Joe Suhre | October 19, 2016 | Criminal Law
In this second part of a two-part blog I will look at the treatment requirements for Ohio drivers that are convicted of a DUI in Kentucky.
A first offense DUI conviction in Kentucky carries with is a mandatory treatment requirement. The statute provides that a person can face up to 90-days of treatment. The process to determine the length of the actual treatment that is needed is done through as assessment. There are several treatment programs that are approved by the state of Kentucky. These programs will conduct an assessment that lasts approximately 1-hour and based on that assessment makes a determination as to the length of treatment needed. The program is called ADE or Alcohol Drug Education.
In our experience, the programs universally recommend the minimum treatment period of 20-hours. These 20-hours of treatment are completed in once per week meetings. The meetings last approximately 3 hours and are offered at different times of the day and on various days of the week.
The programs will only allow a person to take one class per week. This requirement can be bypassed by requesting an order from the court to allow for an accelerated program. If that order is granted (and they routinely are) the person can take more than one class per week.
The reason this is important is that Kentucky will not reinstate a person’s license or non-resident operating privileges until they have completed the program. This is especially problematic if a person’s license suspension is over but they have not completed the program. When that occurs, the persons limited driving privileges are no longer valid because their license is no longer suspended, but they also don’t have a valid license because they have not completed the alcohol education classes.
An Ohio driver that is convicted of a Kentucky DUI has the option of either attending the ADE classes as described above or they can attend an Ohio program. Ohio’s requirement for a first offense OVI is a 72-hour Driver’s Intervention Program. This program consists of staying in a hotel from a Thursday evening to a Sunday evening and attending classes, counseling sessions, and educational programs during the day. The person is required to stay on site and sleep there. It’s done at a hotel, so its not a ‘lock down’ facility – but they are also no allowed to leave the premises.
The other option an Ohio license holder has is to attend the ADE classes in Kentucky. They can attend them either in an accelerated format or over the normal 7-week schedule. The ADE classes are typically cheaper than the Ohio DIP program and they are more flexible with the time frame. The disadvantage may be that the person is not permitted to drive in Kentucky, so getting to and from the classes in Kentucky can be a problem.
We have located a program in Cincinnati that meets the Kentucky ADE requirements and format. This program, through our advice, was able to get certified by the Kentucky Transportation Cabinet to offer the Kentucky ADE in Ohio. This is a good choice for an Ohio resident who does not want to spend the night at a program but who also cannot or does not want to drive to Kentucky to complete the ADE classes.