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slylyd

Member
What is the name of your state?Ohio

Can someone please tell me if a DUI is a civil, criminal case or neither? Are there any stipulations that would cause to change it if it was?

Thanks to any who reply.
 


S

seniorjudge

Guest
slylyd said:
What is the name of your state?Ohio

Can someone please tell me if a DUI is a civil, criminal case or neither? Are there any stipulations that would cause to change it if it was?

Thanks to any who reply.
Drunk driving can result in three kinds of penalties:

Criminal - you may go to jail or pay a fine or both

Administrative - the licensing authority may suspend your driver's license (or otherwise mess with your license)

and

Civil - If you hurt someone or something while you were driving drunk, you may be required to pay those damages.
 

HomeGuru

Senior Member
slylyd said:
What is the name of your state?Ohio

Can someone please tell me if a DUI is a civil, criminal case or neither? Are there any stipulations that would cause to change it if it was?

Thanks to any who reply.

**A: and a DUI could be a Federal case too or no case at all if you have diplomatic immunity.
 

slylyd

Member
thank you. Would the weekend "classes" count as jail?

I know this is a loaded question, with many possible avenues, but by a ballpark guess, by the explanation given it would seem that most DUI's if there was no accident, no one was hurt, etc. just pulled over, determined drunk and arrested, would be criminal right?
thanks again.
 
S

seniorjudge

Guest
Q: Would the weekend "classes" count as jail?

A: You would have to ask the judge in your case this question.


Q: I know this is a loaded question, with many possible avenues, but by a ballpark guess, by the explanation given it would seem that most DUI's if there was no accident, no one was hurt, etc. just pulled over, determined drunk and arrested, would be criminal right?

A: Yes, and administrative, unless you are a diplomat of a foreign country.
 

slylyd

Member
I have one more question.

Is there a possibility that DUI's could be considered only "traffic" and not criminal, administrative or civil?

Thanks again for the knowledge
 
S

seniorjudge

Guest
Q: Is there a possibility that DUI's could be considered only "traffic" and not criminal, administrative or civil?

A: No, not in any jurisdiction I am aware of.
 

OhioLaw

Junior Member
DUI/OVI is a traffic offense

Ohio
In the state of Ohio an OVI/OMVI/DUI "charge" is consider a traffic offense, if you refuse a breath blood or urine (and have a prior inside 20 years) it can then be seperately charged as a CR or criminal offense. The conviction however is located under criminal and traffic on a LEADS report.
 
S

seniorjudge

Guest
OhioLaw said:
Ohio
In the state of Ohio an OVI/OMVI/DUI "charge" is consider a traffic offense, if you refuse a breath blood or urine (and have a prior inside 20 years) it can then be seperately charged as a CR or criminal offense. The conviction however is located under criminal and traffic on a LEADS report.
Cite and post your legal authority.
 
S

seniorjudge

Guest
OhioLaw said:
Attorney and you?
In the state of Ohio an OVI/OMVI/DUI "charge" is consider a traffic offense, if you refuse a breath blood or urine (and have a prior inside 20 years) it can then be seperately charged as a CR or criminal offense. The conviction however is located under criminal and traffic on a LEADS report.

Please ask your attorney for the legal authority where this proposition is found.

Then post it here.

Thank you.
 

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