Is Driving Under Suspension a Jailable Offense in Ohio?
In the state of Ohio, driving under suspension (DUS) is a serious offense that can result in severe penalties, including fines, imprisonment, and even the revocation of your driver’s license. But is it a jailable offense?
The Short Answer
Yes, driving under suspension can be a jailable offense in Ohio. Depending on the circumstances and your prior criminal history, a conviction for DUS can result in a fine and/or a jail sentence of up to 30 days.
The Long Answer
To understand why DUS can be a jailable offense, it’s essential to understand the law and the penalties associated with it.
Ohio Revised Code Section 4511.99
Ohio Revised Code Section 4511.99 outlines the laws related to driving under suspension. According to this section, a person commits the offense of driving under suspension if they operate a motor vehicle on a public road or highway while their driver’s license is suspended, revoked, or otherwise prohibited.
Penalties for DUS
The penalties for DUS in Ohio depend on the type of suspension and the driver’s prior criminal history. Here are the penalties for a first-time offender:
| Penalty | Fine | Jail Time |
|---|---|---|
| Misdemeanor DUS | Up to $250 | Up to 30 days |
| Second or subsequent offense | Up to $500 | Up to 60 days |
Criminal Charges for DUS
In Ohio, driving under suspension is a misdemeanor offense. A misdemeanor conviction can result in a fine and/or a jail sentence. The criminal charges for DUS depend on the type of suspension and the driver’s prior criminal history. Here are the criminal charges for DUS in Ohio:
| Charge | Fine | Jail Time |
|---|---|---|
| First-degree misdemeanor DUS | Up to $250 | Up to 30 days |
| Second-degree misdemeanor DUS | Up to $500 | Up to 60 days |
Aggravating Factors
There are several aggravating factors that can increase the penalties for DUS. These include:
- Prior convictions for DUS
- High-speed driving (exceeding 55 mph)
- Reckless or negligent operation
- Endangering another person’s life or safety
- Operating a vehicle without a valid insurance card
Defenses Against DUS Charges
There are several defenses that may be available to drivers facing DUS charges. These include:
- Lack of knowledge: If the driver was unaware that their license was suspended, they may be able to use this as a defense.
- Valid reasons for suspension: If the driver’s license was suspended for a valid reason, such as an unpaid fine or a court order, they may be able to use this as a defense.
- Proof of insurance: If the driver has proof of insurance, they may be able to use this as a defense.
Conclusion
Driving under suspension is a serious offense in Ohio that can result in severe penalties, including fines and imprisonment. If you are facing DUS charges, it’s essential to understand the law and the penalties associated with it. By using the defenses available to you and presenting a strong case, you may be able to reduce the penalties you face.
