Ohio is one of many states that is taking a stand against DUI (drinking while under the influence of alcohol or drugs). Enforcement of laws is going to make it harder for a drunk driver to get away with his/her crime.
Yet, in 2004, 492 deaths accorded on an Ohio roadway or highway as a result of consumption of alcohol or drugs. That number is still too high and the Ohio officers will not rest until that number is zero.
In every major Ohio City and even some of the smaller towns, road blocks are set up to catch these drunk drivers. The road blocks are even more in number during what is considered a major drinking holiday. These road blocks do catch people.
Ohio Law also is stiff, hoping to stop a drunk driver before he gets behind the wheel. The following is a summary of the laws concerning DUI violations.
First, it is law that if an officer stops you and asks you to take a sobriety test, you must take it. If you refuse, the officer can automatically take your driver’s license from you on the spot and the suspension will start immediately. You also will loose your license on the spot if you fail the test.
Suspension periods for refusing to take a sobriety test can run anywhere from 90 days to 5 years depending on if you had any previous offenses.
The following is a summary of what a person can expect to receive according to what number of offense this is.
First offense:
If you refuse the sobriety test you can loose your driver’s license up to one year.
Jail time is a minimum of three consecutive days or a 3 day driver intervention program.
Fine: $200 up to $1,000
Court License Suspension is 6 months to 3 years.
Second Offense:
Two years license suspension if you refuse to take the sobriety test.
Jail time could be either 10 consecutive days or 5 days in jail and a minimum of 18 days of electronically monitored house arrest.
Fine: $300 to $1,500
Court License Suspension one year to 5 years.
Driver’s intervention program
Vehicle immobilization and plates impounded for 90 days.
Third Offense:
Three years license suspension if you refuse to take the sobriety test.
Jail time could be either 30 consecutive days to one year in jail or an alternate sentence of 15 days of jail time plus a minimum of 55 consecutive days of electronically monitored house arrest.
Fine: $500 to $2,500
Court License Suspension 1 year to 10 years.
Mandatory attendance in an alcohol treatment program paid by the offender.
Vehicle immobilization and plates impounded for 180 days.
Fourth or more Offense:
Five years license suspension if you refuse to take the sobriety test.
Jail time could be either 60 consecutive days to one year
Fine: $750 to $10,500
Court License Suspension 3 year to permanent revocation
Mandatory attendance in an alcohol treatment program paid by the offender.
Vehicle forfeiture. Mandatory criminal forfeiture of vehicle operated by offender imposed by court.
Ohio does have an appeal process and rules that the court must follow concerning DUI’s. The first rule is that a license suspension hearing has to be held within 5 days of a DUI arrest.
The next four rules are confined to 4 issues.
1.Was the arrest based on reasonable grounds?
2. Did the officer request the person to take a sobriety test?
3.Was the violator made aware of the consequences if he/she refuses or fails the sobriety test?
4.Did the person fail or refuse the test?
As you can see, Ohio is serious about stopping drunk driving. Yet, other Ohio drivers can do there part to help.
Do not allow a person to drink and drive. Take the keys away from them, if you can. If you are driving and seeing another driver swerving and driving in a reckless manner call your local police department immediately.
If we all do our part, we can make Ohio roadways safer.
