If your holiday plans include a glass or two of holiday cheer in Ohio, think twice before climbing behind the wheel of your car - especially if you live out-of-state and have a prior conviction for driving under the influence.
That out-of-state DUI conviction, which never used to matter in Ohio, now could mean an extra week in jail and at least an extra six months without driving privileges - not to mention the loss of your car for 90 days.
Sentencing overhaul
The change is courtesy of Ohio's legislators, who amended the drunken-driving law in July as part of an overhaul of the state's sentencing laws. ''Now, if you've had a DUI in Kentucky or any other state, it does count for determining the mandatory in terms of sentencing,'' said Charles Rubenstein, chief deputy prosecutor for Cincinnati. ''Before, judges could take them into account when sentencing, but they were not required to.''
With out-of-state convictions counting in Ohio, drunk drivers quickly could find themselves facing longer jail terms and lengthy license suspensions since minimum sentences get stiffer as the number of convictions increases. In Ohio, it is now a felony if you are caught driving while drunk and you have three DUI convictions in the past six years.
Common in Tristate
''Particularly in this part of the state - the Tristate area - it makes a big difference,'' Mr. Rubenstein said. ''We see a
large number'' of out-of-state convictions.
For a drunk driver caught for the first time, the minimum sentence is three days in jail or three days at a school where the ills of driving under the influence are preached. The driver also will have his license suspended for at least six months, with no work-related driving privileges for 15 days.
But a drunk driver who is caught a second time in six years automatically faces a minimum sentence of 10 consecutive days in jail and a license suspension of at least one year - with no work driving privileges for 30 days. The driver also will have the car he was driving impounded for 90 days, and the lot fees (at least $8 a day) must be paid by the drunk driver.
Statewide through November, the Ohio State Highway Patrol charged 23,303 people with DUI. During the same time last year, the patrol cited 23,791 drivers, said Mike Perona, patrol spokesman. Of those drivers, about 35 percent were repeat offenders.
Focus on repeaters
In Cincinnati each day, there are at least 40 DUI cases on the docket, and at least five or six of the drivers have out-of-state convictions, Mr. Rubenstein said.
''While the total number of DUIs have dropped over the last few years, it's only the first-time offenders that have really dropped off,'' he said. ''The numbers are still up for the repeat offenders. That's why this change is so important. This is aimed at the multiple offenders who are out there.''
Ohio penalties for DUI
For purposes of sentencing, repeat offenders are anyone who has had a DUI
conviction (or convictions) in the past six years.
Offense Jail time Fine License suspension
1st 3 days $200-$1,000 6 months mandatory
or 3 days in school to 3 years
to 6 months
2nd 10 days mandatory $300-$1,500 1 year mandatory
to 6 months to 5 years
3rd 30 days mandatory $500-$2,500 1 year mandatory
to one year to 10 years
4th* 60 days in prison $750-$10,000 3 years mandatory
to life
* The charge becomes a felony instead of a misdemeanor
Source: Ohio Driving Under the Influence Law, Cincinnati prosecutor's office
