.  Such easily accessible information raises significant privacy concerns.  Ohio is one of very few states that have created such a registry.

If you are placed on the “Habitual Offender Suspension” registry, you will need to take specific steps to be removed.  The Ohio Bureau of Motor Vehicles will monitor your progress by ensuring that the Habitual Offenders completes a treatment / rehabilitation program after the date of the last Ohio OVI conviction.  To be removed from the registry, you must complete the following steps:

1. BMV Form 2326 must be completed by a license physician, licensed psychologist, or a certified alcoholism counselor.  The form must attest that you have completed treatment successfully.

 

2. This person must vouch for the offender’s successful completion of the rehabilitation program and continous sobriety for at least 6 months AFTER completing the program.  

 

3. BMV Form 2326 must be returned to the Ohio BMV within 90 days of it being completed.

 

4. Once this form is completed and submitted, the Special Case / Medical Unit will review all the information and make a decision about lifting the Habitual Offender Suspension.

 

5. If, however, within 1 year from the date of restoration the offender gets convicted of another DUI (or “equivalent offense” the suspension will be reinstated.

 

The following offenses constitute “equivalent offenses” for purposes of the statute: Physical Control Offenses(O.R.C. 4511.194); Misdemeanor OVI convictions (both test and refusal cases); Boating Under the Influence; OVUAC(underage/juvenile OVI); DUID (driving under the influence of drugs); OVI while operating under a Commercial Driver’s LicenseVehicular Assaults(including aggravated vehicular assaults); Vehicular manslaughterInvoluntary manslaughter with alcohol; Vehicular homicide (including aggravated vehicular homicide);

If you face placement on Ohio’s Habitual Offender Registry, please CONTACT Dayton Ohio DUI lawyer Charles M. Rowland II at 937-318-1DUI (318-1384), 1-888-ROWLAND (888-769-5263), or text DaytonDUI (one word) to 50500. www.DaytonDUI.com has proudly served Dayton and the Miami Valley since 1995.  He has been featured in both Time Magazine and Car & Driver Magazine for his leading role in DUI Defense. “ALL I DO IS DUI DEFENSE

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