In Ohio, operating any vehicle under the influence of drugs or alcohol is illegal. While everyone knows this is the case when driving a car or truck, many people don’t realize they can get a DUI while riding a personal or rideshare scooter. These OVI (Operating Vehicle Impaired) charges come with the same penalties as operating a car, including fines, license suspension, and even jail time.
At Patituce & Associates, we know how seriously a DUI charge can impact your life. But with a better understanding of your rights, responsibilities, and the laws surrounding DUIs in Cleveland and Toledo, you can learn to navigate the situation more effectively and ensure the best outcome for your case.
If you’re facing a DUI charge, don’t hesitate to reach out to our experienced Cleveland DUI attorneys for help.
What Is Considered a DUI in Ohio?
Any driver operating a vehicle or scooter with a blood alcohol content of 0.08% or above (0.02% or above if the driver is under 21) is considered legally intoxicated in the state of Ohio and subject to a DUI charge. This also applies to any driver who is under the influence of drugs, even if their BAC (Blood Alcohol Content) is below the legal limit.
Ohio does not differentiate between public and private property in DUI cases. This means that even if you are riding your scooter on private property, such as a parking lot or driveway, you can still be charged with a DUI if found to be under the influence.
Recent litigation has tried to argue that scooters are not motor vehicles and, therefore, do not fall under the same DUI laws as cars. However, the state of Ohio has determined that since scooters are used for transportation purposes, they do fall under the category of motor vehicles in terms of DUI charges even though they aren’t allowed on all public roads or highways.
What Type of Scooter Can You Get a DUI On?
Electric Scooters
The prominence of electric scooters, such as Bird or Lime, has increased in recent years. These dockless scooters are available for rent through a smartphone app and have become a popular mode of transportation in cities across Ohio. However, despite their small size and lower speeds compared to cars, operating an electric scooter while under the influence can still result in a DUI charge.
Motorized Scooters
Motorized scooters, which typically have larger engines and higher speeds than electric scooters, are also subject to the same DUI laws in Ohio. These scooters may include traditional motorized models or more advanced options like mopeds.
Manual Scooters
Many Ohioans try to skirt DUI laws by using manual scooters, thinking that since they do not have a motor, they cannot be charged with a DUI. However, this is not the case. The operation of manual scooters may not always result in a DUI or OVI, but they can still result in other charges, such as reckless operation or disorderly conduct.
How Can You Get A DUI On A Scooter?
To understand how you can get a DUI on a scooter in Ohio, you first have to understand the definition of “operate” in relation to vehicles.
According to Ohio law, operating a vehicle includes being in physical control of the vehicle while impaired by drugs or alcohol. This means that even if you are not actively riding your scooter but are still in control of it and under the influence, you can be charged with a DUI.
Indications of operating a scooter under the influence include:
- Swerving or weaving while riding
- Speeding or driving erratically
- Failure to obey traffic signals or signs
- Slurred speech or inability to maintain balance
- The odor of alcohol on the breath
Even if your BAC does not reach the legal limit, officers may still charge you with a DUI if they believe you are impaired and cannot operate a scooter safely.
What Happens When You Get A DUI On A Scooter in Ohio?
When initially pulled over for suspicion of DUI while on a scooter, the officer will likely have you perform a series of physical tasks to establish sobriety or intoxication:
- Horizontal Gaze Nystagmus (HGN) test, which measures involuntary eye movements
- Walk-and-turn test, where you must take a series of steps in a straight line
- One-leg stand test, where you must balance on one leg for a certain amount of time
In addition to these field sobriety tests, officers may also request a Breathalyzer or blood test to measure your BAC. Refusal to take these tests can result in additional charges and penalties.
If any of these tests indicate that you are under the influence, you will likely be placed under arrest and taken to a police station or hospital for further testing. At this point, contacting an Ohio DUI attorney who can help guide you through the legal process and ensure your rights are protected is vital.
After being fingerprinted and processed, there are five stages to a DUI case in Ohio:
- Arraignment: This is where you are formally charged with the DUI offense and enter a guilty or not guilty plea.
- Pretrial Conference: This is an opportunity for your attorney to negotiate with the prosecutor for a possible plea deal, reducing charges or penalties.
- Motion Hearing: You can address any legal areas surrounding your case here.
- Trial: If you cannot reach a plea deal, the case will go to trial, and a judge or jury will determine guilt or innocence.
- Sentencing: If found guilty, this is where the court will determine the penalties for the DUI charge.
Depending on the case’s complexity, the entire process can take a few days to a year. Hiring a Cleveland, OH, DUI attorney will protect your rights and give you the best chance at a favorable outcome for your case.
What Are the Penalties for a Cleveland, OH DUI Charge?
The penalties for a DUI in Ohio vary depending on the BAC at the time of arrest, whether or not the driver refused a Breathalyzer or blood test, and any previous DUI offenses on their record in the past 10 to 20 years.
First Time Offenders
If it is your first DUI in Ohio, you can face the following penalties if you DID NOT refuse the Breathalyzer or blood test in the past ten years and have a BAC of less than 0.17:
- Minimum jail time of three days
- Maximum jail time of six months
- Up to five years probation
- Fines ranging from $375 to $1,075
- License suspended for one to three years, no driving first 15 days
- Reinstatement fees totaling approximately $475
- Six points on driving record
If it is your first time getting a DUI within the last 10 years and you DID refuse a field sobriety or other determining test in the past 20 years, expect penalties that include:
- Minimum jail time of six days or 3-day DIP plus 3-day jail
- Maximum jail time of six months
- Up to five years probation
- Fines ranging from $375 to $1,075
- License suspended for one to three years, no driving first 30 days
- Reinstatement fees totaling approximately $475
- Six points on record
Depending on the BAC, circumstances around the arrest, and prior criminal record, the sentencing judge may impose optional penalties such as interlock devices, rehabilitation programs, or driver safety courses.
Second Time Offenders
Second-time offenders who have a BAC ranging between 0.08 and 0.17, HAVE NOT refused a DUI test, or had a DUI in the past 10 years should expect penalties that include:
- Minimum jail time of 10 days or five days with 18 days of house arrest (with electronic/ alcohol monitoring)
- Maximum jail time of six months
- Up to five years probation
- Fines ranging from $525 to $1,625
- Mandatory drug or alcohol assessment/treatment
- License suspended for one to seven years, no driving first 45 days
- Reinstatement fees totaling $475
- Restricted Plates
- Mandatory interlock device
- Vehicle Immobilization (90 days if registered to the defendant)
- Six points on record
Second-time offenders with a BAC above 0.17 who HAVE refused testing and or had a DUI conviction in the past 20 years can expect penalties that include:
- 20 days or 10 days with 36 days of house arrest (with electronic/alcohol monitoring)
- Maximum jail time of six months
- Up to five years probation
- Fines ranging from $525 to $1,625
- Mandatory assessment/treatment
- License suspended for one to seven years, no driving first 90 days
- Reinstatement fees totaling $475
- Restricted Plates (Required)
- Mandatory interlock device
- Vehicle Immobilization for 90 days if registered to the defendant
- Six points on driving record
Unlike a first-time DUI, the judge may impose additional penalties such as supervised probation, random alcohol/drug testing, and vehicle forfeiture in extreme cases.
Third Time Offenders
Third-time offenders with a BAC below 0.17 who HAVE NOT refused a test or have had a DUI in the past 10 years can expect penalties that include:
- Minimum of 30 days jail time or 15 days with 55 days of house arrest (with electronic/alcohol monitoring)
- A maximum jail time of one year
- Up to five years of probation
- Fines ranging from $850 to $2,750
- Mandatory alcohol/drug addiction program
- License suspension for two to 12 years, no driving privileges for the first 180 days
- Reinstatement fees totaling $475
- Restricted plates (required)
- Mandatory interlock device if alcohol-related OVI
- Vehicle forfeiture, if registered to the defendant
- Six points on the driving record
For high-level cases or refusal with an OVI conviction within the past 20 years:
- Minimum jail time of 60 days or 30 days with 110 days of house arrest (with electronic/alcohol monitoring)
- A maximum jail time of one year
- Up to five years of probation
- Fines ranging from $850 to $2,750
- Mandatory alcohol/drug addiction program
- License suspension for two to 12 years, no driving privileges for the first 365 days
- Reinstatement fees totaling $475
- Restricted plates (required)
- Mandatory interlock device if alcohol-related OVI
- Vehicle forfeiture, if registered to the defendant
- Six points on the driving record
Ohio drivers receiving a fourth or subsequent DUI charge will face felony charges with increased penalties, including longer jail time and higher fines. Additionally, drivers may face permanent license suspension and vehicle forfeiture.
How Much Does A DUI Cost in Ohio?
Beyond the ramifications to your professional and personal life a DUI in Ohio creates, there is also a significant financial impact.
The direct costs of a DUI in Ohio vary depending on the specific case, but may include:
- $375 to $2,750+ in fines
- $475 reinstatement fee
- $500 to $1,500+ for mandatory drug/alcohol treatment programs
- 58%+ increase in auto insurance fees
- $500 to $1,500+ for interlock device
- $30 per day in impound fees
- $50 to $200+ in towing fees (yes, you can get charged to “tow” your scooter from the scene)
- $500+ for Driver Intervention Program (DIP)
- Several hundred dollars in court fees
All in all, a first-time DUI in Ohio could cost you up to $10,000+, and subsequent DUIs can be even more expensive, especially if you are a repeat offender, have been arrested for an extreme DUI, or have caused an accident while driving under the influence.
And that’s just the direct costs – a DUI can also lead to lost wages, legal fees, and other unpredictable expenses that leave you in a deep financial hole.
Should I Hire A Cleveland, OH DUI Attorney?
Hiring a DUI attorney in Cleveland, Ohio, may significantly benefit your case and potentially reduce your penalties. They may also be able to negotiate with prosecutors for reduced charges or alternative sentencing options.
A DUI attorney isn’t a magic wand erasing your charges – but they are well equipped to navigate the complex legal system and help you achieve the best possible outcome for your case. Hiring an attorney can also relieve stress and anxiety, as they will handle all communication with law enforcement and court proceedings on your behalf.
Don’t underestimate the importance of hiring a knowledgeable and skilled DUI attorney in Cleveland, Ohio, if you have been charged with a DUI. They can make all the difference in minimizing the impact of a DUI on your life and future.
Ensure the Best Outcome for Your DUI Case in Cleveland, OH
Getting a DUI or OVI in Ohio on a scooter can have severe consequences for your life, future opportunities, and financial stability. The best way to avoid these consequences is to never drink and drive. However, should you find yourself facing a DUI charge, it is essential to hire an experienced DUI attorney in Cleveland to help save you time, money, and stress in the long run.
If you or someone you know has been charged with a DUI in Cleveland, Ohio, don’t hesitate to seek out the help and guidance of a reputable Cleveland criminal defense attorney having experience in handling DUI cases. You may not make a better decision for your driving future.