DUI Out-of-State

Ohio BMV License Suspension

March 20th, 2014

BMV License SuspensionThe most common reasons that a person will have a driver’s license suspension by the Ohio Bureau of Motor Vehicles include:

  • Accumulating 12 “points” for traffic violations
  • Driving Without Insurance
  • Operating a Vehicle Impaired (testing over .08 or refusing to test)
  • Drug Offenses
  • Out-of-State DUI/OVI or drug related offenses

If you would like an unofficial copy of your driving record or more information on your type of license suspension or reinstatement, you can visit the BMV web site by clicking HERE.

You should not ignore a notice of suspension because it does not go away unless and until you pay the required reinstatement fees to the Ohio Bureau of Motor Vehicles. You can appeal your BMV suspension by filing a proper petition with your local municipal court which is also empowered to give you driving privileges during the pendency of your license suspension.   The only exception exists if your license is suspended due to a failure to pay child support.  In such cases, petitions for driving privileges will be handled by the county’s Domestic Relations/Family Court.  Once you submit the appropriate paperwork and pay your filing fee, your appeal will be assigned to a Judge. At this time, you can also present a driving permit to the Court for consideration by a Judge. You can request driving privileges for work, educational or medical reasons.

The court will also allow you t set up a payment plan should you not be able to pay off your reinstatement fee in a lump sum.  The Ohio BMV will offer a driver’s license reinstatement fee installment plan to those individuals who have met all their reinstatement requirements except for paying reinstatement fees. The plan will allow individuals owing $150 or more in reinstatement fee to become valid or eligible to retest for a driver license by paying only $50.00 or more every 30 days for as long as it takes to pay their reinstatement fees.

The license suspension appeal process can vary from court to court.  It is often a very good investment to have an Ohio traffic attorney help you through this process.  The attorney will be familiar with the court’s appeal process and the required paperwork.  You should be able to get guidance as to how to get the maximum number of hours allowed by the court.  Often, people will need to address travel needs or have to deal with a work schedule that changes every week.  Again, a good attorney can deal with these issues.  They can also help avoid trouble by filing and re-filing should your circumstances change. It is also important to consider that driving without a valid permit could result in a criminal charge of Driving Under Suspension, a first degree misdemeanor punishable by a $1,000 fine and the possibility of 180 days in jail.

OVI Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio and protecting you.  He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671.  You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500.  Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog.  You can emailCharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324.  “All I do is DUI defense.”

Ohio BMV license suspension information and other city-specific info at the following links:

FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville

DUI & The International Driver’s License

July 25th, 2013

IDCECardforSiteIn Ohio, there is no such thing as an international driver’s license for United States citizens.  If you are using an “international driver’s license” in place of a state-issued license, you should stop immediately. It is illegal, and if caught, you will face criminal charges.  If your Ohio State driver’s license has been revoked due to a DUI (now called OVI)you cannot drive here on any other license. If you have a valid license from somewhere else, you may be able to drive in other jurisdictions. Check with local counsel.

If, however, you are a new arrival to the United States you may use a valid license from your home country for up to one year from the date of your arrival in the U.S. Your I-20 or DS-2019 must have been issued for a duration of time that exceeds one year in order to obtain an Ohio Drivers License. (source)  Be sure that your home country has reciprocal driving privileges with the United States before attempting to drive on your home country driver’s license in Ohio.  You can contact the Ohio Bureau of Motor Vehicles at (614) 752-7500.

An international driver’s license, which is not a valid document, should not be confused with an International Driving Permit (IDP), which functions as an official translation of a U.S. driver’s license into 10 foreign languages.  IDPs are not intended to replace valid U.S. state licenses and should only be used as a supplement to a valid license. An IDP is honored in more than 150 countries outside the U.S., but it must be accompanied by a valid driver’s license at all times. It has no value on its own and is not a substitute for a driver’s license.  Valid IDPs can be purchased only from the American Automobile Association (AAA) and the National Automobile Club (NAC), formerly the American Automobile Touring Alliance. These organizations are allowed only to sell permits to drivers older than 18 who possess valid drivers’ licenses issued by a U.S. state or territory. AAA and the NAC charge $15 for each International Driving Permit.

More detailed information about getting an Ohio driver’s license and license plates can be found in the Digest of Ohio Motor Vehicle Laws. (also available in Español and Somali). You can also find information for new Ohio residents who hold a valid driver’s license from another state and want to get an Ohio driver’s license in the Digest.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

Ohio DUI Law: Crossing Jurisdictional Lines

June 5th, 2013

Bar tender

Suppose a person sits at a bar in Richmond, Indiana listening to John Mellencamp on the juke box and drinks to a point where he exceed the .08% BAC limit in Indiana.  The person then gets in his car and drives from Richmond, Indiana into Ohio.  While in Ohio and still in excess of the .08% BAC limit he drives through Eaton, Preble County, Ohio.  Leaving Enon, the driver is noticed by a citizen who alerts the Enon Police Department and the Ohio State Highway Patrol about erratic driving and “Jack & Diane” being played very loudly in violation of the municipal noise ordinance.  Near the Preble County boarder the defendant is intercepted by a trooper who follows him all the way to the Oregon District in Dayton, Ohio.  While listening to “I Fight Authority,” the driver is arrested for Operating a Vehicle Impaired and is summoned to appear in the Dayton Municipal Court.  He also receives summons to appear in Enon Municipal Court (Preble County) and a summons to appear in the court in Indiana.  According to Ohio law where can the defendant be tried?

The Defendant may argue that he was first drunk in Indiana.  Since he was charged in Indiana he argues he cannot be tried for OVI in Ohio.  Ohio disagrees.  In State v. Smith (1991), 61 Ohio Misc. 2d 165, Ohio asserted the right to try a defendant irrespective of whether or not a similar charge exists in another state.  This makes sense from a public policy standpoint as it is the job of Ohio judges to protect Ohio citizens from the harm of criminal conduct.

The only good news for our defendant is that he cannot be tried in both Enon Municipal Court and the Dayton Municipal Court.  Why?  In State v. Anderson (1989), 57 Ohio App. 3d 108 the court held,  “[t]he Double Jeopardy Clauses of the United States and Ohio Constitutions forbid the prosecution of a defendant for drunk driving by a political subdivision when that defendant has already been placed in jeopardy by another political subdivision of the same state for the same offense, stemming from the same underlying course of conduct.”

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville 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 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. “All I do is DUI

R.C. 4511.181, Prior Convictions

January 9th, 2013

Ohio Revised Code 4511.181 sets forth the law of prior convictions in Ohio.  It states that “equivalent offenses” can include:

  1. A state OVI under 4511.19(A);
  2. A state OVUAC offense under 4511.19(B); [often referred to as a "baby" DUI or an "juvenile" DUI]
  3. A violation of a municipal OVI ordinance;
  4. Involuntary manslaughter due to impairment, R.C. 2903.04(D);
  5. Aggravated vehicular homicide, vehicular homicide or vehicular manslaughter due to impairment, R.C. 2903.06(A)(1);
  6. Aggravated assault due to impaired driving, R.C. 2903.08(A)(1);
  7. Other state aggravated vehicular homicide, vehicular homicide, vehicular manslaughter offenses under R.C. 2903.06, R.C. 2903.08 or former R.C. 2903.07 based on a finding of impairment;
  8. A violation of a municipal ordinance that is substantially equivalent to R.C. 2903.06, R.C. 2903.08, or former R.C. 2903.07 and related to impairment;
  9. A state boating under the influence offense under R.C. 1547.11(A);
  10. A state underage boating under the influence offense under R.C. 1547.11(B);
  11. A violation of a municipal boating under the influence offense;
  12. A violation of any existing or former municipal ordinance, law of another state, or law of the United States that is “substantially equivalent” to R.C. 4511.19(A) or (B).

The boating provisions of the law were added in 2007 (see 2007 Am.Sub.S.B. 17, eff. September 30, 2008).  It is important to note that despite recent legislative changes to this definition, a violation of R.C. 4511.194 Physical Control, is still not included in equivalent offenses for purposes of the law.

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-backand a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES.

Six Year Look-Back

If you receive a second DUI six years from the conviction date of your first DUI, the penalties are enhanced.  Both a first and second DUI within a six year period are first degree misdemeanors which carry a maximum fine of $1,075.00 and a maximum incarceration of six (6) months.  A second DUI within six years is enhanced, meaning that the minimum number of incarceration days and the fine are heavier. R.C. 4511.19(G)(1)(a) and (b).  A third offense within six years has even heavier fines and incarceration and carries a possibility of one year of incarceration, owing to the fact that a third offense is an unclassified misdemeanor. R.C. 4511.19(G)(1)(c).  A DUI becomes a fourth degree felony if it is a fourth offense within six (6) years. R.C. 4511.19(G)(1)(d).

Twenty Year Look-Back

A sixth or greater offense within a twenty year look-back period is a fourth degree felony. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any future DUI regardless of how many years have passed is charged as a third-degree felony.  This means that if you have many years of sobriety in between DUI convictions, you still face a felony rather than having your case treated as a first-in-six misdemeanor offense.DUI defense attorneys have challenged the constitutionality of these look-back provisions on the grounds that they violated due process and that they are a retroactive application of laws.  In State v. Miccap, 2006-Ohio-2854 (Ohio Ct. App. 9th Dist, Summit County), the 9th District Court of Appeals rejected these arguments and upheld the enhanced punishments.  It stated that the penalties imposed were not enhancements punishing prior conduct, but punishing any violations that occur after enactment of the enhancement provision.  In State v. Brooke, 113 Ohio St.3d 199, 863 N.E.2d 1024 (2007), the court upheld the right of a defendant to challenge whether or not a prior conviction was conducted in accordance with the rule of law.  For a complete discussion of Attack on prior convictions, see Ohio Driving Under the Influence Law, Weiler & Weiler J., 2009-2010 ed., pp 333-335.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in FairbornDaytonSpringfieldKetteringVandaliaXenia,MiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville 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 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. “All I do is DUI”

An Ohio OVI Conviction May Prevent Entry Into Canada (by DaytonDUI)

November 16th, 2012

Driving Under the Influence May Prevent Entry Into Canada

national Flag of Canada

Canada places strict limits on who may enter.  One of the most vexing restrictions is the Criminal Inadmissibility due to a DUI charge.  Shockingly, you may also be denied admission due to the conduct of a dependent who has a prior DUI offense.  Obviously, the best way to prevent a problem is to hire an aggressive DUI/OVI attorney who will fight to prevent a conviction.  Tell your Ohio OVI attorney about any Canadian travel you regularly take or may be required to take for your business.  However, if you have been previously convicted of a DUI you should contact a qualified immigration attorney who can address your issues prior to your planned trip.  HERE is a link to a firm which specializes in immigration issues (please note we have no relationship with this firm, they just provide good information).

Criminal inadmissibility can be overcome permanently by Criminal Rehabilitation or temporarily by obtaining a Temporary Resident Permit.  There are two ways to be deemed Criminally Rehabilitated.  The first is to be “Deemed Rehabilitated.”  If you have only been convicted of a single DUI/OVI offense and ten (10) years have elapsed since completion of the sentence you can be deemed rehabilitated.  Yes, you read that right…  TEN YEARS are required to rehabilitate a DUI conviction.  Please also note that the ten years starts after completion of the sentence, not ten years from the date of the offense. Canada also allows you to “Apply for Rehabilitation.”  To be eligible, a period of five (5) years from the completion of the entire sentence must have elapsed.  If you have more than one DUI offense you must “Apply for Rehabilitation” because the “Deemed Rehabilitated” status only applies to first offenders.  You can also overcome inadmissibility by applying for an receiving a Temporary Residence Permit.  You have to state with particularity why you wish to enter the country and satisfy Canadian immigration officials that you should be allowed to enter.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver  in:  FairbornDaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboroHuber HeightsOakwoodBeavercreekCenterville 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 to40404. DaytonDUI is also available on Facebook 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.