Ohio’s Definition of an ‘Alcoholic’
Ohio Denies a License to Persons Defined as Alcoholics
In 1996, Ohio amended Ohio Administrative Code 4501:1-1-16(A) to define an “alcoholic” as one who meets the following criteria:
(1) Is convicted three or more times within the immediately preceding three-year period of division (A) of section 4511.19 of the Revised Code or of a substantially similar municipal ordinance or of a statute of another state or of the United States; or
(2) Is convicted three or more times within a three-year period of any traffic violation where from the evidence presented, the trier of fact finds that alcohol or controlled substances were a contributing factor.
If you meet the definition of an “alcoholic” R.C. 4507.08(D)(1) forbids the Ohio Bureau of Motor Vehicles from issuing a driver’s license unless and until you can produce a statement that you have successfully completed a treatment program and that you have maintained sobriety continuously for six months from the date of completion of the program. The Ohio Supreme Court has held that OAC 4501:1-1-16(B)(1) “reasonably defines the term ‘alcoholic’ so as to carry out the legislative purpose of R.c. 4507.08.” Doyle v. Bureau of Motor Vehicles, 51 Ohio St.3d 46, 554 N.E.2d 97 (1990). A challenge that OAC 4501:1-1-16(B)(1) violated the Due Process provision of the Ohio Constitution was rejected in Moore v. Ohio Bureau of Motor Vehicles, 54 Ohio St.3d 55, 561 N.E.2d 909 (1990).
If you find yourself of a DUI (now called OVI, operating a vehicle impaired) call Ohio DUI Defense Attorney Charles M. Rowland II. He has handled hundreds of drunk driving cases and will aggressively fight to get your life back! 1-888-ROWLAND.
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