Penalties For Second OVI/DUI In Ohio
The state of Ohio takes OVI/DUI charges very seriously, especially if it's a repeat offense. Generally, an OVI is considered a "second offense" if you were convicted or pleaded guilty to a prior OVI within the past 10 years. It's important to understand that chemical test refusals also count as a prior conviction as well. The 10 year period usually runs from the date of your first OVI offense to the date of your most recent OVI or refusal charge. Although second DUI penalties in Ohio can be harsh, there are defenses that can be deployed to help mitigate the consequences. By working with an experienced DUI defense attorney , you give yourself the best chance for an optimal outcome in your case. Contact Chris Godinsky at Godinsky Law LLC today for a free consultation and to learn how we can help.
Criminal Penalties For Second OVI In Ohio
In Ohio, driving under the influence is also known as “operating under the influence” (OVI). A second DUI offense in Ohio is a serious charge and can seriously impact your life. If you have been charged with your second DUI or OVI in Ohio, you could be facing a long list of OVI penalties including the following:
"Low-Level OVI" - With a BAC over .08% but less than .17%, you'll face ten to 180 days in jail or five days of jail and 18 days of house arrest with electronic monitoring.
"High-Level OVI" - With a BAC of .17% or higher or a refusal of a chemical test with a prior OVI within 20 years, you'll face 20 days jail time or 10 days of jail and 36 days of house arrest with electronic monitoring
Administrative Penalties For Second OVI In Ohio
If you've been arrested for a second OVI there are additional administrative penalties you may face. If chemical testing shows your BAC exceeds legal limit (0.08%), the arresting officer is required to confiscate your license at the scene, and the Ohio Bureau of Motor Vehicles (BMV) will promptly suspend your driver's license. Additionally, your vehicle can be impounded, rendered immobile for 90 days, and potentially seized permanently. However, you still have options to contest this decision. For example, you'll have 30 days from the date of your arraignment to challenge the BMV suspension. First things first, you must retained a skilled Parma Heights OVI defense lawyer who routinely represents these types of cases and has a track record of successful outcomes.
BAC Over The Legal Limit
If your blood test reveals that you had a BAC of .08% or more, or your urine test shows an alcohol concentration of .110 or more, the Ohio Bureau of Motor Vehicles will suspend your driver's license for one to three years upon conviction. However, after a 45-day "hard suspension" you may be eligible for a restricted license, depending on the circumstances of your case. An experienced DUI defense attorney in Cuyahoga County will know how to best approach a hard suspension and fight for your driving privileges.
Refusal Of A Chemical Test
Although not legally required, if you refuse to submit to a chemical test after being pulled over and suspected of OVI, you will be in violation of Ohio's "implied consent" law. If you refuse chemical testing your driver's license will automatically be suspended for two years, regardless of an OVI conviction. Once again, with the right legal defense strategy, you may still be eligible for a restricted license, but your hard suspension will last for 90 days instead of 45 days like in the previous scenario.
Restricted Driver's License
Following completion of the hard suspension period, you and your OVI/DUI defense attorney can apply to the court for a restricted driver's license. The judge can grant limited driving privileges with requirements that might include restricted hours, special offender license plates, and any other conditions the judge finds appropriate. The judge can also grant unlimited driving privileges if you agree to install an ignition interlock device (IID). However, it's important to understand that the judge is not required to grant you these privileges. That's why it's imperative to have a skilled and aggressive Ohio criminal defense attorney to represent your case. At Godinsky Law, we've handled countless DUI/OVI cases and have the resources and experience you need for a favorable outcome in your case.
Additional Consequences For Second OVI In Ohio
Unfortunately, there are additional penalties for your repeat OVI/DUI convictions in Ohio. These consequences can have a negative impact on other areas of your life apart from the established criminal and administrative penalties. These additional second OVI penalties in Ohio can include the following:
What Is Mayor's Court?
Ohio is unique in the sense that it is the only state that utilizes Mayor’s Courts. In these courts, the mayor or magistrate of the residing town will hear your case. Therefore, if you’ve been arrested for an OVI in Strongsville, Ohio, your case may end up in the Strongsville Mayor’s Court instead of a nearby Municipal Court. If you’re confused about how these court systems work and which option will provide you with the best chance for the optimal outcome in your OVI case, we can help. Chris Godinsky is a veteran when it comes to the many Cuyahoga Courts. Call Godinsky Law LLC today to speak with our Strongsville DUI defense attorney or learn more about the different courts in Cuyahoga, Medina, Lorain, and Summit Counties by clicking the button below.
Learn More About Cuyahoga County Mayor's Courts
Benefits Of Mayor's Court For OVI Cases
You can always ask for your case to be heard in a Cuyahoga County municipal court, however, there are certain benefits associated with having an OVI case heard in Mayor's Court. For example, if you don't like the outcome of a Mayor's Court hearing you can appeal that decision in a municipal court. This essentially gives you and your DUI defense lawyer a second chance at the municipal court level, so you don’t lose anything for having tried Mayor’s Court first.
Another benefit is the familiarity between local attorneys and tendencies that certain Mayor's Courts have when it comes to OVI rulings. Chris Godinsky is a frequent visitor to nearby Mayor's Courts when representing clients and has extensive knowledge about how they typically handle OVI cases and what outcome you can expect. Mayor's Court can potentially provide your Strongsville OVI defense attorney with more freedom to negotiate, especially if you do not have a lengthy criminal history or anything that would indicate that you’re likely to make the same mistake again.
Ohio's Look Back Period For Second DUI Offense
According to Ohio law, previous DUI convictions within a specific time frame will enhance penalties given to those facing a second DUI charge in Ohio. The look back window for OVI/DUI convictions is the last ten years of an individual's criminal history. The ten year look back period begins from the date of your previous OVI/DUI conviction to the date of your current OVI/DUI charge. The look back period previously was only 6 years, but as Ohio law makers aim to increase the emphasis put on these charges, the DUI look back period was extended to 10 years which makes it more likely that your second DUI penalties in Ohio will be much harsher.
Defenses To Second OVI Offense In Ohio
Contrary to common belief, OVI convictions are not final. The prosecution has the burden of proving beyond a reasonable doubt that you the accused was driving under the influence. There are many ways that a second OVI offense in Ohio can be voided, but no two cases are alike. Although the specific defense strategy for your case will require more information, there are some common strategies that a Cleveland OVI defense attorney can use to fight these types of charges.
Unlawful Stop
In order for a police officer to conduct a traffic stop, they must have proper grounds to do so. Therefore, if the police officer did not have reasonable suspicion that a motorist was committing a crime or traffic violation when they pulled you over, then the stop was illegal and the resulting arrest unlawful. At Godinsky Law LLC we will request the police report and body/dash-camera footage of your OVI arrest, to determine whether you violated a traffic law or exhibited other behavior that would justify the traffic stop.
Improper Field Sobriety Test
There are multiple ways to attack the validity of Ohio Field Sobriety Tests. The police may not have had legal grounds to ask you to perform the test. There can also be environmental factors that jeopardize the test’s validity. Most notably, the National Highway Traffic Safety Administration (NHTSA) sets regulations for the Field Sobriety Tests, which police must follow for the test to be valid. The types of field sobriety tests used in Ohio include:
Improper Breathalyzer Test
An skilled second OVI defense lawyer may be able to challenge how the breathalyzer test was administered, the accuracy of its results, whether the particular equipment functioned properly, whether the breathalyzer was certified, or whether the equipment underwent proper maintenance.
Police Failed to Read Miranda Rights
If you were not read your Miranda Rights at the time of arrest, then anything you said after the arrest or while in custody will not be admissible. Although uncommon, there are plenty of instances where an individual was not clearly read their Miranda Rights, and as a result, voids the validity of the traffic stop.
Frequently Asked Questions
In Ohio, if you plead guilty or are convicted of a second offense OVI, you are facing mandatory jail, fines & a license suspension. A second offense low-tier OVI in Ohio for someone over the age of 21, without a CDL, is a First Degree misdemeanor and carries a jail sentence between 10 days and six months. The ten days jail is mandatory and must be served straight through. A work release is not permitted. The mandatory jail time on a second offense, high-tier OVI, is 20 days. A second offense high-tier OVI is also classified as a First Degree misdemeanor, so the maximum jail time is six months.
If your alcohol level is a .17 or above, or .238 (two hundred thirty-eight thousandths) or above in the urine, then you may be arrested for a high test DUI. This is more serious than a low test DUI because the penalties are stricter.
Being convicted of an OVI or DUI charge in Cuyahoga County can be a life-altering experience. Many are concerned about their future, their ability to work, and their freedom following a DUI arrest. Luckily, an experienced Strongsville DUI attorney can help you build a strong defense for your case and present you with the best possible outcome. At Godinsky Law LLC, we focus on several factors in your arrest like why you were stopped, why you may have been tested, or if the tests were conducted properly. Contact us today for a free consultation and allow us to review your case.
Installation fees cost between $200 and $300, while monthly maintenance costs between $100 and $200. There is also a fee for removing the device once you serve your suspension period.
Second OVI Offense? Call Godinsky Law LLC
If you're facing a second OVI offense in Ohio, your future could be at stake. Although these charges are serious, you still have legal options. It's critical that you hire a Strongsville OVI defense attorney as soon as possible. Working with a lawyer who has a successful track record when representing these types of cases is imperative to securing a favorable outcome in your case. Luckily, at Godinsky Law LLC, we can provide you with the high-quality representation you need to protect your legal rights, and fight to clear your name. Whether you were subjected to field sobriety tests or breath tests that were improperly administered, or you are the victim of an illegal police stop, there are defenses available to reduce penalties and potentially have the charges dropped completely. Call Godinsky Law LLC today for a free consultation and to learn more about how we can help.