DUI & Ohio State Students

Ohio State students who are charged with drinking and driving face potentially more significant punishment than an average Columbus Ohio DUI/OVI defendant. Not only must the student go to Columbus municipal court where every other DUI/OVI defendant is charged, but the University can use the DUI/OVI to charge the student with a violation of the Ohio State student code of conduct. If you have an Columbus Ohio DUI case, you should consider talking to a top Columbus Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Columbus Ohio DUI lawyer may be able to prevent that from happening.

Ohio State students charged with Ohio DUI who are under legal drinking age (21) will face the DUI charge in the local Columbus court or Franklin County court where the incident occurred. These students face possible penalties including thirty days in jail, a $250 fine, a two-year driver’s license suspension, and drug/alcohol treatment in Columbus monitored by the court. While significant, these penalties are less severe than Columbus DUI drivers who have reached the age of 21.

Ohio State students charged with DUI/OVI who are over the age of 21 will face the standard DUI/OVI penalties as follows: (a) minimum of 3 days in a Columbus Ohio jail up to a maximum of 180 days; (b) a fine between $375 and $1075; (c) the possibility of drug and alcohol treatment in Columbus Ohio; (d) mandatory Ohio DUI license suspension between six months and three years; and (e) imposition of Ohio DUI license plates and an interlock ignition device to be used if the student is given driving privileges by the Columbus Municipal court.

The Ohio State University Student Disciplinary Process


In addition to the regular legal process that plays out in a Columbus municipal court, an Ohio State student may face discipline from the Ohio State University as well. The Ohio State University Code of Student Conduct prohibits many types of student behavior including dishonesty, drug use, illegal consumption of alcohol and drinking and driving. Any Columbus Ohio student found to have committed any of the following conduct is subject to disciplinary action by the Ohio State University:

  • Academic Misconduct
  • Sexual Misconduct
  • Endangering Health or Safety
  • Destruction of Property
  • Possession of Dangerous Weapons or Devices
  • Dishonest Conduct
  • Theft or Unauthorized Use of Property
  • Failure to Comply with University or Civil Authority
  • Drug Use, including Driving while on Drugs in Columbus Ohio
  • Illegal Alcohol Use, including Drinking and Driving in Columbus
  • Disorderly or Disruptive Conduct
  • Hazing
  • Violation of University Rules, Federal, State or Local Columbus laws, including Ohio DUI/OVI
  • Riotous Behavior
  • Recording of Images without Person’s Knowledge

The Ohio State Student Disciplinary Process Part 1: The Investigation

If the administration at Ohio State University is informed about an alleged violation by one of its students, including an allegation of student DUI in Columbus, the university will begin the disciplinary process by conducting an investigation. Upon completion of the investigation, Ohio State will decide upon an appropriate course of action, which typically includes one of the following: (a) Taking no official action; (b) Deferring further action with or without conditions on the student; or (c) Initiating charges with the appropriate Ohio State student conduct body.

The Ohio State Student Disciplinary Process Part 2: The Hearing

The Ohio State Student Code of Conduct establishes rules and procedures for the disciplinary process. Attendance at hearings is limited to those directly involved or those requested by the college to attend. The accused Ohio State student may have a DUI lawyer with her throughout the disciplinary process, however, the lawyer’s involvement is limited by Ohio State’s rules. For example, Ohio State only permits the DUI lawyer to counsel the accused student, advising him, giving him direction and explaining things during the course of the hearing.

While the lawyer’s role may be limited, it can be very advantageous for an Ohio State student to have a DUI lawyer involved in the hearing process, particularly when the student has a DUI or OVI charge pending in a Columbus municipal court. Why? For many reasons, but one of the biggest reasons is that Ohio State students without counsel typically make admissions of wrongdoing at disciplinary hearings, even when they don’t realize they’re doing so. Such statements can then be used against the student in his Columbus municipal court DUI trial. That being said, it’s not always wise for an Ohio State student to remain silent in disciplinary hearings. Sometimes a student’s statements can be extremely helpful in the disciplinary process. Only a seasoned and experienced Ohio DUI attorney can provide real-time advice on whether the student should make a statement or remain silent.

The accused Ohio State student is permitted to submit a written statement at trial, call witnesses, submit statements of his character, and ask questions of witnesses called by the university. Both sides of the hearing must notify the other of any witnesses expected to be called. When the disciplinary process is based upon an Ohio State student’s DUI/OVI, the university is permitted to call witnesses, including the Columbus police officers involved in the Columbus DUI investigation, as well as question witnesses presented by the accused Ohio State student. In cases requiring special expertise, such as DUI, the hearing officer may appoint individuals with appropriate expertise to serve as consultants or expert witnesses.

The standard of evidence at the hearing is a preponderance of the evidence, meaning Ohio State must prove its case against the student by just 51%. In other words, Ohio State merely has to prove it’s more likely than not that the student misconduct occurred, which is the lowest standard of evidence in American jurisprudence, far lower than proof beyond a reasonable doubt, the burden of proof in an Ohio State student DUI case in Columbus Municipal Court. At the end of the proceedings, the disciplinary board will vote to determine if the Ohio State student is in violation. If the vote is yes, the next step is student punishment or sanctions.

The Ohio State Student Disciplinary Process Part 3: Sanctions

Ohio State’s student code of conduct states that sanctions should be commensurate with the violations that occurred. In determining the sanctions, the hearing officer or board is required to consider any mitigating circumstances and any aggravating factors including, any provocation by the victim, any past misconduct by the Ohio State student, including prior student DUI/OVI offenses, any failure of the student to comply fully with previous sanctions, the significance of the harm caused by the Ohio State student’s violation, the degree of intent and motivation of the Columbus student in committing the violation, and the severity and pervasiveness of the student’s conduct. Unfortunately, Ohio State’s student code of conduct states that voluntary impairment resulting from alcohol or drug usage is considered an aggravating factor in a drinking and driving offense. Since Ohio DUI offenses almost always involve the voluntary consumption of alcohol or drugs, the Ohio State disciplinary board is required to take them seriously.

One or more of the following sanctions may be taken when an Ohio State student has violated the code of student conduct, including a student DUI:

  • Informal admonition
  • Formal Reprimand
  • Disciplinary Probation
  • Restitution
  • Revocation of University Housing
  • Counseling
  • Drug and Alcohol Treatment
  • Restrictions on Access to Ohio State’s Columbus Campus
  • Suspension
  • Dismissal

Ohio State Students Can Appeal the University’s Decision and Sanctions


An Ohio State student found in violation of the code of student conduct by any means, including a Columbus DUI offense, has the right to appeal the decision and punishment. The appeal is not an opportunity to re-litigate the case and is limited to the specific grounds outlined below. An Ohio State student who has admitted to violating the code of student conduct waives the right to appeal, except on the basis that the disciplinary sanction is unduly harsh.

An Ohio State student’s appeal is limited and can only be based upon one or more of the following grounds:

  • A procedural error occurred that was materially prejudicial to the Columbus student.
  • Discovery of new evidence that was unavailable at the Ohio State student’s hearing.
  • The disciplinary sanctions were unduly harsh considering the violation, including student DUI.

After reviewing the appeal, as well as any additional documentation, the Ohio State University appeal officer will take one the following actions:

  • Uphold the original decision and/or sanctions.
  • Dismiss the case or individual charge(s) against the Ohio State student and vacate the sanctions.
  • Modify or reduce the sanctions.
  • Schedule a new trial

Other Ohio Colleges and Universities


If you are a college student at one of Ohio’s other colleges or universities, please click on the link to review the university’s procedures as they relate to a student DUI and the disciplinary process.

Common Mistakes in Ohio DUI/OVI Investigations


No Columbus Ohio DUI/OVI/drinking and driving arrest is perfect and the best Columbus Ohio DUI/OVI lawyers knows this. Most Columbus Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Columbus Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Columbus Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?


There are over 1 million laws in the United States. I am a top Columbus Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Columbus Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Columbus Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.

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