DUI Under 21/Juvenile

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Unintended Consequences of an Ohio DUI Charge

January 6th, 2012

A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI).

1. Child Custody – If you are involved in a custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court.  Automatic suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the cost or difficulty in seeing your kids.  Visit www.OhioDivorceAttorney.com for issues involving child custody. MADD has advocated putting a provision in every divorce decree calling for immediate suspension of parental rights if the parent if found to be driving while intoxicated.

2. Adoption – Some investigating agencies will use a DUI/OVI conviction against a party seeking to adopt children.

3. Car Insurance - Some companies will drop you if you have a drunk driving conviction and others may deny claims.  Others raise rates dramatically and still other companies force you to buy “high risk” insurance.  You can expect higher costs and less coverage for your dollar.

4. Employment – Given the societal stigma of a DUI/OVI, many companies will terminate an employee who is charged or convicted of an OVI.  Particularly vulnerable employees include those who drive company cars, those who drive between states for their jobs, those who are covered by fleet insurance and those who have management jobs.  In this tough job market you want to check your employment handbook for any reporting obligations a DUI/OVI require.  You have to decide if the employer needs to know, or, if they will be placated by telling them that you are aggressively fighting your charge.

5. Professional Licenses – Are you a doctor, lawyer, nurse, daycare worker, cosmetologist, private security, barber or any other many other workers required by your state to hold a professional license?  Do you hold a security clearance?  Holders of a professional license may face a range of sanctions for a DUI/OVI conviction, including mandatory alcohol counseling, fines, probationary discipline, license review, denial of a license or revocation of an existing license.  Obviously, you should fight your DUI/OVI charge with vigor to avoid these devastating results.

6. Civil Lawsuits – If you are involved in a drunk driving accident you become a target for victims of personal or property damage.  Many times the societal approbation against drunk driving will motivate someone to seek revenge to assure that you are punished for your negligent and reckless behavior.

7. Pilot’s License – Those holding an FAA Airman’s Certificate are subject to reporting and disclosure requirements.  A DUI is a “motor vehicle action” pursuant to section 61.15 of the FAA Aviation Regulations.

8. Military Induction – The ramifications of a DUI/OVI may prevent or delay induction into the military.  Recruiters are loathe to interfere with an order of any court.

9. Educational (College) Problems – Many colleges, depending on the facts of the case and whether or not the DUI was on school property, will haul you before a disciplinary committee when you are convicted (in some cases charged) with a DUI/OVI offense.  These sanctions are further complicated if you are applying to a college or university.

10. Travel - Canada’s Immigration and Refugee Protection Act may prevent entry into Canada following an OVI conviction. [see previous articles on this topic]  You may also face travel restrictions if you engage in travel to sensitive places.

11. Immigration Issues – DUI/OVI is not a crime of violence but may still carry immigration issues.  Make sure your attorney can get advise from a competent immigration attorney.

12. Commercial Drivers – See the numerous articles I have written on the plight of professional drivers who face the loss of their careers even when driving a non-commercial vehicle on their own time.

13. Enhancement – A DUI/OVI in Ohio is never expungeable and will follow you for 6 years for enhancement purposes.  This means that if you are convicted of a second OVI within 6 years you will face harsh enhanced penalties.  A DUI/OVI will also require you to submit to a chemical test (no-refusals) for 20 years following a conviction.

Given all the above, many times the most difficult aspect of a DUI/OVI is telling those people you love you have been charged.  The National Highway Transportation Administration, MADD, The Century Council, schools and colleges all spend millions of dollars on educational programs and television commercials stigmatizing the act of drunk driving.  DUI clients are perceived as guilty without a presumption of innocence afforded to most defendants.  Furthermore, it causes stress and financial concerns in families that can cause minor fissures to become major cracks.  If you find yourself charged with a DUI/OVI please contact a competent criminal defense attorney who can protect you from this many-tentacled beast.  Charles M. Rowland II has dedicated his practice to representing the accused drunk driver.  Contact him immediately at 937-879-9542 or 1-888-ROWLAND

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Posted in DUI & Military Issues, DUI Felony, DUI Penalties, DUI Trucking & CDL, DUI Under 21/Juvenile, Ohio Traffic Law

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Consequences of a Fake ID

December 10th, 2011

Fake IDs Have Real Consequences

Seal of the Ohio Bureau of Motor Vehicles Source

If you are under the age of 21 years of age and you either (a) use someone else’s identification to buy alcohol, or (b) alter your identification to purchase alcohol, you will find yourself facing a multiplicity of consequences.  O.R.C. 4510.33 carries a one year license suspension.  You will be required to retake the driver’s license examination if the license is altered.  You will also be required to pay a reinstatement fee to the Ohio Bureau of Motor Vehicles.  You can file an appeal within 20 days of the mailing of the notice in the municipal or county court, or if under the age of 18 years, in the juvenile court in whose jurisdiction such person resides. You must agree to pay the cost of the proceedings and allege error by the Registrar of Motor Vehicles in the suspension of the license or in one or more of the matters within the scope of the hearing.  For more information on a Violation of Liquor Law, visit the Ohio BMV HERE.

A serious offense requires a serious attorney.  I have been fighting driving under suspension charges for over sixteen years. By fighting hard in the courtroom and negotiating intelligently outside of it, we work to avoid a conviction or mitigate the worst provisions of this charge.  Check me out by clicking on the “About Me” section of this blog and contact me at (937) 318-1384. I practice in Dayton, Springfield, Xenia, Miamisburg, Beavercreek, Vandalia, Huber Heights, Fairborn and I appear in all courts throughout the Miami Valley.

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Posted in Driving Under Suspension, DUI Under 21/Juvenile, Ohio Criminal Law, Ohio Traffic Law

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Underage Consumption in Ohio

November 1st, 2011
Power-control theory of gender and delinquency

Underage possession or consumption of beer or intoxicants is a serious crime in Ohio.  The charges are first-degree misdemeanors carrying a maximum penalty of 180 days in jail and up to a $1,000.00 fine.  Worse yet, a conviction may leave you with a “criminal record” which is much more serious than a fine or costs.  Fear, shame or guilt may compel you to want to plead guilty to put the charge behind you, but that decision may have long-lasting and unintended consequences.

If you are under 21 years old, drinking alcohol is illegal in the State of Ohio.  Ohio Revised Code 4301.69(E)(1) provides that “No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place.”

The same section provides for three recognized exceptions to the law, they are set forth below:

  1. If the person is in the “presence of their parent, legal guardian or spouse who is over 21 years old;”
  2. If the alcohol is consumed as part of a recognized religious service; and
  3. If the alcohol is prescribed for medical treatment.

Section 4301.69(E)(2), sets forth a diversion program for underage offenders.  It states, “[i]f the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child’s record in the case sealed under sections 2151.356 to 2151.358 of the Revised Code. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.”  A child is ineligible for diversion if he or she has previously been diverted.

O.R.C 4301.69(A)-(C) also contain harsh penalties for furnishing alcohol to minors or providing them accommodations in which the “owner or occupant” allows a person to remain while the person is possessing or consuming alcohol.  Many times police will target the owner of a home, apartment or dorm room wherein minors are drinking.

If you are under 18 at the time of your arrest, your case will be prosecuted in the Juvenile Court.  Person under 21, but older than 18 will have their cases heard in the Municipal Court.  Often, resolving the matter in court is not the end of the process.  Most university students face a disciplinary hearing before a university review board or student government panel.  At Brown, Rowland, Babb & Campbell, we know how to help you in court and how to help you stay in school.  Call us toll-free at 1-888-769-5263 for immediate assistance.

 

For a link to the full text of O.R.C. 4301.69, please click.

 

 

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Top Ten Rules for Partying in Ohio

September 21st, 2011
Ohio state welcome sign, along US Route 30, en...

As the summer comes to an end, coeds will be returning to colleges and universities across Ohio and more than a few may find themselves stumbling upon a party or two.  But do you know the rules for avoiding an arrest and partying safely?

Rule #1: Don’t Drink and Drive

Ohio has some of the most stringent drunk driving laws in the county.  A first-time offender faces 180 days in jail and a one thousand seventy-five dollar fine, loss of their driver’s license for up to three years and enhanced penalties upon subsequent convictions.  A DUI (called an OVI in Ohio) is not subject to expungement, meaning it will be on your record forever, and subjects an offender to a six (6) year look-back period for enhancements and up to twenty (20) years for enhanced punishments for refusing an officer’s request to provide a breath, blood or urine sample.  In addition to the penalties you will face in court, you may face suspension from your school or other discipline. (Ohio Revised Code 4511.19)

Rule #2: Don’t Drink If You Are Under 21

It is illegal in Ohio for anyone under 21 to purchase, possess or consume an alcoholic beverage.  A conviction of Underage Consumption is a first degree misdemeanor and carries a maximum fine of $1,000.00 and/or up to six months in jail.  Despite efforts to lower the drinking age, the law remains rigidly enforced.  Athletes, students on scholarship and students who live in on-campus housing may face additional harsh penalties for underage drinking and be particularly vulnerable to the penalties that are sure to follow an arrest.  Ohio Revised Code Section 4301.69 contains most of the information concerning underage alcohol possession and use. Penalties are in Ohio Revised Code Section 4301.99.

Rule #3: Don’t Furnish Alcohol to Minors

Furnishing someone under 21 with alcohol is a first degree misdemeanor.  If you are providing the alcohol, make sure you know where it is going.  You may be responsible if an underage person consumes the alcohol and face harsh punishments.  Ohio regularly receives funding for programs aimed at curbing underage drinking and uses these funds to go after people providing the booze.  The bigger your party the more likely it is to draw attention from law enforcement.

Rule #4: Don’t Use a Fake ID

Just possessing  a fake ID is illegal in Ohio and is classified as a first degree misdemeanor.  Using the fake ID to purchase alcohol is punished by a mandatory $250.00 fine and may result in a 3 year driver’s license suspension.  A popular enforcement method is for police officers to serve as vendors in drive-through establishments:  “COPS IN SHOPS”

Rule #5: Don’t Drink Where You Shouldn’t

Ohio has an open container law.  It is a minor misdemeanor to possess in public an open container of an alcoholic beverage.  You are subject to a fine of up to $150.00 (a minor misdemeanor).  Possession of alcohol while in a car bumps the charge up to a fourth degree misdemeanor and subjects the offender to 30 days in jail. 4301.62 Opened container of beer or intoxicating liquor prohibited at certain premises.

Rule #6: Don’t Be Drunk In or Near a Car

Pursuant to Ohio Revised Code 4511.194 (effective Jan. 1, 2005), it is illegal to be in physical control of a vehicle while under the influence. “Physical Control” is defined as being in the driver’s seat of a car and having possession of the vehicle’s keys.  Physical Control does not require that the vehicle have ever been driven or even started.  Under the statute, having the keys within reach will satisfy the definition of having “physical control.”   The crime is one of potentiality, (i.e. you are so close to driving that we will punish you) and speaks to the growing neo-prohibitionist tendencies in Ohio law.

Rule #7:  Don’t Be Disorderly

Disorderly conduct can occur from simply being intoxicated in public.  Officers are given a great deal of discretion in determining what constitutes disorderly behavior.  Disorderly conduct occurs when one recklessly causes inconvenience, annoyance or alarm to another due to offensive conduct. Disorderly conduct also occurs when one makes unreasonable noise in such a manner as to violate the peace and quiet of the neighborhood or to be detrimental to the life and health of any individual.  While normally a minor misdemeanor ($150.00 fine) a disorderly conduct can be enhanced to a fourth degree misdemeanor (30 days jail/$250 fine) if an officer tells you to stop the behavior and you persist. See O.R.C. 2917.11 Disorderly Conduct.

Rule #8: Don’t burn stuff

Intentionally setting fire to property that might endanger other or their property, in fact damages the property of another and/or preventing police, fire or EMS personnel from doing their job is a violation of O.R.C. 2909.01 to 2909.0.  Students at public universities in Ohio who are found guilty of these crimes will lose all state-funded financial aid for two years.

Rule #9: Disperse When Instructed

Failure to disperse is also a crime in Ohio.  You should begin walking away and/or go indoors upon such an order. You must obey all lawful orders given by such persons at an emergency site.  A recent revision in the law makes a failure to disperse in situations such as campus area riots an offense for which you can be arrested and jailed. If you actively hamper police officers, firefighters, emergency medical personnel, and other public officials while they are doing their jobs you subject yourself to the charge of Misconduct During An Emergency.

Rule #10 Don’t Riot

The party is getting out of control.  If more than five people are engaging in disorderly behavior the party may be deemed a riot under Ohio law.  Your participation in a riot may subject you to criminal penalties. If there is violence involved the rioting gets bumped up to aggravated rioting.  Aggravated rioting is a felony level offense.  Those found guilty of rioting and aggravated rioting must be dismissed from their university and are not permitted to enroll in any state-supported institution of higher education for one year.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Huber Heights, Beavercreek, and throughout Ohio.  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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Juvenile Driving Suspensions

August 11th, 2011

JUVENILE DRIVING SUSPENSIONS ARE HARSH!

Juvenile and Domestic Court, Warrenton, Virginia

If you are the parent of a juvenile and he or she admits to a violation of law he or she may face very harsh penalties that affect their ability to drive.  If a child has been adjudicated unruly, delinquent, or a juvenile traffic offender for having committed any act that, if committed by an adult, would be a drug abuse offense, the Ohio Bureau of Motor Vehicles suspends the child’s license until they are 18 years old. ORC Sections 2151.354 & 4510.032(C)(1).  The suspension will stay in stay in place until the child turns 18 or attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court.  A reinstatement fee must also be paid to the Ohio BMV.

If you are the parent of a juvenile you may have the best of intentions in making them face the consequences of their actions.  Often, we see parents who wanted to have the child take responsibility in court.  They do not hire an attorney because they fear it would send the wrong message.  I cannot tell you how many times parents bring their child into my office and explicitly tell me they do not want to send the message that you can escape responsibility by hiring an attorney.  These are good people who are trying to do the best for their child.  Unfortunately, we also see many parents who did not hire an attorney and are faced with multiple problems due to the fact that their child can no longer drive.  They fear another arrest for improper driving.  Many parents resent the implication that their child has a drug problem.  Parents do not like being coerced into putting their kids into drug and alcohol treatment in order to secure their license. They are frayed by having to drive or account for rides for their kids.  They come to us for help.

A serious offense requires a serious attorney.  I have been fighting driving under suspension charges for over sixteen years. By fighting hard in the courtroom and negotiating intelligently outside of it, we work to avoid a conviction or mitigate the worst provisions of this charge.  Check me out by clicking on the “About Me” section of this blog and contact me at (937) 318-1384. I practice in Dayton, Springfield, Xenia, Miamisburg, Beavercreek, Vandalia, Huber Heights, Fairborn and I appear in all courts throughout the Miami Valley.

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Posted in Driving Under Suspension, DUI Under 21/Juvenile, Ohio BMV Issues

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