Penalties For Third OVI/DUI In Ohio
The consequences for each OVI/DUI offense in Ohio increase with every subsequent charge. Specifically, third OVI penalties in Ohio are harsh and can alter an individual's life forever if convicted. If you have recently been charged with a third Ohio DUI/OVI, you must seek skilled and aggressive legal defense as soon as possible. At Godinsky Law LLC, we specialize in DUI defense and have the resources you need to secure the best possible outcome in your case. Call our office today to speak with Chris Godinsky and receive a free consultation to explain your case and learn more about how we can help.
Criminal Penalties For Third OVI In Ohio
If you are facing a third DUI in Strongsville, Ohio, the penalties you will be facing will be harsher than a first DUI or second DUI OVI offense. As mentioned previously, third OVI penalties in Ohio will also vary depending on the amount of alcohol found in your system or if you refuse to take a chemical test with a prior conviction. A third DUI offense in Ohio is a very serious charge and can seriously impact your life. If you have been charged with your third 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 Third OVI In Ohio
If you've been arrested for a third 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. In the case of BMV license suspension, if you refuse to take a test during the arrest, the overall length of your license suspension will depend on the amount of previous OVI convictions you've had in the past 10 years. The minimum penalty is a 3-year suspension with no privileges for 1 year. However, if you do submit to a test and you are over the legal limit for alcohol or drugs, the suspension length you face is completely determined by the number of convictions you've had in the prior 10 years. For a third OVI offense in Ohio, the period of suspension will be at least 2 years with no privileges for 180 days.
Additional Consequences For Third OVI In Ohio
The third OVI penalties in Ohio don't stop at the criminal and administrative level, there are additional penalties for repeat OVI convictions that many people overlook. These consequences can have a devastating affect on your personal life and permanently alter the ways others perceive you and your character. These additional consequence for a third OVI OVI 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 OVI 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 Third OVI/DUI Offense
According to Ohio law, prior OVI convictions within a specific time frame will enhance penalties given to those facing a third OVI offense 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. Therefore, if you've received 3 OVI convictions within any 10 year period, you will be facing the 3rd OVI penalties set in place by the state of Ohio. The look back period previously was only 6 years, but as Ohio law makers aim to increase the emphasis put on drinking and driving offenses, the OVI/DUI look back period was extended to 10 years which makes it more likely that your third OVI penalties in Ohio will be much more strict.
Defenses To Third OVI Offense In Ohio
Contrary to common belief, OVI charges are not final, and with the right defense, you may be able to reduce the potential consequences. 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 third 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 Strongsville OVI defense lawyer can use to fight these types of charges. Some of the most common defenses that can be deployed include the following:
Frequently Asked Questions
In Ohio, if you plead guilty or are convicted of a third offense OVI, you are facing mandatory jail, fines & a license suspension. These charges are serious, and even more likely since the state of Ohio extended the OVI look back period from 6 years to 10 years. If you're facing 3rd OVI charges, you must seek experienced legal representation as soon as possible. For more information about how we can help, contact Godinsky Law LLC for a free consultation today.
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.
Third OVI Charge? Call Godinsky Law LLC
It may be tempting to just accept your fate if you’re pulled over for a third OVI/DUI in Ohio, but it's important to remember that you still have rights and options available to you. These cases can be defended against, and an experienced OVI defense attorney can help you effectively deploy defense strategies in your favor. 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. I've you're facing a third OVI offense in Ohio, call Godinsky Law LLC today for a free consultation and to learn more about how we can help.