Dale: People don’t understand. There are two different suspensions, and even a lot of judges and prosecutors don’t understand the difference. There are two different suspensions to go along with an OV charge.
One is the administrative license suspension, which comes from the Ohio Bureau of Motor Vehicles. It has nothing to do with the court. That’s strictly executive branch. Also, that can occur pre-trial.
After the case is over, if you get a suspension that is a court-ordered suspension, it’s different. That’s the OVI suspension. If you get one before you’re convicted it’s just an ordinary Driving Under Suspension charge, even though many times clients have been charged with Driving Under an OVI Suspension. It’s the wrong charge, and the difference is extremely significant.
Driving Under the OVI Suspension Versus Driving While Suspended
Interviewer: You talked about Driving under OVI Suspension, but what is the difference between that and just Driving While Suspended?
Dale: Driving under suspension is an unclassified misdemeanor. The penalties do not involve any jail time. You will be required to pay a fine. Also, it is a two-point offense. The court can give you some community service. There’s a big difference between driving under what they call the administrative license suspension, and driving under an OVI suspension.