DUI & Driving Privileges

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Automatic License Suspension; Testing Over the Limit

November 7th, 2011

According to Ohio Revised Code 4511.191, if you are arrested on suspicion that you are operating a vehicle while impaired (commonly called a DUI) and you take a chemical test which produces a result which is over the per se limit as set by the Ohio Department of Health, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years.  After a second offense your vehicle may also be immobilized.

You, or your attorney,  can appeal the automatic license suspension (O.R.C. 4511.197)  at the initial court appearance which will be held within 5 days of the arrest or the issuance of a citation.  The filing of an appeal will not stay the suspension.  Pursuant to Ohio Revised Code 4510.021, a driver may petition the court for limited driving privileges any time subsequent to the date on the notice of suspension. This petition may be filed in the municipal, county, or in the case of a minor, juvenile court with jurisdiction over the place at which the arrest occurrsuspension on a person who had a OVI conviction 6 years First 180 days of suspension on a person who had 2 previous OVI convictions within 6 years;

  • First 15 days of suspension on a first offense.
  • First 30 days of suspension on a person who had a previous OVI conviction within 6 years.
  • First 180 days of suspension on a person who had 2 previous OVI convictions within 6 years.
  • No driving privileges granted if a person has had 3 previous OVI convictions 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.

If you plead guilty to OVI (drunk driving) or enter a no-contest plea to OVI (drunk driving) the automatic license suspension will terminate. O.R.C. 4511.191.  Ohio law requires the court to suspend your license upon entry of a plea to an OVI offense (example: a first-time OVI offender has a mandatory license suspension of a minimum of six (6) months).  Effectively, your ALS suspension will end and a court suspension will begin.  After serving the term of your suspension, reinstatement of your license is required before you can legally drive.  See Reinstatement Fee List for required fee amount. Show Proof of Insurance by forwarding the proper documentation to: Ohio Bureau of Motor Vehicles, Attn. RE Fee, P.O. Box 16520, Columbus OH 43216-6520.

If you find yourself facing the loss of your license due to an automatic license suspension, it is important that you speak to a DUI attorney right away.  Your attorney will advise you on whether or not a ALS appeal hearing is in your best interest.  Dayton DUI lawyer Charles M. Rowland II has been representing people accused of drunk driving for over fifteen (15) years.  Call him at 937-318-1DUI [318-1384] today for a free consultation.

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Posted in Driving Under Suspension, DUI & ALS Suspensions, DUI & Driving Privileges, DUI Court Process, DUI Penalties, Ohio Traffic Law

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What Happens If I Can’t Show Proof of Insurance?

November 1st, 2011
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If you appear in court as a result of DUI or any other traffic offense, the Court is required to determine whether or not you had insurance at the time of the offense.  Failing to provide this proof of insurance coverage will result in a suspension from the Ohio Bureau of Motor Vehicles.  The suspension will be called and F.R.A. non-compliance suspension and is in addition to any other suspensions that the court may impose.

If you hire the DUI law firm of Charles M. Rowland II, we will help you file for privileges under the F.R.A. non-compliance suspension as well as helping you maintain privileges due to any “other” suspensions that the court may impose.  Dealing with multiple suspensions can quickly become a nightmare of escalating consequences.  A first offense in five years is a 90 day suspension and you can get privileges upon proof of financial responsibility.  A second offense in five years is a 1 year suspension, but you have to wait 15 days before the court can grant privileges.  A third offense in five years is a 2 year suspension and the court cannot grant driving privileges.

If you have been arrested in Dayton, Springfield, Kettering, Miamisburg, Xenia, Fairborn, Vandalia, Centerville, Lebanon,  Springboro,Mason, Franklin,  Beavercreek or anywhere throughout the Miami Valley, let the DUI team of Charles Rowland help you navigate the rough waters of a DUI charge and maintain your driving privileges.  “All I do is DUI defense.”

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Limited Driving Privileges

July 22nd, 2011

The Limits on Limited Driving Privileges

Same as India, China's economic surge has resu...

Revised Code 4510.021 authorizes courts to grant “limited driving privileges.” The Ohio General Assembly  has taken steps to restrict when a court can grant privileges.   A court cannot grant you driving privileges under the following circumstances:

(1) If you have been charged with an OVI or OVUAC the legislature has enacted “hard-time” during which the court cannot grant you privileges.  In effect, they are acting to restrict a court from conforming with the American principle that you are innocent until proven guilty.  This author has taken the position that the ability to drive is a right which is protected by the First Amendment’s guarantee of the right of assembly. See R.C. 4510.13(A)

(2) If you are charged with either failure to comply with an order of a police officer or willful fleeing and eluding a law enforcement officer, the law imposes “hard time” during which the court cannot grant privileges.  See R.C. 2921.331(E)

(3) If you have been charged with Child Endangering involving the operation under the influence of alcohol, drugs, or both with three or more offenses occurring within the previous six (6) years, the court cannot and will not grant limited driving privileges. See R.C. 2919.22(G)

(4) Restrictions on juveniles who have three or more violations of certain moving violations also trigger provisions limiting the court’s power to grant privileges.  R.C. 4510.31(C)(3)

(5) The legislature has also targeted commercial drivers.  Any CDL holder cannot obtain driving privileges to operate a commercial vehicle during the course of any suspension.  This can have a devastating effect on families who depend on a driver for income and stability.  See R.C. 4506.161

Often I have represented clients who find themselves unable to reinstate their license because they cannot afford to pay the reinstatement fee.  They become trapped in a vicious cycle of getting new Driving Under Suspension charges and getting further and further away from legal driving.  If you are in this position, please call me.  A provision of Ohio law allows you to get an extension of time (180 days) to drive legally while raising money to pay your reinstatement fee. R.C. 4510.10(C)(2).   In addition, some courts (including the Fairborn Municipal Court) have instituted programs to help you become legal.

Dayton Traffic attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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Protecting Your Ohio Driver’s License After Your OVI Case

July 15th, 2011

Dealing with the Ohio Bureau of Motor Vehicles after an OVI case can be a nightmare. So, you will want to avoid problems before they rear their ugly heads. Don’t worry! You can make this as painless as possible by following these simple rules.

1. Make sure the Ohio BMV knows how to reach you. The burden is upon you to notify them of any address change. Courts will accept their statement that they sent you information at your last known address as valid even if you did not get it. You can apply for an address change on line at https://www.dps.state.oh.us/bmv/VehSetID.aspx.

2. Make sure the court knows how to reach you.  As with the BMV, the court will send valid notices to your last known address.  Not keeping this information current can be disastrous.  If your probation officer cannot reach you, he/she may issue a warrant for your arrest.

3. Follow the rules!  If you are required to attend a weekend intervention program and/or sign up for treatment, please do so.  Not attending a program and/or missing a schedule evaluation usually results in a letter being sent to the court.  The court, in turn, schedules a hearing on why you have disobeyed.  The hard work of your attorney can be undone.  It is also important to realize that most weekend intervention programs run on a tight schedule.  They can and will lock you out of the program for being late.

4. Follow all the rules!  It is much easier for your attorney to obtain a new driving privilege order than to defend you for driving under suspension.  Please drive only on valid privileges. If your job and/or hours change, make sure the changes are reflected on your order.  You should also only drive at the time and to the location provided for in your order.

5. Show proof of insurance to everyone, all the time, every where…at least twice.  The police officer can mark proof of insurance.  Your attorney can show proof of insurance prior to the disposition of your case.  The judge can mark proof of insurance on the file and the proof can be maintained in the file.  However, the BMV should be sent a separate notice of proof at least two weeks prior to filing for reinstatement.

6. Pay your reinstatement fee.  At least two weeks prior to the end of your suspension arrive at the BMV with your proof of insurance and your reinstatement fee.  I have abandoned giving the advice to mail it in.  Suck it up and go to the BMV in person.  You are likely to have proof that day and all issues will be solved.  You are not valid until the reinstatement fee is paid.

7. Pay your court fees and costs on time.  Failure to do so may result in jail time, driving suspensions and/or monetary fines.  The failure to pay fines may also impact your probation.

8. Renew your license on time even if you are under suspension.  Many times people will avoid paying the renewal during a suspension.  This is not a good idea.  To be valid at the end of your suspension, you must have a valid license.  Unwittingly, you may put yourself in the awful position of having to re-test.

9. If you need identification during a DUI case, please contact the BMV for a “temporary” i.d.  Do not under any circumstances get a state issued identification because this will cancel your license and you will be required to re-test.

10. Keep my number.  We pride ourselves on providing services to our clients after their OVI cases have been concluded.  Contact Charles M. Rowland II at 937-318-1DUI (318-1384) if you run into any problems with the Ohio Bureau of Motor Vehicles.

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DUI Refusals and the Automatic License Suspension

April 20th, 2011

According to Ohio Revised Code 4511.191, if probable cause exists to believe that you are operating a vehicle while impaired (commonly called a DUI) and you refuse to take a chemical test at the request of law enforcement, your license will be suspended immediately. Depending on previous offenses or refusals, you can have your license suspended for a period of 1 year to 5 years.  After a second offense your vehicle may also be immobilized.

You, or your attorney,  can appeal the automatic license suspension (O.R.C. 4511.197)  at the initial court appearance which will be held within 5 days of the arrest or the issuance of a citation.  The filing of an appeal will not stay the suspension.  Pursuant to Ohio Revised Code 4510.021, a driver may petition the court for limited driving privileges any time subsequent to the date on the notice of suspension. This petition may be filed in the municipal, county, or in the case of a minor, juvenile court with jurisdiction over the place at which the arrest occurred.

NOTE: Occupational driving privileges cannot be granted during the following periods in refusal cases:

  • First 30 days of suspension on a first offense.
  • First 90 days of suspension on a person who had a previous refusal within 6 years.
  • First year of suspension on a person who had 2 previous refusals within 6 years.
  • First 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.

If you plead guilty to OVI (drunk driving) or enter a no-contest plea to OVI (drunk driving) the automatic license suspension will terminate. O.R.C. 4511.191.  Ohio law requires the court to suspend your license upon entry of a plea to an OVI offense (example: a first-time OVI offender has a mandatory license suspension of a minimum of six (6) months).  Effectively, your ALS suspension will end and a court suspension will begin.  After serving the term of your suspension, reinstatement of your license is required before you can legally drive.  See Reinstatement Fee List for required fee amount. Show Proof of Insurance by forwarding the proper documentation to: Ohio Bureau of Motor Vehicles, Attn. RE Fee, P.O. Box 16520, Columbus OH 43216-6520.

If you find yourself facing the loss of your license due to an ALS/refusal suspension, it is important that you speak to a DUI attorney right away.  Your attorney will advise you on whether or not a ALS appeal hearing is in your best interest.  Dayton DUI lawyer Charles M. Rowland II has been representing people accused of drunk driving for over fifteen (15) years.  Call him at 937-318-1DUI [318-1384] today for a free consultation.

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Posted in Driving Under Suspension, DUI & ALS Suspensions, DUI & Driving Privileges, DUI Court Process, DUI Penalties, Ohio Traffic Law

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