As an Ohio lawyer representing clients for DUI (called ‘OVI’ in Ohio), I am often asked what happens when an Ohio resident is convicted of DUI in another state. This article explains the Ohio consequences and how to appeal them.
Notice from Ohio BMV
When an Ohio resident is convicted of DUI in another state, the other state transmits a report of the conviction to the Ohio Bureau of Motor Vehicles (BMV). The BMV sends the person a notice by U.S. mail. The notice informs the person that their Ohio driver’s license will be suspended.
According to Ohio Revised Code section 4510.17(B), the suspension lasts for six months, or until any suspension imposed by the convicting state ends, whichever is earlier. The suspension takes effect 21 days from the date of the notice.
Appealing the Suspension Through the BMV
To appeal the driver’s license suspension for an out-of-state DUI, a person must file a Notice of Appeal within 21 days of the date of the notice. Filing a Notice of Appeal does not stay the driver’s license suspension, so it will begin on the specified date, even if the suspension is appealed through the BMV.
The BMV must hold a hearing within 45 days of receiving the Notice of Appeal. At the hearing, the only issues are: (1) whether the person was convicted of DUI in another state, (2) whether the other state’s DUI statute is substantially similar to Ohio’s OVI statute, and (3) when the suspension ends. The BMV does not grant limited driving privileges on the suspension. If the person chooses, he or she can appeal the BMV’s decision to the Common Pleas Court of the county in which the person resides.
Appealing the Suspension Through a Municipal Court
If a person wants limited driving privileges, the person should file a petition in the municipal court in whose jurisdiction the person resides. The petition is filed pursuant to Ohio Revised Code section 4510.17(E). According to Ohio Revised Code section 4510.73(D), the municipal court is authorized to issue a stay of the suspension pending resolution of the matter.
When a person petitions for limited driving privileges in a municipal court, the person can also appeal the driver’s license suspension pursuant to Ohio Revised Code section 4510.73(B). That statute says, after the petition is filed, the court is, “conferred concurrent jurisdiction to adjudicate all issues and appeals regarding that driver’s license matter, including issues of validity, suspension, and, with regard to any suspension imposed by the bureau of motor vehicles, driving privileges.”
The municipal court schedules a hearing on the petition for limited driving privileges and the appeal of the driver’s license suspension. At the hearing, the issues are: (1) whether the person was convicted of DUI in another state, (2) whether the other state’s DUI statute is substantially similar to Ohio’s OVI statute, (3) when the suspension ends, and (4) what driving privileges will be granted if the suspension is valid. If the person chooses, he or she can appeal the municipal court’s decision to the court of appeals with jurisdiction in that region.
Conclusion
An Ohio resident who is convicted of DUI in another state will likely receive a suspension of their Ohio driver’s license. If that person wants to obtain limited driving privileges and/or appeal the suspension, they must do so within 21 days of the suspension notice from the BMV. The appeal of the suspension and petition for limited driving privileges may be done with or without the assistance of an Ohio OVI lawyer.
