News & Blog

The Types of DUI and Their Penalties

Ohio police enforce several laws against driving under the influence of alcohol or drugs. The basic offense, and the one most people think about when they hear “DUI,” is called operating a vehicle while intoxicated (OVI). Other anti-drunk and drugged driving statutes and special provisions exist for commercial drivers, drivers younger than 21, boaters who are under the influence, and multiple OVI offenders. Ohio also recognizes merely sitting in the driver’s seat of vehicle while intoxicated as an offense.

  • 2016-09-23
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How Can a Domestic Violence Lawyer Help Me?

Your domestic violence defense attorney will treat you fairly and with respect.

Few people may want to listen to your side of the story after police charge you with threatening or harming someone close to you. As your legal representative, advisor, and ally, an empathetic and ethical Columbus domestic violence lawyer will never prejudge you and will always work to achieve the result that is in your best interest.

  • 2016-09-17
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What if I’m Charged With a DUI in Another State?

The name of the charge varies, but each state enforces a law that is equivalent to Ohio’s prohibition on operating a vehicle while intoxicated (OVI). The legal limits for blood alcohol concentration are identical -- .08 for adults older than 21; .04 for commercial truck and bus drivers -- no matter where you travel in the United States. Penalties vary, as do provisions regarding boating while impaired, having a very high BAC, driving under the influence of alcohol while younger than 21, and driving while under the influence of drugs.

  • 2016-09-21
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Charges for Receiving Stolen Property

Ohio law enforcement considers receiving stolen property an act of theft and fraud. That is, even though a person accused of receiving stolen property did not steal anything or illegally deprive anyone of anything of value, the legal system treats the person as a thief or a perpetrator of fraud.

What Counts as a Crime?

Here is what section 2913.51 says specifically about the alleged offense: “No person shall receive, retain, or dispose of property of another knowing or having reasonable cause to believe that the property has been obtained through commission of a theft offense.”

  • 2016-09-15
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Understanding the BMV Point System in Ohio

In Ohio, the penalties for most traffic violations include points system that the Bureau of Motor Vehicles (BMV) puts on the driver’s record. Racking up 12 points in a two-year period results in a suspension that lasts 6 months. Once that six month BMV license suspension is over, you must completely retest to get your license back and take a full day course at the BMV.

The rules regarding how penalty points are assessed are largely the same for people who drive their own cars and for commercial drivers. CDL holders do face a particular risk from accumulating penalty points, however.

How Many Points are on My License Ohio

Any driver’s license suspension that gets imposed in Ohio applies to each type of license a driver holds. This means that losing your own personal license to a 12-point suspension will also cost you your CDL. While limited driving privileges can be retained while under suspension, no one can operate a commercial vehicle while his or her Ohio-issued CDL is suspended. As a consequence, getting your license suspended often translates into losing one’s job.

How Ohio Assesses Penalty Points

Pleading guilty to, or being found guilty of, one of traffic violations or crimes listed below places points on your license.

Traffic Violation Points
Operating a Vehicle While Intoxicated (OVI)/Drunk or Drugged Driving 6
Hit-Skip/Leave Scene/Hit and Run 6
Driving With a Suspended or Revoked License 6
Drag Racing/Street Racing 6
Fleeing an Accident Scene/Eluding an Officer or Traffic Stop 6
Vehicular Assault 6
Driving Without a Vehicle Owner’s Consent 6
Vehicular Homicide 6
Reckless Operation/Reckless Driving 4
Operating a Vehicle After Underage Alcohol Consumption/Underage DUI 4
Speeding by 30 mph Over Limit 4
Speeding in a Commercial Vehicle 4
Running a Stop Sign 2
Dropping Items on a Highway/Unsecured Load 2
Disobeying or Interfering With an Officer’s Order 2
Disregarding a Traffic Light 2
Railroad Crossing Violation 2
Disregarding Traffic Signs 2
Hit-Skip on Private Property 2
Driving While Not Carrying Your License 2
Prohibited U-Turn 2
Speeding 2
Slow Speed 2
Following Too Closely 2
Driving the Wrong Way on a One-Way Street 2
Driving Left of Center 2
Crossing a Yellow Line 2
Failure to Yield to a Pedestrian or Blind Person 2
Failure to Yield to an Emergency Vehicle or Funeral Procession 2
Failure to Stay Within Marked Lanes 2
Failure to Yield Right of Way 2
Improper Passing 2
Stopped School Bus Violation 2
Failing to Maintain Assured Clear Distance 2
Improper Backing 2
Driving on a Closed Highway 2
Failing to Signal a Turn or Lane Change 2
Failing to Maintain Control 2
Physical Control (Alcohol-Related) 2
Driving on a Temporary Permit Without an Adult in the Vehicle 2
Curfew Violation While on Temporary Permit 2
Failing to Use Child Restraint 2

How Long Do Points Stay on Your License in Ohio?

Each set of points stays on the penalized driver’s Ohio BMV record for two years. The record is public information, like a criminal or arrest record. Insurance companies and employers will be able to access it if they want. Also, penalty points assessed against out-of-state drivers often transfer back to the person’s home state.

Can You Remove Penalty Points From Your Ohio Driving Record?

How to get points off your license in Ohio? There is no sure way to remove points from your driving record in Ohio aside from requesting a court to reopen already resolved cases.  The BMV will allow a two point extension on your Ohio driver’s license following successful completion of a state-sanctioned remedial driving course (allowing for 14 points prior to suspension). Drivers can only enroll in such a course once every three years, and only five times over their lifetime.

How Can You Appeal a 12-Point License Suspension?

Drivers can work with a Columbus, Ohio traffic violations lawyer to appeal a points suspension within a short period of time after notice of the suspension is sent from the BMV. It is very important to have your current address on file with the BMV so you can receive notice of potential suspensions.

What Is Required to Reinstate a Suspended Ohio Driver’s License?

Drivers who lose their license to a 12-point suspension must apply to the BMV for reinstatement by paying an extra fee, taking a remedial driving course, obtaining a proof of SR-22 insurance establishng full insurance coverage for the following 3 years, and retaking the complete licensing exam. Having a CDL reinstated can also require passing the full battery of tests and repaying the testing fees.

The best way to avoid a 12-point license suspension is to keep points off your license from the beginning. Contest every ticket as though your license depends on it. To discuss options for challenging a traffic ticket for speeding, driving under suspension, or even drunk driving, call The Maher Law Firm at (614) 205-2208. You can also reach out to a Columbus, OH, traffic violations lawyer by filling out this contact form.

  • 2016-09-19
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How Multiple DUI Offenses Can Stack Up Against You

Receiving a first conviction related to driving under the influence of alcohol or drugs increases your risk for subsequent DUI-related convictions. The cycle can be difficult to break because the increasingly harsh penalties for multiple DUIs leave people with fewer options to avoid suspicion and to exercise their rights to avoid incriminating themselves. These realities make working with an experienced Columbus, Ohio, multiple DUI offense attorney essential to avoiding an initial conviction.

  • 2016-09-13
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