Dui-bac
My ex got into a motorcycle accident and he had been drinking. No one else was involved and the police ordered a BAC from the hospital. He said they cannot charge him because he did not agree to it. This man has no license from prior DUI's (6 in all). He is currently on probation in Fairfield County for a DUI he bargained down. The terms were no DUI's until 2012. He has no insurance and Michigan has a holder on his license from prior DUI's. He is also on parole with the State of Ohio. Is he up a river without a paddle? His court date is soon and I don't think he plans on showing up. Will that cause more issues? How far back can they go to increase the sentence? He spent 7 years incarcerated, so he has no DUI's during that time. His DUI's are all over Ohio in various counties, dating as far back as 1992. How far back will the courts go? Will they make him notify the other County he is on probation with and notify his parole officer? I tried to help this man, but this has gotten the best of him.
1 Answer from Attorneys
Re: Dui-bac
Your ex is facing a lot of issues, to say the least. He could be charged with both driving without a valid license and without insurance, in addition to the DUI. As far as the BAC test, if you drive upon the roads in Ohio you are presumed to have given your permission to be tested. If he fails to show up at his hearing, the judge will likely issue a bench warrant for his arrest.
As far as charging him for the DUI (there are some statutory penalties for subsequent DUI convictions), the prosecutor will look back at the previous 6 years. However, for sentencing the judge can look at all his previous DUIs and criminal history when determining whether to give jail time and how much.
It is likely that this case will be reported to his parole officer by the Court, and that Fairfield County will also bring him in to face charges for violating his probation there.
Your ex should definitely try to get an attorney to help him. He is looking at very serious charges and possibly substantial jail time.
If you have any further questions, feel free to contact me.
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