Articles Posted in DUI/OVI sentencing/penalties

Gun-in-Car-300x210Muhammad Wilkerson, former defensive end for the New York Jets, was arrested for Operating a Vehicle under the Influence and Unlawful Possession of a Loaded handgun.  Wilkerson’s arrest occurred in New Jersey.  If Wilkerson were arrested for these offenses in Ohio, he would be charged with OVI and Improperly Handling Firearms in a Motor Vehicle.  This article describes the elements, court process, and potential penalties for these offenses in Ohio.

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Employee-Handbook-300x186Following his recent arrest for DUI (called ‘OVI’ in Ohio), Bob Huggins resigned from his position as the men’s basketball coach at West Virginia University.  His situation is illustrative of many high-profile individuals who have lost jobs due to a DUI/OVI.  But it is not only high-profile individuals who face employment consequences for OVI cases.  We are frequently asked the following questions about OVI cases and employment.

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DUI-Law-Book-300x200According to a story by NBC4i, the Ohio State Highway Patrol reports that 30% of DUI arrests (called ‘OVI’ in Ohio’) come from repeat offenders.  In Ohio, the mandatory OVI penalties increase with every conviction in ten-years (called the ‘lookback period’).  Those penalties include vehicle sanctions, license suspensions, incarceration, and other consequences.

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License-plate-of-trooper-cruiserThe special license plates for DUI offenders are commonly referred to as “party plates” and “family plates”.  The official term in Ohio is “restricted license plates”.  Whatever you call them, nobody wants them.  In Ohio, the plates are yellow with red lettering, and they signal to everybody the driver of that vehicle was convicted of DUI (called ‘OVI’ in Ohio).  This article explains when the plates are required, how they are obtained, and possible penalties for restricted plate violations.

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Ranking-Poor-to-Great-300x200Everything gets ranked these days, including sports teams, colleges, students, lawyers, vacations, and products. For products, you can find lists of everything from the best weight-loss pills to the best vacuum cleaners.  Neither of those is recommended as a gift, by the way, even though it is the holiday season.  And because it is the holiday season, one thing being ranked is drunk driving rates.  A recent Forbes article compares the rates among the 50 states and D.C.

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Car-loaded-into-moving-van-300x205Back in 1791, when the 8th Constitutional Amendment was ratified, the Framers of the Constitution decided there should be limits on financial sanctions for criminal behavior.  Accordingly, the 8th Amendment prohibits ‘excessive fines’.  Courts have interpreted the Constitutional prohibition of excessive fines to apply to forfeiture of property in criminal cases.  The Ohio Supreme Court recently held that forfeiture of a $31,000 vehicle for a repeat DUI conviction (called ‘OVI’ in Ohio) does not violate the Excessive Fines Clause of the 8th Amendment.

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Ignition-interlock-in-use-300x200From the 2008 Lindsay Lohan stories to the 2022 news reports about Paul Pelosi’s DUI conviction, the past 14 years have shown a dramatic increase in the use of ignition interlock devices (IIDs) for individuals charged with DUI (called ‘OVI’ in Ohio).  A recent report by Coherent Market Insights indicates IIDs in North America will be a $68.5 million industry by 2027.  In Ohio, the increased use of IIDs is due, in part, to Annie’s Law.  IIDs may be an effective method of preventing OVI, but they do have drawbacks.

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Judge-and-Gavel-300x200Suppose a person is charged with DUI (called ‘OVI’ in Ohio) and that person previously refused an alcohol/drug test when arrested for OVI.  Can that person’s sentence be enhanced for the current OVI based on the prior refusal?  This question was recently addressed by the Wisconsin Supreme Court.  In Ohio, this question is addressed in the Ohio OVI statutes.  The Ohio OVI statutes are nuanced and do provide consequences for prior convictions and test refusals.

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Hotel-Meeting-Room-Empty-300x190Most people charged with a first-offense DUI (called ‘OVI’ in Ohio) are not aware of the possible consequences.  When someone in that situation learns the sentence for a first OVI conviction in Ohio includes a mandatory minimum jail term of three days, it can be frightening.  However, judges are authorized to substitute a three-day driver intervention program (DIP) in place of three days in jail.  This article provides details about DIPs in OH.

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Passed-out-in-car-2-300x200The recent arrest of former U.S. Women’s Soccer goalie Hope Solo resulted in significant media coverage.  As articles like this one from CNN reported, Solo was charged in North Carolina with DWI and Child Abuse.  What North Carolina calls ‘DWI’, Ohio calls ‘OVI’.  What North Carolina calls ‘Child Abuse’, Ohio calls ‘Child Endangering’.  Solo’s reported incident illustrates what happens when a driver is accused of being under the influence with children in the vehicle.
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