Criminal Defense
DUI/OVI Defense
If a person with an Ohio driver’s license is convicted of DUI (or DWI, OMVI, etc.) in another state, the person’s Ohio driver’s license is suspended for six months. The person may appeal the suspension and/or request limited driving privileges. If your Ohio driver’s license is suspended for an out-of-state DUI conviction, you may benefit from representation by a lawyer with experience representing clients for these types of suspensions.
The lawyers at the Dominy Law firm have experience representing clients for out-of-state DUI suspensions. The focus of our firm is DUI/OVI defense. Our lawyers know the laws related to these types of suspensions and are familiar with the process for appealing the suspensions and requesting limited driving privileges. We represent clients in central Ohio counties, and those counties are listed at the end of this page.
How the Information is Received by Ohio
Ohio is a member of the Interstate Driver License Compact. Nearly all states are now members of the Compact. If you are convicted of a DUI in another state, and if that state is a member of the Compact, that state sends details of the conviction to the Ohio Bureau of Motor Vehicles (BMV). States also transmit conviction information to the National Driver Registry, so it is possible the Ohio BMV could obtain the conviction information from the Registry.
Notice Issued by the Ohio BMV
When the Ohio BMV receives information that you were convicted of DUI in another state, the BMV issues you a Notice of Suspension by U.S. mail. The notice tells you that your Ohio driver’s will be suspended due to the out-of-state DUI conviction, and the notice provides the beginning and ending dates of the suspension. The suspension begins 21 days after the date the notice is mailed.
Ohio BMV Appeal
There are two ways to appeal an out-of-state DUI suspension. The first way is to appeal the suspension and request an adjudicatory hearing with the Ohio BMV. You must file the appeal with the BMV within 21 days of the date the Notice of Suspension is mailed by the BMV. At the adjudicatory hearing, or in a written brief, you or your lawyer can present evidence to the BMV regarding why the suspension should not be imposed. The BMV does not have the authority to grant limited driving privileges on the suspension.
Municipal Court Appeal and Driving Privileges Request
If you are seeking limited driving privileges on an out-of-state DUI suspension, you must file a petition in the municipal court in whose jurisdiction you reside. When you file a petition for limited driving privileges, the municipal court is then given jurisdiction to “adjudicate all issues and appeals regarding that driver’s license matter”. This means you can also appeal the suspension in the municipal court when you request driving privileges.
The court will schedule a hearing before a judge or magistrate, and you must attend the hearing. At the hearing, you or your lawyer will provide evidence supporting your appeal and/or request for driving privileges. There are limited bases for appealing the suspension. However, appealing the suspension may lead to termination of the suspension or reduction of the suspension length.
Limited Driving Privileges
Courts are authorized to grant driving privileges for limited purposes. Those purposes are listed in section 4510.021 of the Ohio Revised Code. The extent of the privileges you receive depends partly on your driving needs and partly on the judge or magistrate who issues the privileges. Some judicial officers grant broader privileges than others. Some will also grant unlimited driving privileges on the condition you only operate a vehicle equipped with an ignition interlock device. All will require a waiting period before the privileges are effective.
Hiring a Lawyer
If you intend to appeal your out-of-state DUI conviction and/or petition for limited driving privileges, you may want to hire a lawyer. The process may not require brilliant legal work, but there are particular requirements for the petition/appeal and a particular process for the hearing.
If you decide to hire a lawyer, the Dominy Law Firm can help. DUI/OVI is the primary focus of our practice, and our lawyers have experience representing clients for out-of-state DUI suspensions. To schedule a free phone consultation with one of our lawyers, please submit a CONTACT FORM or call our office at 614-717-1177.
Counties in Which We Practice
The Dominy Law Firm represents clients for out-of-state DUI convictions in the following counties: