According to the Ohio Department of Public Safety, 8,660 people were killed and 362,692 were injured in 445,349 alcohol-related crashes in Ohio from 1984 to 1998. This equates to an average of 577 deaths, over 24,100 injuries and over 29,600 crashes each year. During 1993, major reforms were enacted, making Ohio's drunk driving laws some of the toughest in the country, and additional legislation passed in 1996 aimed at repeat drunk driving offenders.

A key provision of this legislation is administrative license suspension, also known as ALS. Under Ohio DUI laws, which became effective September 1, 1993, any motorist stopped for drunk driving who refuses to take the sobriety test or whose test results exceed the legal limit of .10% Blood Alcohol Concentration (BAC) will have his/her license taken administratively on the spot, with suspension effective immediately. Depending on previous offenses, the ALS period can range from 90 days to five years.

On the criminal citation a court of law may also impose additional penalties or license suspension, at the judge's own discretion.

How ALS Works

If a person is stopped and arrested for driving under the influence of alcohol and either fails or refuses a blood alcohol or chemical test, the officer seizes the offender's drivers license on the spot, serves notice of suspension and sends the offender's drivers license to the Ohio Bureau of Motor Vehicles (BMV).

The period of time that the BMV administratively suspends the offender's driving privileges is shown in the chart below.

The offender can appeal the suspension orally at the initial court appearance, which is held within five days of arrest. At the hearing, the court addresses the following issues if an appeal is requested (the burden of proof is on the defendant):

• Did the law enforcement officer have probable cause to stop and test the accused person?
• Did the arresting officer request the accused to submit to a chemical test?
• Did the arresting officer inform the accused person of the consequences of refusing the test or submitting to the test?
• Did the accused person refuse to submit to the test or fail the test?

If the court answers all of the above questions with a "yes," then the court affirms the suspension. If the court answers any of the questions with a "no," then the court terminates the suspension and gives driving privileges back to the alleged offender. In addition, if the court determines the offender is a threat to public safety, even if the above questions are answered "no," the offender may receive a judicial suspension.

Depending on previous DUI offenses, fines can range from $200 to $10,000. Jail time ranges from three days to one year. Fines and jail sentences are as follows:

• First offense: Fine-$200 to $1,000; ALS for 90 days for .10% BAC or above; ALS for test refusal is one year license suspension; Jail-minimum of three consecutive days or three-day driver intervention program; Court license suspension is six months to three years
• Second offense: Fine-$300 to $1,500; ALS for one year for .10% BAC or above; ALS for test refusal is a two-year license suspension; Jail-minimum of 10 consecutive days or five days and minimum of 18 consecutive days of electronically monitored house arrest (EMHA), up to a maximum of six months; Discretionary driver's intervention program; Vehicle immobilization and plates impounded for 90 days; Court license suspension is one to five years
• Third offense: Fine-$500 to $2,500; ALS for two years for .10% BAC or above; ALS for test refusal is a three-year license suspension; Jail-minimum of 30 consecutive days to one year-Alternative sentence is 15 days of jail plus a minimum of 55 consecutive days of EMHA combined, up to a maximum of one year; Mandatory attendance in an alcohol treatment program paid for by offender; Vehicle immobilization and plates impounded for 180 days; Court license suspension is one to ten years
• Fourth offense or more or motor vehicle-related felony: Fine-$750 to $10,000; ALS for three years for .10% BAC or above; ALS for test refusal is a five-year license suspension; Jail-minimum of 60 consecutive days to one year; Mandatory drug/alcohol treatment program paid for by offender; Vehicle forfeiture-mandatory criminal forfeiture of vehicle operated by offender, imposed by the court; Court license suspension is three years to permanent revocation

When driving under a DUI suspension or driving under suspension without insurance/proof of financial responsibility, the court is authorized to order vehicle immobilization and impoundment of the license plates at the time of sentencing.

The penalties for such conduct, based on convictions within a five-year period, are:

• First offense: 30 days
• Second offense: 60 days
• Third offense: Forfeit vehicle

Note: For multiple DUI offenders under suspension, the court may also impound the plates of any other vehicle owned by the offender. Also, if forfeiture occurs, the offender cannot register or title any vehicle in his or her name for five years.

Ohio's newest drunk driving law, Senate Bill 166 (SB 166), went into effect on October 17, 1996. This law specifies that drunk drivers who are indicted on their fourth or subsequent offense within a six-year period will be charged as felons. This law is aimed at repeat offenders, cracking down on those who continue to drink and drive.

In addition to fines and vehicle forfeiture, which are part of current DUI laws, SB 166 requires local incarceration of 60 days and a $10,000 fine for fourth-time offenders. Drivers convicted of five or more DUIs will receive prison terms of six to 18 months. Another provision of the new law requires the Department of Rehabilitation and Correction to establish "Intensive Program Prisons," which will provide treatment for alcoholism to certain offenders while serving their prison terms.

In July, 1996 the Ohio Supreme Court upheld the constitutionality of the Administrative License Suspension (ALS) portion of Ohio's drunk driving law, which allows for the immediate suspension of the license of a person stopped for drunk driving and either refusing to take a blood alcohol content test or taking the test and failing.

However, the court voided a provision of the drunk driving law that permitted the state to seize the vehicle without a prior hearing when the driver was not the owner.

Two bills were introduced this session that could impact current DUI law. At press time, both had been voted out of committee, but neither had been signed into law by the Governor.

• SB 22 (Johnson)-Doubles the minimum jail time for drunk drivers with a 0.17% BAC level. A first time offender's minimum jail stay would jump from three to six days-with jail time being longer for subsequent offenses. The bill would also place a maximum of 30 months on prison terms for convicted drivers.
• HB 80 (Coughlin)-Persons convicted of OMVI three times within six years would forfeit their vehicle to the state. Current law requires vehicle forfeiture after a fourth offense.

Blood Alcohol Concentration (BAC) is a measure of the amount of alcohol in the body. Blood alcohol is measured directly through testing blood or indirectly through tests that use breath, urine or saliva.

Note: Alcohol consumption affects individuals differently. Information provided on these pages should be viewed as generalizations only.

The chances for becoming involved in a crash begins to rise at BAC .04% to .05% and increases rapidly thereafter, as seen in "Figure 3, "Blood Alcohol Content and Crash Risk."

By the time a driver reaches a BAC of .06%, the motorist is twice as likely to be involved in a fatal crash as a nondrinking driver.

And at levels of .10%, a driver is 12 times more likely than a nondrinking driver to be involved in a fatal crash.