A first offense DUI in Ohio has the following penalties:

ALS (Administative License Suspension) for test refusal = one year license suspension.  ALS for a prohibited BAC (Blood Alcohol Content) = 90 day license suspension.

Jail – Minimum of three consecutive days or 3-day driver intervention program.  Fine – Minimum $375 and not more than $1,075.

Court License Suspension – 6 months to 3 years, ignition interlock device may be ordered by the Court.  Up to 5 years on probation. 

If there was a high tier BAC result, an additional 3 days in jail and restricted license plates.  These are very serious penalties.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties - give our office a call at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and TWO FORMER PROSECUTORS to work….for you!

The Court maintains jurisdiction over you with a period of probation.  This means they can impose any jail time or fines that were initially suspended for a violation of the terms and conditions of your sentence or probation.

You can hire an attorney to mitigate your sentence if you pay the fines and costs, go to the intervention program, and stay out of trouble for a period of time.  This has a good chance of success if done six months after sentencing on a first offense.

Probation is the way the Court makes sure you comply with the sentence.  If you have done everything it shows the Court that you do not need further looking after.

Granting a motion for mitigation is discretionary.  However, if granted, it means that you are no longer under the authority of the Court.

This should be a reward for good behavior for someone who can show the Court they will not get in trouble again.  It will also have the added bonus of removing you from any risk of suspended jail time or fines that that can be imposed if you get in trouble again.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties - give our office a call at 513.333.0014….24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a former police officer and two former prosecutors to work….for you!

The law in Ohio provides for limited driving privileges when you are under a suspension for a DUI.  You are eligible for privileges after any hard suspension time.

Once eligible, you can get privileges for the following reasons:  Occupational, Educational, Medical, and Vocational.

Part 4 of this blog series is devoted to clients who ask about whether they can get privileges for vocational reasons.  Privileges are given at the discretion of the Judge and there is no right to them. 

Privileges for vocational reasons will be granted on a case by case basis.  First though, we need to analyze what they are since this is a grey area in most Judges’ minds.

Black’s Law dictionary defines “vocation” as a person’s calling, business, occupation, or profession.  This does not give much guidance since we already know we can get privileges for occupational reasons.

 Merriam Webster’s online dictionary defines “vocational” as training in a skill or trade to be pursued as a career.  They define “vocation” as a divine call to the religious life, the work in which a person is employed, or a particular occupation. 

 This still does not help us fully understand what vocational privileges are more than something between a job, training for a job, and a calling wherein the person devotes time to something that does not necessarily result in income.

 My common advice to people is that it can be used for things that you do other than your job that is a benefit to the community.  Say for instance, volunteering at your local hospital, coaching, job training, etc.

 As with all privileges, they are discretionary.  The more a Judge finds the idea a benefit to other people, the more likely that they will be granted.  Understand that the more you stray from the common privileges for your job, school, and medical necessity, the less likely they are to be granted.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties - give our office a call at 513.333.0014….24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a former police officer and two former prosecutors to work….for you!

The law in Ohio provides for limited driving privileges when you are under a suspension for a DUI.  You are eligible for privileges after any hard suspension time.

Once elligible, you can get privileges for the following reasons:  Occupational, Educational, Medical, and Vocational.

A common questions my clients ask is whether they can get privileges to go look for a job.  I tell them that it is an occupational reason and we can ask.

Privileges are given at the discretion of the Judge and there is no right to them.  My experience is that a Magistrate will not grant this.

Privileges to look for a job will be granted sometimes depending on the Judge.  If granted they will most likely only be during regular business hours 9-5 Monday to Friday.

It is more of a sure thing to get privileges, even ones that are very broad in scope if you can show actual employment.  But, I tell all my client’s that we can ask for whatever you want, and all the Judge can say in no.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties - give our office a call at 513.333.0014….24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a former police officer and two former prosecutors to work….for you!

Proof of insurance can be shown to the Officer or the Court.  Failure to do so will cause the Court to report this to the BMV. 

The BMV will send you a notice of suspension unless you prove you had insurance at the time you were pulled over.  They will give you a few weeks to do this.

Failure to do so will subject you to a non-compliance suspension.  You should contact your lawyer immediately upon receiving this letter for advise on the right to file an appeal and address the issue of driving privileges.

And remember, if you or a family member has been arrested for DUI in the Greater Cincinnati- and that includes Butler, Warren and Clermont Counties as well – give our office a call at 513.333.0014….24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a former police officer and former prosecutors to work….for you.

The Judge said that he waived your reinstatement fee when he terminated the administrative license suspension (ALS), but the BMV still says that you have to pay it, what happened?

When you are convicted of a DUI first offense in six years and placed under a 6 month to 3 year suspension it will automatically terminate the administrative suspension.  It will also cancel the the required fee. 

The fee for a DUI suspension; however, is also $475 if you were convicted on or after 9/30/08.  The only time that waiving the ALS fee is a benefit is when we are able to beat the DUI or it is amended to something other than an OVI.

And remember, if you or a family member has been arrested for DUI in the Greater Cincinnati- and that includes Butler, Warren and Clermont Counties as well – give our office a call at 513.333.0014….24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a former police officer and two former prosecutors to work….for you.

Say you have a commercial driver’s license, or CDL for short, and the Judge allows you to have driving privileges with an ignition interlock device.  If you go to the BMV, they will tell you that they cannot give you the interlock license without cancelling all the endorsements on your CDL.  Is this some mistake?

No.  The Ohio BMV regulations require that any prior endorsements be cancelled upon issuance of the interlock license.  This is because it is a separate license and incapable of having any endorsements (like motorcycle or CDL) attached to it.

Your only option is to get the Judge, if it is discretionary, to remove the interlock restriction from your limited privileges.  An alternative would be to suggest to the Judge that you can submit to random urine screens. 

If the requirement is mandatory, you only have the option of winning on appeal of the suspension, not driving for the period of the suspension, or cancelling your endorsements.  Once the interlock license is no longer a requirement, if otherwise eligible, you can reapply for a new CDL.

You will be required to comply with all retesting requirements.  Note, the law does not allow a Judge in Ohio to grant you CDL privileges during any period of a CDL suspension or disqualification to operate a commercial vehicle.

You may be able to get privileges to drive a personal vehicle though.  Remember, there is no right to drive in Ohio and all limited privileges are subject to the Court’s discretion.

And remember, if you or a family member has been arrested for DUI in the Greater Cincinnati- and that includes Butler, Warren and Clermont Counties as well – give our office a call at 513.333.0014….24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a former police officer and former prosecutors to work….for you.

Most DUI arrests result in an administrative suspension from the BMV.  The suspension will last for at least 90 days.

You can also drive if the court allows you limited privileges.  The Judge can require special plates or ignition interlock when granting limited driving privileges.

You can obtain limited privileges for work, educational, medical, and vocational reasons.  You will of course need to show insurance for the day you were driving and the day you ask for privileges.

Now, assume that the Judge grants you privileges, but only with interlock.  What is it and what do you do?

Ignition Interlock is a device installed on a car that tests for alcohol by breath sample.  It also records the results. 

There are several companies in Hamilton County alone that offer this service.  The average price of installation is $50. 

Check with your local probation department for coupons for free install.  There is also an option to buy insurance for the units. 

The monthly fees vary by provider.  They range from $45 up to $81.25 a month.

You will need to take the privileges letter from the Judge to the BMV regional reinstatement center, which in the Cincinnati area is located at 10948 Hamilton Ave.

They can issue you an interlock license.  However, it can take up to two weeks for the BMV to receive the administrative/DUI suspension information from the Police or Court that imposed the suspension.

Once you have the interlock license you will call Probation.  Probation will schedule you a time to have the device installed in your car.

The device does not test for drugs.  Prior drug convictions might prevent you from obtaining limited driving privileges.

For more information you can go to the following websites:  guardianinterlock.com, lifesaferinterlock.com, and smartstartinc.com.

If you need help with a DUI arrest in Cincinnati or an upcoming court appearance in Hamilton, Butler, Warren or Clermont Counties on a DUI charge, call our 24 Hour Emergency Number at 513.333.0014 to get professional help