Bowling Green DUI Lawyer: Counseling Clients on Collateral Consequences of a DUI

Bowling Green DUI Defendants who plead guilty to a DUI charge in Bowling Green Municipal Court face extremely serious punishments as part of their sentence. However, most DUI defendants aren’t aware of the collateral consequences that go along with a Bowling Green DUI conviction.  They are considered collateral consequences because they are not imposed by the court, at least not directly. Because the consequences aren’t imposed by the court as part of sentencing, Ohio courts don’t inform DUI defendant of these potential sanctions. Instead, top Bowling Green DUI lawyers are left to explain many of the collateral consequences that go along with a criminal conviction for drinking and driving. For example, most misdemeanor and felony charges included in chapter 29 of the Ohio Revised Code that governs criminal law, can be sealed and expunged and cleared from a person’s criminal record. However, Bowling Green DUI convictions cannot. In fact, no Ohio DUI conviction can be removed from a person’s record once it’s there. That means a Bowling Green DUI conviction will stay on a person’s criminal and traffic record forever. For the rest of the person’s life.  As a result, top Bowling Green DUI lawyers do everything in their power to get DUI charges dismissed.

Another collateral consequence that can impact many people is difficulty with employers or potential employers. When a person goes through the interview process with a potential employer, it’s not uncommon to submit to a background check or answer questions about their criminal record. If the potential employer finds a criminal conviction like a DUI, they may deny the applicant employment.  Thus, one of, if not the, primary goals for top Bowling Green DUI lawyers is to get the DUI dismissed or reduced. Another collateral consequence related to a Bowling Green DUI conviction is the possible cancelation of the person’s automobile insurance policy. While every insurance company has their own internal policies and procedures, they will often cancel a policy for an offense like DUI. Sometimes they won’t cancel the policy but simply raise the rates for a driver who pleads guilty to a Bowling Green DUI.

An additional collateral consequence of a Bowling Green DUI conviction is the six points that the Ohio Bureau of Motor Vehicles will allocate to the DUI driver’s record. As a result of the additional six points, the DUI driver may incur a second license suspension, separate and apart from the Bowling Green DUI license suspension that is mandatory in a Bowling Green DUI conviction. Fortunately, most top Bowling Green DUI lawyers know that a reduced charge of physical control brings no points on the driver’s record. A physical control charge also doesn’t carry a mandatory suspension from the court or any potential secondary suspension from the BMV. Bowling Green DUI lawyers understand that a driver license suspension is a big deal for most people, and utilize DUI defense strategies to avoid the suspension or keep the duration of a suspension to a minimum.

Yet another collateral consequence associated with a Bowling Green DUI conviction is associated with Ohio’s look-back period for DUI charges. That means that if an Ohio driver is charged with a DUI, the Bowling Green police officer or Wood County Sheriff deputy will look at the driver’s record to see if they have any prior DUIs on their record. If they do, they face more serious, and sometimes altogether difference charges on a second or third offense. Top Bowling Green DUI lawyers know that Ohio has two primary look-back periods associated with DUI. The first is six years. If an Ohio driver has a second or third DUI in six years, the penalties for another conviction are significantly more serious. If a driver has four or five DUI convictions in six years, the DUI charge becomes a felony with potential prison time of two and a half years. Anyone charged with a second, third, fourth or fifth DUI in six years should immediately contact a top Bowling Green DUI lawyer to obtain more information.

If an Ohio driver pleads guilty to a second Bowling Green DUI in six years, with or without a Bowling Green DUI lawyer, they face extremely serious consequences: (a) mandatory ten days in the Wood County Jail with a maximum jail sentence of six months; (b) a mandatory fine of $525 with a maximum fine of $1625 plus court costs and other fees; (c) mandatory drug and alcohol treatment at a Bowling Green DUI treatment facility that may include in-patient treatment; and (d) a mandatory driver license suspension that can last for as long as five years. While top Bowling Green DUI lawyers can often keep their clients from going to jail on a first DUI, it’s extremely challenging to do so on a second.

If an Ohio driver pleads guilty to a third Bowling Green DUI in six years, with or without a Bowling Green DUI lawyer, they face even more serious punishment: (a) mandatory jail sentence at the Wood County Jail that can last up to a full year; (b) a mandatory fine that can be as high as $2750; (c) mandatory drug and alcohol treatment at a Bowling Green DUI treatment facility that will likely include in-patient; (d) a mandatory suspension of the driver’s license that can last up to ten years; (e) special DUI license plates and ignition interlock device on the defendant’s vehicle; and (f) motor vehicle forfeiture.  While top Bowling Green DUI lawyers can often get creative to avoid or minimize some of these penalties, a third Bowling Green DUI in six years will carry extremely significant penalties.

Finally, there are also collateral consequences for Bowling Green students who are charged with DUI because of Bowling Green State University’s code of student conduct.  Bowling Green State University has the power to bring a disciplinary complaint against Bowling Green students charged with drinking and driving by charging them with a violation of the code of student conduct. Potential penalties can include probation, suspension and even expulsion. This is yet another reason why Bowling Green State University students charged with drinking and driving are best served by speaking with a top Bowling Green DUI Lawyer before they go to their first court appearance. Click here for more information on Bowling Green State University’s code of student conduct (hypertext link).

Bowling Green DUI Lawyer: Counseling Bowling Green DUI clients on a Towed Car

Most Bowling Green DUI cases include an arrest, a license suspension and a tow of the DUI suspect’s automobile. Bowling Green DUI lawyers can tell you that when a Bowling Green police officer or campus law enforcement officer arrests a driver for suspected DUI, he will usually be taken in for breath testing, In addition, the Bowling Green police officer will contact a tow company to tow the DUI suspect’s car. The Bowling Green DUI suspect is then charged $100-$150 for the tow and there is a daily storage fee that’s assessed as well. Experienced Bowling Green DUI lawyers will tell you stories of DUI clients who have gone to pick up their car and received an expensive invoice that includes hundreds of dollars in daily storage fees.

As a result, one of the first questions top Bowling Green DUI lawyers will ask a DUI client is whether they have picked up their automobile from the tow company. In some Bowling Green DUI cases, the DUI suspect won’t be able to get their automobile until the court “releases” it. If this happens, a Bowling Green DUI lawyer can file a motion to release the DUI suspect’s vehicle. If the DUI suspect has a prior Bowling Green DUI conviction, the arresting officer may place an immobilization order on the vehicle. Ohio law requires ninety day vehicle immobilization on a second Bowling Green DUI charge. Despite any immobilization orders, an experienced Bowling Green DUI lawyer will file a motion with the Bowling Green Municipal Court to release the vehicle so that it can be stored at the owner’s residence during the ninety-day period. Top Bowling Green DUI lawyers know that this is a good way to avoid the daily storage fees that would accumulate if the vehicle sat in impound for ninety days.

Bowling Green DUI Lawyer: Counseling Bowling Green DUI clients on Suspensions

Bowling Green DUI lawyers usually receive a number of questions about the DUI suspect’s license suspension. In most Bowling Green DUI cases, the Bowling Green police officer or campus law enforcement officer imposes a DUI ALS suspension on the DUI suspect that can last a minimum of ninety days up to a full year, even on a first DUI offense. Why does this occur? Because Bowling Green police officers are authorized by law to impose a one-year ALS if the DUI suspect refuses to take a breath test. Ohio law further requires the officer to impose a ninety-day ALS suspension if the Bowling Green DUI suspect takes the test and blows above the legal limit. In either case, most Bowling Green DUI clients want their license back as soon as humanly possible. Top Bowling Green DUI lawyers have a number of strategies at their disposal to endeavor to make this happen.

Bowling Green DUI Lawyer: Counseling Bowling Green DUI clients on ALS Appeal

A top Bowling Green DUI lawyer will often appeal the ALS is the record supports such an appeal. The Ohio Revised Code sets forth very specific reasons that a Bowling Green DUI lawyer can use in an appeal. Among them are: (a) Whether the Bowling Green Police officer or campus law enforcement officer had reasonable suspicion or probable cause to believe the person was driving while under the influence of alcohol or drugs; (b) Whether the Bowling Green DUI suspect was arrested ; (c)  Whether the Bowling Green DUI suspect was asked to submit to a breath test, or some other chemical test to determine blood alcohol content; (d) Whether the Bowling Green DUI suspect was read the required information from the back of the Ohio BMV 2255 form that includes the consequences of failing the test or refusing it; and (e) Whether the Bowling Green DUI suspect took the test or declined it. While these are the only reasons that law recognizes for the ALS appeal, top Bowling Green DUI lawyers can appeal on other grounds as well by framing their argument into one of the five positions stated. For example, if a Bowling Green DUI suspect was read the BMV 2255 information, but it was from an old, outdated form, the Bowling Green DUI lawyer would file an appeal based upon the officer failing to read the required information.

Bowling Green DUI Lawyer: Counseling Bowling Green DUI clients on Stay of ALS

Bowling Green DUI lawyers can challenge an ALS with a request stay the administrative license suspension. A motion to stay an ALS is something that a Bowling Green DUI lawyer may file along with an ALS appeal and other motions applicable to the ALS. If the Bowling Green Municipal Court grants the motion, the Bowling Green DUI suspect will be able to drive right away. Typically, the court will give a DUI suspect a court order that allows them to drive even though they don’t have the physical driver license in their possession. On the other hand, if the request to stay the ALS is denied, the DUI suspect won’t be able to drive until the court grants driving privileges that will allow the DUI suspect to drive for work or school.

Bowling Green DUI Lawyer: Counseling Bowling Green DUI clients Driving Privileges

When a Bowling Green police officer or campus law enforcement officer issues an ALS, a Bowling Green DUI lawyer will often obtain driving privileges for his client. However, a DUI suspect with an ALS can’t get driving privileges immediately. Rather, they have to wait fifteen days on a high test and thirty days on a refusal. Until then, the Bowling Green DUI suspect simply cannot drive for any reason whatsoever. After the waiting period is over, the Bowling Green DUI lawyer can file a motion for driving privileges.

Bowling Green DUI Lawyer: Counseling Bowling Green DUI clients on Renewing License

When a Bowling Green DUI lawyer is retained by a new client with a DUI pending in Bowling Green Municipal Court, one of the issues that the lawyer needs to figure out is when the client’s license expires. If the DUI suspect allows his license to expire during the suspension, the Ohio BMV will cancel his license altogether. In normal circumstances, a person one could just check their driver license to find out the expiration date. However, most Bowling Green DUI defendants no longer have their license because it was confiscated at the time of the DUI arrest. A good Bowling Green DUI lawyer will contact the BMV on behalf of their clients to determine the expiration date. The Bowling Green DUI lawyer can then figure out whether the license is going to expire, and if so, seek authority from the BG Municipal Court to renew even during the suspension. Clients generally find this helpful because the BMV will not permit a suspended driver to renew their driver’s license without a court order providing authorization.

Bowling Green DUI Lawyer: Counseling Bowling Green DUI clients Temporary ID

Top Bowling Green DUI lawyers will remind their DUI clients that they need to get a new picture ID. When law enforcement charges a Bowling Green DUI suspect, they generally impose an administrative license suspension (ALS) along with it. When that occurs, the DUI suspect’s driver license is almost always confiscated. This can be an issue for virtually any DUI suspect because everyone needs picture ID. For example, going to the airport typically requires some type of government-issued ID like a passport or driver license. In addition, federal courthouses, state schools and many businesses require picture ID. Most people don’t think about this until they walk into a school and are asked for picture ID. Fortunately, a top Bowling Green DUI lawyer will instruct new DUI clients to obtain a temporary identification card from the BMV. A word of caution—be sure it’s a temporary ID card because experienced Bowling Green DUI will tell you that a regular ID card will cause all sorts of problems, including license cancellation and prohibition of driving privileges.

Bowling Green DUI Lawyer Reviews for Jeremiah Denslow

Jeremiah Denslow, Bowling Green DUI Lawyer Review: “With over 15 years of experience, Jeremiah Denslow is an excellent DUI attorney that I highly recommend. Jeremiah is very professional, courteous and conscientious about his work. Unlike other attorneys who claim to have several fields of expertise, Jeremiah focuses on only DUI defense. Jeremiah’s focus just on DUI defense allows him to stay on top of the rapidly changing laws and get RESULTS!! Definitely call Jeremiah for any DUI related problems; you want him on your side!!

Jeremiah Denslow, Bowling Green DUI Lawyer Review: “I picked Jeremiah Denslow as my attorney because he actually answered the phone on a Saturday and he answered all my questions without rushing through them to get me off the phone. He made me feel better about my case and what could/was going to happen. He is also quick to reply to emails and will answer any question you have going forward no matter how minor it is. I highly recommend him.”

Jeremiah Denslow, Bowling Green DUI Lawyer Review: “Jeremiah is a one of a kind attorney. I’d highly recommend him. He has a reputation for doing a great job with college students and their alcohol related charges. He’s compassionate, smart, and he gets good results.”

Jeremiah Denslow, Bowling Green DUI Lawyer Review: “ …. a very gifted attorney. He’s reliable and extremely smart.”

Jeremiah Denslow, Bowling Green DUI Lawyer Review: “Jeremiah was very professional and understanding working for our family. He made sure we had the best outcome in resolving our case that was best for us. Highly recommend using him to represent you or a family member in the court of law.”

Jeremiah Denslow, Bowling Green DUI Lawyer Review: “I have worked with JD in the last year and would recommend him. A man of Integrity who says what he will do and then does it. Two thumbs up.”

Message from Bowling Green DUI Lawyer, Jeremiah Denslow

Hello, my name is Jeremiah Denslow and I’m an Ohio lawyer who focuses on DUI and criminal defense in places like Bowling Green, Ohio. I am licensed to practice in all state courts and will travel to you for all necessary appointments and court appearances. If you have a DUI case pending in Bowling Green Municipal Court, you would benefit by talking to a Bowling Green DUI lawyer. In 2016, I was able to get the majority of charges against my clients dismissed or reduced. While past success is not a guarantee of future success, and I can’t guarantee results in ANY case, my goal is a dismissal or reduction for every client. And no jail time.  I run my practice using a simple formula for success: (a) I only handle cases in DUI and criminal defense; (b) I only take cases in Ohio; and (3) I accept a limited number of clients. My practice is extremely focused and I have a limited number of cases, which means I have more time and attention to devote to each client.

If have a Bowling Green DUI case pending please consider giving me a call. I’m a Bowling Green DUI lawyer and you can reach me at 1-844-DUI-DUDE. That’s 1-844-384-3833.