Ohio's College Students Are Some of
My Favorite Clients.

Unfortunately, They Face More
Serious Consequences Than
Most DUI/OVI Defendants.

Virtually All Ohio Colleges and
Universities Have the Power to Discipline
Their Students For a DUI/OVI.

Above and Beyond Any Punishment
Imposed by the Court.

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DUI & University of Toledo Students

University of Toledo students who are charged with DUI face more significant punishment than a typical individual charged with an Ohio drinking and driving offense. Why? Because the student must not only face the Ohio DUI/OVI charge in Toledo Municipal Court, where Toledo DUI charges are normally prosecuted, but also at the University of Toledo, where the college can use the DUI/OVI to charge the student with a violation of the Toledo student code of conduct.

A University of Toledo student charged with DUI/OVI who is under the legal drinking age (21) will typically face the drinking and driving charge in Toledo Municipal Court or another DUI court where the incident occurred. These Toledo students face traditional DUI penalties including thirty days in the Lucas County Jail, a $250 fine, a two year Ohio DUI license suspension, and substance abuse treatment at a Toledo Ohio DUI treatment facility. While significant, these consequences are less severe than Toledo DUI/OVI drivers who are over the age of 21.

University of Toledo students charged with DUI/OVI who are over the age of 21 will face standard DUI penalties as follows: (a) 3 days in the Lucas County Jail up to a maximum of six months; (b) a fine ranging from $375 to $1075; (c) Substance abuse counseling at an Toledo Ohio DUI treatment facility; (d) mandatory Ohio DUI license suspension between six months and three years; (e) probation with the Toledo Municipal Court; and (f) the possible imposition of special Ohio DUI license plates and an ignition interlock device to be used if the student is granted driving privileges during the license suspension.

Depending on the facts and circumstances of a particular Ohio DUI/OVI case, there are many drinking and driving defense strategies that can be utilized in Ohio.  If you have an Ohio DUI case, you should consider talking to a top 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 Ohio DUI lawyer may be able to prevent that from happening.

The University of Toledo Student Disciplinary Process

In addition to the regular legal process that plays out in the Toledo DUI Municipal Court, a University of Toledo student may face discipline from the college as well. The University of Toledo Code of Student Conduct prohibits many types of student behavior including drug use, hazing, underage consumption of alcohol, public intoxication and drinking and driving. Any Toledo student found to have committed any illegal conduct is subject to the University of Toledo disciplinary process.

The University of Toledo Student Disciplinary Process Part 1: Allegations and the Investigation

Members of the University of Toledo community may file a referral alleging that a student has committed a violation of the Code of Student Conduct, including drinking and driving. In addition, the college may receive referrals from external entities, including Toledo law enforcement agencies who routinely make referrals for students caught drinking and driving in Toledo and other cities. Upon receipt of a referral, the University of Toledo reviews all relevant information and may consult with the appropriate parties regarding the incident in question. The suspected DUI/OVI student will be quickly notified of the alleged violation and summoned to appear before a University of Toledo student conduct administrator. In addition, the University will provide the student with notification of the specific allegations against him and a copy of the Toledo DUI incident report. At the conclusion of the investigation, the University of Toledo will take one of the following actions:

  • The University may determine that there is insufficient information to substantiate the allegations and the allegations may be dismissed.
  • If the Toledo student admits responsibility for a violation, the University will determine the appropriate sanctions.
  • If the student denies the violation, the University will move forward with a hearing.
  • If the Toledo student does not appear for the initial hearing, the student conduct administrator will determine if a violation has occurred based upon the information collected.

At the initial hearing, the University of Toledo officer will notify the student of the allegation against him and be provided a copy of any reports or statements that were made against him. In the case of a student DUI allegation, this may include Toledo police reports, Toledo DUI reports, field sobriety test results and results from any Toledo DUI breath test, DUI blood test or DUI urine test. The accused Toledo student will also be asked to make a statement concerning the reported violation, but is under no obligation to do so.

The University of Toledo Student Disciplinary Process Part 2: Trial or Hearing

Any University of Toledo student who denies or challenges an alleged violation of the Code of Student Conduct, including an Ohio DUI/OVI or drinking and driving offense, will be scheduled for a hearing. Rather than a judge, the University of Toledo uses a student conduct administrator and board to assess the facts and circumstances of the case and determine if a violation of the student code of conduct occurred, including student DUI.

The standard of evidence at the hearing is a preponderance of the evidence, meaning the University of Toledo must prove its case against the student by just fifty-one percent. In other words, the University merely has to prove it’s more likely than not that the student DUI occurred, which is the lowest standard of evidence in American jurisprudence, far lower than proof beyond a reasonable doubt, the burden of proof in the Toledo Municipal Court DUI case. At the end of the proceedings, the student conduct administrator or board will determine if the student violated the University of Toledo’s Student Code of Conduct.

The accused student may have a Toledo DUI lawyer throughout the hearing, however, the lawyer’s involvement is limited by the University’s rules. For example, Toledo, like most colleges, only permits the Toledo DUI lawyer to counsel the accused student, advise him, give him direction and explain things during the course of the proceedings. In limited circumstances, the Toledo DUI lawyer can advocate on the student’s behalf during proceedings. While the Toledo DUI lawyer’s role may be limited, it can be very advantageous for a student to have an attorney, particularly when the student also has a DUI/OVI charge pending in Toledo Municipal Court.

Why? For many reasons, but one of the biggest reasons is that unrepresented students often make statements admitting illegal behavior, including student DUI, even when they don’t realize they’re doing so. Such statements can then be admitted into evidence in a Toledo Municipal Court DUI trial to determine the student’s guilt or innocence. This may lead one to believe that a Toledo student should never make a statement at the hearing. However, it’s not quite that simple. Sometimes it is unwise for a Toledo student to sit idly without making a statement or answering questions because the student’s testimony can sometimes prove his innocence in the disciplinary forum. Only an experienced Toledo DUI lawyer can provide real-time advice on whether the student should make statements, answer questions or remain silent in the trial.

The University of Toledo Student Code of Conduct sets forth some other basic rules for the hearing:

  1. Both sides must provide notification of any witness they intend on calling to testify at the hearing. At the hearing, both sides may ask questions of the witnesses.
  2. The accused Toledo student is allowed to remain silent throughout the proceedings and can choose not to testify or answer questions.
  3. The University of Toledo first presents evidence of the alleged violation, including a student DUI, and the accused student shall then be given the opportunity to present evidence to the contrary.
  4. While a student’s rights are protected at the Toledo Municipal Court, where the Ohio Rules of Evidence apply, the University of Toledo disregards them in a disciplinary hearing. That means hearsay and written witness statements are often allowed into evidence.

At the conclusion of the hearing, the student conduct board will determine whether the accused student is in violation of University of Toledo Student Code of Conduct. After a verdict is reached, the Toledo student will be provided with written notification of the decision and sanctions if found guilty.

The University of Toledo Student Disciplinary Process Part 3: Sanctioning or Punishment

The University of Toledo Student Code of Conduct states that sanctions should be commensurate with the violation found to have occurred, including when the violation is related to a student DUI. Individual circumstances, attitude, and the student’s behavioral history are just a few of the factors the college will consider when imposing sanctions. Thus, a second student DUI offense, or third student DUI offense, is likely to be punished more severely than a first student DUI. Possible sanctions include:

University of Toledo Warning

This type of sanction including miscellaneous requirements that may be imposed on a Toledo student, including workshops, work assignments, essays, service to the university, residence hall actions up to and including cancellation of contract, or other related discretionary sanctions.

University of Toledo may Withhold a Student’s Degree

Toledo may withhold awarding a degree otherwise earned until the completion of the disciplinary process, including completion of all sanctions imposed such as completion of drinking and driving educational classes in Toledo, substance abuse treatment at a Toledo Ohio DUI treatment facility or community service.

University of Toledo Fines

This Toledo student may be required to pay monetary fines for a violation of the student code.

University of Toledo Loss of privileges

The University can deny a Toledo student specific privileges for a designated period of time. This may be associated with loss of student housing or extracurricular activities.

University of Toledo Probation

Probation is a sanction that is imposed for a specific period of time and includes the possibility of more severe disciplinary sanctions if the student violates the University of Toledo student code while on probation. If a student is placed on probation, it may affect his ability to participate in athletics, serve in student organizations or act as a representative of the University of Toledo. Some terms of probation may be to complete student DUI educational classes in Toledo Ohio, substance abuse treatment at a Toledo Ohio DUI treatment facility or community service.

University of Toledo Revocation of Admission

This is a sanction that can be used as punishment for a University of Toledo student violation, including a Toledo DUI/OVI or Toledo drinking and driving offense, that occurs before the incoming student’s first class at the University of Toledo.

University of Toledo Restitution

This type of sanction is compensation for loss, damage, or injury caused to the University of Toledo or another person. This compensation may take the form of community service, monetary payment or material replacement. For example, if a student hits a school building while committing a Toledo DUI, OVI or drinking and driving offense, as part of his sanctions, he may be required to perform community service for the university in lieu of monetary payment.

University of Toledo Suspension

This is a very serious sanction and involves the separation of a Toledo student from the university for a specified period of time, after which the student is eligible to return. Conditions for readmission are often required and may involve Toledo Ohio DUI educational classes, substance abuse treatment at A Toledo Ohio DUI treatment facility or community service.

University of Toledo Expulsion

This is the most severe sanction the University can impose. When a Toledo student is expelled, he is kicked out of the University and is not permitted to return.

University of Toledo Students Can Appeal the University’s Decision and Sanction

A Toledo student found in violation of the code by any means, including a Toledo DUI, OVI or drinking and driving offense, has the right to appeal the decision and sanction. The Code of Conduct limits any appeal to the following specific grounds:

  • To ascertain whether there was a misapplication or misinterpretation of the rule alleged to have been violated and to determine whether a significant procedural error occurred at the hearing that was materially prejudicial to the Toledo student.
  • To ascertain whether the disciplinary sanctions were unreasonable considering the violation.
  • There is new evidence, information or witnesses that were not available at the time of the Toledo student’s original hearing and which appears favorable to the student.

After reviewing the appeal, as well as any additional documentation, the university appeals authority will take one the following actions:

  • The university appeals authority may deny the appeal and the original decision will be upheld.
  • The university appeals authority may reverse the finding of guilt and sanctions and dismiss the case.
  • The university appeals board may modify the decision by increasing or reducing the sanctions.
  • In rare situations, the case may be remanded for a new hearing.

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 DUI and the disciplinary process.

Common Mistakes in Ohio DUI/OVI Investigations

No Toledo Ohio DUI/OVI/drinking and driving arrest is perfect and the best Toledo Ohio DUI/OVI lawyers knows this. Most Toledo 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 Toledo Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Toledo 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 Toledo Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Toledo Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Toledo 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 Toledo Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.

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