Criminal Defense
DUI/OVI Defense
A: If a person with an Ohio driver license is convicted of DUI/OVI in Ohio, six points are assessed to the person’s Ohio driver license.
A: The points system is operated by the Ohio Bureau of Motor Vehicles (BMV). When a person with an Ohio driver license is convicted in Ohio of a moving traffic offense (and certain criminal offenses), the court assesses points for the offense. The court then records the points on a BMV form and transmits the form to the BMV. The BMV maintains records of convictions, and points assessed for those convictions, for all persons with an Ohio driver license.
The number of points assessed for a particular offense is determined by Ohio law, and some offenses result in more points than others. For example, an OVI conviction results in six points being assessed while a Reckless Operation (on a street or highway) conviction results in four points being assessed. Ohio Revised Code section 4510.036 lists offenses and the associated number of points. For moving violations which are not specifically listed, two points are assessed.
If a person is convicted of two or more violations from the same incident, the court only assesses points for the violation which carries the highest number of points. For example, if a person is convicted of OVI (six points) and a Marked Lanes violation (two points), the court assesses six points.
A: If a person receives 12 (or more) points on their Ohio driver license within a two-year period, the Ohio Bureau of Motor Vehicles (BMV) suspends that person’s Ohio driver license for six months. To reinstate the driver license after a 12-point suspension, the person will need to pay a reinstatement fee, complete a remedial driving course, re-take the driver license exam, and file a certificate of insurance (SR-22).
A: There are ways to avoid or reduce points for an OVI in Ohio. If the OVI is dismissed, or if you are found Not Guilty, no points are assessed. If the OVI charge is reduced to a lesser offense, fewer points are assessed. For example, if the OVI charge is reduced to Reckless Operation (on a street or highway), four points are assessed instead of six points. If the OVI charge is reduced to Physical Control Under the Influence, no points are assessed because Physical Control is a non-moving violation.
A: In addition to the six points, OVI convictions carry mandatory penalties. For a first offense, those mandatory penalties include a driver license suspension, a jail term, and a fine. In addition to the mandatory penalties, there are optional penalties which include probation, substance abuse counseling, yellow license plates, and ignition interlock. For additional convictions within a ten year period, the penalties increase.
At the Dominy Law Firm, we represent clients who are concerned about driver license points and the other consequences of an OVI conviction. We know that being charged with OVI can be the source of anxiety, and we can help. The focus of our firm is OVI defense, and we represent clients in Columbus and the central Ohio area. If you have an OVI case in central Ohio and would like to schedule a free phone consultation to discuss representation, please submit a CONTACT FORM or call our office at 614-717-1177.