Ohio Residents Enjoying the Lakes and Rivers Need to Beware!

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Cleveland DUI / OVI Client Focused Attorney.

Ohio is a beautiful state with many lakes and rivers where Ohio residents routinely enjoy spending time with family and friends on the water. One thing you can bet on is that law enforcement will be out in full force this summer looking for avid boaters and other water craft enthuses that are operating under the influence. While out on the water many will find themselves facing a Ohio Boating Under the Influence charge or sometimes referred to a BUI . In Ohio, Boating Under the Influence or BUI is a Criminal Offense that can become part of your permanent criminal history. A Ohio BUI charge can also lead to the suspension of your driving privileges, similar to a Ohio DUI / OVI charge.

Ohio law states that a person is considered to be operating a vessel under the influence of alcohol or drugs if he or she:

  • Has a blood or breath alcohol concentration of 0.08% or greater or ...
  • Is under the influence of any controlled substance or any other drug, or any combination of alcohol, controlled substance, or drugs that renders that person incapable of operating safely.

Ohio law further states:

  • A person who is under the age of 21 is considered to be under the influence if his or her blood alcohol concentration (BAC) exceeds 0.02%.

Cleveland OVI Attorney Pat Quinn The Ohio DUI Guy

Many of the defenses and issues involved in defending a Ohio Boating Under the Influence charge are very similar to those for Ohio OVI / DUI charge. As such, it is important to contact a skilled Cleveland DUI attorney as soon as possible in order to protect your future and your legal rights. Pat Quinn the Ohio DUI Guy will be right here prepared to help you overcome any type of OVI or DUI legal matter.

BEWARE CDL DRIVERS

BEWARE CDL DRIVERS

I recently was retained by a CDL holder who has one prior Ohio DUI / OVI conviction which resulted in a one-year disqualification of his CDL privileges over five years ago. He was charged with a new OVI in Cleveland Municipal Court. If he were to be convicted of this OVI, it would cause him to lose his CDL for life. However, if he plead to or was convicted of a lesser charge such as Physical Control While Intoxicated he would keep his CDL. It would not cause a disqualification for life and he could keep driving. He hired a local attorney who was able to get the charges reduced to Physical. He thought he could keep his CDL and all was okay, WRONG!

In Ohio the disqualification process is triggered by the issuance of the ALS (Form 2255 Administrative License Suspension) by the police to you. When the 2255 ALS gets to the BMV it is sent to the CDL Section and a notice of disqualification is sent out. The ball keeps rolling on the disqualification no matter what happens in court. The only way to stop this is by appealing the ALS and stopping it. That stops the BMV from moving forward to disqualify the CDL for life or for one year if it is your first OVI conviction.

I couldn’t help this client because his attorney never did anything to stop the ALS with the BMV. Even though the OVI was reduced to a non-disqualifying charge which would not cause the person to loose his CDL, the BMV went on to disqualify his CDL for life based on the ALS (2255).

BE CAREFUL – when you have a CDL and are charged with an OVI that you make sure your lawyer knows how to Protect you and keep your CDL.