Collateral Driver License Considerations – Points

Under Ohio law, the Bureau of Motor Vehicles (BMV) in Columbus is notified when a person is convicted of a traffic offense.  Depending on the nature of the traffic offense the BMV will assess points against the person’s driver’s license.  Points remain on a person’s record for a two year period from the date of conviction.

If a person is convicted of two or more offenses arising from the same facts, the BMV is only allowed to assess points for the offense that carries the most number of points.  Most people, including attorneys, are unaware of this provision.

Once a person has more than 5 points on their record, the BMV will send a warning letter to the person.  The purpose of the warning letter is to notify the person that if they have 12 points within a two year period, their driver’s license will be suspended.  This means that, after the suspension ends, they will have additional reinstatement requirements, including fees.

Points are of particular concern in DUI cases.  This is because a conviction for DUI, also known as OVI, carries 6 points.  If a person is charged with DUI and already has six points on their license within the past two years, they will receive, in addition to any suspension directly associated with the DUI, an additional 12 point suspension.

However, there are ways of avoiding the 12 point suspension.  Even if a DUI case is pending, a person with less than 12 points on their record can take an approved remedial driving class for a two point credit on their record.  This credit is allowed once every three years, up to five total credits in a person’s lifetime.  By completing the class and receiving the credit before a DUI case is resolved, the 12 point suspension can be effectively avoided.

If you’ve been charged with DUI in Columbus, contact an experienced drunk driving lawyer to learn more about the steps you should take to avoid the collateral consequences of a DUI conviction.

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