Sometimes, when people go on vacation, spring break, etc., the person will be charged with DUI in the state they were visiting. While a conviction will have consequences in that state, there are consequences in Ohio for a DUI conviction in another state.
If you are convicted of DUI in another state, your Ohio driver’s license will also be suspended. Another state cannot suspend your Ohio driver’s license. Instead, if the state is part of the Interstate Driver License Compact (only Massachusetts, Michigan, Wisconsin, Georgia, Tennessee and the District of Columbia are not part of this agreement), that state will notify the Ohio Bureau of Motor Vehicles (BMV) that you were convicted of DUI in the other state.
Ohio law dictates that the Ohio BMV must impose a license suspension on any person convicted of DUI in another state. Specifically, Ohio Revised Code 4510.17 states that the suspension shall be a Class D suspension, which means that your driver’s license suspension will be suspended for 6 months. However, this will not take immediate effect. When the Ohio BMV receives the report from the other state, the BMV must send notice to the driver indicating that his or her license will be suspended 21 days after the notice was issued.
This suspension can be appealed. If you receive the 21-day notice and want to appeal, you must file a notice of appeal before the license suspension is to begin. Once filed, the BMV is required to hold a hearing within 40 days of when the appeal was filed.
At the appeal hearing, you can seek one of three avenues: termination of the suspension, reduction of the duration of the suspension, or obtain limited driving privileges. To have the suspension terminated, you must demonstrate that you were not convicted of DUI in the other state or that the other state’s DUI offense is not substantial similar to Ohio’s OVI offense. To reduce the suspension’s duration, you must prove that the other state’s suspension ends before the Ohio suspension ends. Finally, limited driving privileges may be granted for employment, school and medical purposes. However, you will be required to take the driver’s license examination and attend a court-ordered treatment program.
So, how does this play out in practice. Let’s say that a college student goes to Florida on spring break. While there, the student is charged with DUI. The student, after securing legal representation, enters a guilty plea to the DUI charge and is sentenced to 3 days in jail, a $500 fine and a license suspension of 6 months. After paying the fine and serving the jail sentence, the student still faces a 6 months license suspension because the state of Florida will contact the Ohio BMV, which results in the suspension of the student’s Ohio driver’s license for 6 months.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced criminal defense attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.