Columbus Criminal Defense Blog

Ohio DUI Habitual Offender Suspensions

11-20-2006

Ohio driver's license laws forbid the issuance of a driver's license to, or the retention of a license by, a person who is "alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety" (Ohio R.C. 4507.08(D)(1).

So, who are these people? People convicted of Ohio DUI / Ohio OVI 3 or more times in the preceding 3 years.  Also, and less known by many lawyers, is when a person gets convicted 3 or more times in a 3 year period of any traffic violation that alcohol or controlled substances was a contributing factor.

Once the "Habitual Offender Suspension" is triggered, it is extremely difficult to get lifted.  The Ohio BMV has a team of employees working the "Special Case / Medical Unit" that monitor driving records of Ohio licensees.  This unit is also responsible for ensuring that Habitual Offenders complete a treatment / rehabilitation program after the date of the last Ohio DUI / Ohio OVI. Also, this unit makes sure the following reinstatement steps are met:

1. BMV Form 2326 must be completed by a license physician, licensed psychologist, or a certified alcoholism counselor (CCDCII, CCDC III, or National Certified).

2. This person must vouch for the offender's successful completion of the rehabilitation program and continous sobriety for at least 6 months AFTER completing the program.

3. BMV Form 2326 must be returned to the Ohio BMV within 90 days of it being completed.

4. Once this form is completed and submitted, the Special Case / Medical Unit will review all the information and make a decision about lifting the Habitual Offender Suspension.

5. If, however, within 1 year from the date of restoration th e offender gets convicted of another DUI the suspension will be reinstated.

Categories: DUI