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If you just received a DUI, you can't afford not to call:
216-857-3001

 Ohio's DUS Law

Scales of JusticeDriving Under
a License Suspension
R.C. §4507.02

There are just over 7 million licensed drivers in the State of Ohio.  Amazingly, the State will suspend the driver's licenses of over 17,000 individuals each week, for a yearly total of over 884,000 license suspensions per year (over 12.6% of the State's total driver licensed population).  Because of the reckless abandon with which Ohio suspends its citizens' drivers' licenses, this traffic offense impacts doctors, lawyers and judges just as frequently as laborers, housewives and students.  The offense of DUS recognizes no social or economic boundaries.

The following are some of the causes for obtaining a driver's license suspension in Ohio.  Understand that each suspension has a different set of complex conditions for the return of a valid driver's license with full driving privileges.

    1. Receiving 12 Points Within Two Years
    2. Reckless Operation
    3. Anabolic Steroid Use/Distribution
    4. Lying in Applying for a License
    5. Using Vehicle to Commit a Felony
    6. Hit & Skip
    7. Drag Racing
    8. Fleeing & Eluding Police
    9. Trafficking in Cigarettes
    10. Agg. & Vehic. Homicide, & Agg. Vehic. Assault
    11. Solicitation for Prostitution
    12. Abusing Harmful Intoxicants
    13. Cultivation of Marijuana
    14. Deception to Obtain Dangerous Drugs
    15. Habitual Truant/High School Dropout]
    16. Driving Under an F.R.A. Suspension
    17. Driving In Violation of License Restrictions
    18. Driving Without Paying DUI Reinstatement Fees
    19. Driving Under a Non Otherwise Specified Suspension
    20. Driving Under a DUI Suspension or Beyond Privileges
    21. Drug Abuse Instruments
    22. Endangering Children
    23. Failure to Stop for a School Bus
    24. Failure to Appear/Satisfy Judgment
    25. Trafficking in Harmful Intoxicants
    26. Dispensing of Drug Samples
    27. Illegal Processing of Drug Documents
    28. Underage Violation of Liquor Laws
    29. Violation of Juvenile License Probationary Period
    30. Juvenile Adjudication for Drug Related Offense
    31. Mentally Ill/Incompetent Person
    32. Permitting Drug Abuse
    33. Counterfeit Controlled Substance
    34. Corrupting Another With Drugs
    35. Trafficking in Drugs
    36. Causing Death While Fleeing Police
    37. Failure to Appear/Satisfy Judgment
    38. Commercial Driver DUI Offender
    39. Committing Felony in a Commercial Vehicle
    40. Commercial Driver Serious Traffic Offender
    41. Commercial Driver Implied Consent
    42. Alteration of Operator's License
    43. Drug Paraphernalia
    44. Drug Abuse
    45. Medical Condition
    46. Being an Alcoholic or a Drug Addict
    47. Juvenile Adjudication for Drug Related Offense
    48. Mental/Physical Disability Affecting Ability To Drive
    49. Being Unable to Understand Traffic Signs
    50. Having an Out-of-State License Suspension
    51. Judgment Resulting From Auto Accident
    52. Failing to Provide Security Following Accident
    53. National Driver Registry
    54. Drug Offense Conviction
    55. Underage DUI Conviction
    56. Driving While Under a Previous DUI Suspension
    57. Being Adjudicated an Unruly Child
    58. Being Adjudicated a Delinquent Child
    59. Being Adjudicate a Juvenile Traffic Offender
    60. Child Support Default for a Commercial Driver
    61. Child Support Default for a Non-Commercial Driver
    62. DUI Conviction
    63. FRA Suspension
    64. Nonresident Violator Compact

While there are many ways of acquiring a driver's license suspension, there are fewer ways of being criminally charged with a violation of DUS.  They are as follows:

DUS Violation Offense Name

Driving Under a Financial Responsibility Act Suspension (FRA).

Driving in Violation of You Operator's License Restrictions.

Driving Without Paying a DUI Reinstatement Fee.

Driving Under a Suspension (for reasons other than an FRA).

Driving Under DUI Suspension/Beyond Granted Privileges.

As can be seen from the graphs below, the consequences of merely being arrested, let alone convicted of DUS are staggering.  The towing and impoundment fees alone can easily exceed $500.  And these fees are independent of, and in addition to, the criminal fine of up to $1,000, plus up to one year jail time.

Penalties for Driving Under an FRA Suspension
[violation of R.C. §4507.02(B)(1)1]

Penalty/
Condition

1st Offense
 w/in5 years
2

2nd Offense
 w/in5 years
2

3rd & subsequent offense w/in
 5 years
2

Jail

0  -
180 days

0  -
180 days

0  -
180 days

Fine

$0 -  $1,000

$0 -  $1,000

$0 -  $1,000

License suspension

0 - 1 year

0 - 1 year

0 - 1 year

 Occupational driving privileges

No hard time requird

No hard time required

 No hard time required

Immediate Vehicle Seizure3

Yes

Yes

Yes

Immobilization of vehicle4

30 days

60 days

N/A

Impoundment of plates7

30 days

60 days

N/A

Forfeiture of vehicle7

No

No

Yes

1  Or a similar municipal ordinance. R.C §4507.361.

2  For a violation of R.C. §4507.02(B)(1).  Previous convictions for other types/forms of DUS offenses do not accumulate.

3  Only if the vehicle is owned by the driver.

4  Impoundment, Immobilization and Forfeiture are mandatory. R.C. §4507.99(E).  Also, the trial court may impound the plates of all other vehicles registered to the offender. R.C. §4507.164.

 

Penalties for Driving Under a DUI Suspension
[violation of R.C. §4507.02(D)(2)1]

Penalty/
Condition

1st Offense
 w/in5 years
2

2nd Offense
 w/in5 years
2

3rd & subsequent offense
 w/in 5 years
2

Jail

3 days - 180 days6

10 days - 1 year7

30 days - 1 year8

Fine

$250 - $500

$500 - $2,500

$500 - $2,500

License suspension3

0 - 1 year

0 - 1 year

0 - 1 year

 Occupational driving privileges

No hard time requird

No hard time requird

 No hard time requird

Immediate Vehicle Seizure4

Yes

Yes

Yes

Immobilization of vehicle5

30 days

60 days

N/A

Impoundment of plates5

30 days

60 days

N/A

Forfeiture of vehicle5

No

No

No

1  Or a similar municipal ordinance. R.C §4507.361.

2  For a violation of R.C. §4507.02(D)(2) or a substantially similar municipal ordinance.  Previous convictions for other types of DUS offenses do not accumulate.

3  Some suspension is mandatory, but could be for only one day. R.C. §4507.99(B)(4).

4  Only if the vehicle is owned by the driver.

5  Impoundment, Immobilization and Forfeiture are mandatory. R.C. §4507.99(E).  Also, the trial court may impound the plates of all other vehicles registered to the offender. R.C. §4507.164.

6  Or may impose 30 up to 180 days of electronically monitored house arrest (EMHA). R.C. §4507.99(B)(1). Any EMHA only after a finding, entered on the record, that within 60 days there will be no room for the offender to begin serving his time. R.C. §4507.99(B)(6).

7  Or may impose 90 days up to one year EMHA. R.C. §4507.99(B)(2).

8  No EMHA allowed. R.C. §4507.99(B)(3).


 

Proverb
 

Copyright © 2005 Timothy J. Kucharski

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