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Facing 2nd DUI charges in Cleveland?

If you have been charged with a 2nd offense DUI or OVI in Ohio, the consequences can be much more serious than a first-time offense. We highly recommend working with an attorney that specializes in helping individuals that have received OVI charges.

Ohio 2nd DUI or OVI Laws

In Ohio, a charge for driving under the influence of drugs and/ or alcohol is typically referred to as “Operating a Vehicle Under the Influence” (OVI). You can be criminally convicted of an OVI offense if you are operating a vehicle with a blood alcohol concentration (BAC) of .08% or more. You can also be convicted if you have a certain concentration of various drugs or a combination of drugs and alcohol. If your ability to drive is impaired due to drugs or alcohol and you fail a breathalyzer test or a blood or urine test, you most likely will be charged with an OVI violation.

When you receive a first offense charge for operating a vehicle under the influence (OVI) of alcohol and/or drugs with no previous suspensions, you will be required to complete certain requirements for a license reinstatement including:

  • Serve suspension as determined by the court
  • Pay a reinstatement fee and
  • Provide proof of insurance that covers the duration of the suspension.

If you then commit and are charged with a second OVI, the consequences are even more severe.

Ohio 2nd DUI Or OVI Penalties

If you have received a second OVI charge in Ohio, the repercussions can also be severe. Having an experienced attorney is crucial to lowering some of these penalties. Some penalties associated with a second OVI can include the following:

  • A fine of $525 to $1,625
  • Imprisonment of 10 days to 6 months in jail
  • One to Two Years of Administrative Drivers License Suspension
  • Court Imposed Drivers License Suspension of 1 to 7 years
  • Ignition Interlock which means that you may have restricted driving privileges after your year of driving suspension.
  • Possible house arrest with electronic monitoring
  • Potential continuous alcohol monitoring
  • Mandatory alcohol and/or drug assessment and treatment programs
  • Possible vehicle immobilization and plates impounded for 90 days
  • Assessed 6 points on drivers license
  • Certain Insurance requirements

Clearly, these restrictions are costly and can impact your family and livelihood. Our office can assist you in working with the judge on sentencing.

Lookback Period For Ohio DUIs And OVIs

In Ohio, a “look back” period is the length of time that a prior DUI / OVI conviction or guilty plea will be factored into your current penalties. In Ohio, there is currently a 10 year “look back” period. So, any previous conviction or guilty plea to DUI / OVI occurring within 10 years of your current DUI / OVI conviction is considered “first offense” under Ohio law. The court will then view your current DUI / OVI charge that is pending a second offense and impose more severe penalties upon conviction or guilty plea.

For example, if you have been charged with a DUI offense, and if you previously were convicted of or pled guilty to a DUI/OVI offense within the last 10 years, instead of the mandatory minimum of 3 days in jail for a first offense, you will receive the mandatory minimum of 10 days in jail for a second DUI offense in Ohio. Your penalties will be even harsher if you have multiple DUI/OVI convictions or guilty pleas within the last 10 years.

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Reinstatement Of Driving Privileges After A 2nd DUI Or OVI

Our team of attorneys can help you with reinstating your driving privileges if you have received a second DUI charge in Ohio. You may have to serve your suspension period, pay your reinstatement fee, and demonstrate proof of insurance. There may be other court requirements you will need to comply with.

Can You Reduce Jail Time From An OVI Offense?

Community Control Sanctions” can be a way for the judge to reduce your jail time. These are sentencing alternatives that can include house arrest, community service, probation supervision, curfew, education, counseling, or other treatment programs. This can be a way for you to get back to work and get the counseling you need as opposed to jail time. As a part of this sentencing alternative, the court can require you to complete a treatment program that can include:

  • At least three days of driver’s intervention program if convicted of a first OVI
  • Five days jail and 18 days house arrest with alcohol electronic monitoring if convicted of a second offense, or
  • 15 days jail and 55 days house arrest with alcohol electronic monitoring for a third offense.

When Should I Contact An Attorney?

We suggest contacting an attorney as soon as possible if you have been charged with a second offense OVI in Ohio. It is critical that you meet all court dates and other requirements. An experienced attorney will help file all appropriate court documents. If you contact our office we can also help work with the details of your case to see if we can reduce the charge and/ or penalties that are imposed. We are here to help you and remove the anxiety from this situation.

Contact us for a free case evaluation today.

Experienced Criminal Defense Lawyer

Cleveland, 2nd DUI or OVI Attorney Near You

Facing 2nd OVI or DUI charges? Worried about what the criminal process will look like? If you are unsure of what to do next and need help navigating Ohio’s OVI and DUI laws, contact The Botnick Law Firm today for a free case evaluation.

Your future is at stake. Call us now to get the help you deserve. An experienced Cleveland OVI and DUI  lawyer can help get you through this.

Contact us today for a FREE consultation.

 

 

 

 

 

 

 

Process step-by-step

  • 01.
    Initial Arrest
    01

    01. Initial Arrest

    The process to charge someone that’s been accused of a crime begins with an arrest. If the police have reason to believe that someone has committed a crime, the accused can be taken into custody. Police will usually start by asking basic questions like name and address to identify a person, and then they’ll often pivot to more specific questions related to the incident. At some point during this, you should have been read your “Miranda warnings.”

  • 02.
    Reading Your Rights
    02

    02. Reading Your Rights

    You have the right to remain silent to avoid disclosing evidence that could potentially be self-incriminating, as well as the right to an attorney to defend you in court. Those are your unwavering rights that must be recited upon taking someone into custody. Take note of when these rights are read to you, as it could be helpful information for your attorney.

  • 03.
    Booking
    03

    03. Booking

    When you’ve been taken down to the station, police will fingerprint you and get your photograph to update their records. Once this is done, you should be granted the opportunity to contact your criminal defense lawyer. If you don’t have a lawyer, get a loved one to book a consultation with a lawyer on your behalf. It’s important that you do NOT disclose any details about your case over the phone with your loved ones, as those calls are monitored.

  • 04.
    Investigation
    04

    04. Investigation

    After you’ve made it through the booking process, the police may begin conducting their investigation with you. Depending on the situation, this might include a personal search, collecting samples, interviewing/interrogating, police lineups, etc.

  • 05.
    Court Appearance
    05

    05. Court Appearance

    You’ll be held at the station until you can be brought before a judge. The initial court appearance will happen within 48 hours or less of the arrest. Here, the judge will review the case and decide if there’s any reason to keep you in holding or if bail can be granted. If bail is granted, you’re allowed to be released upon certain conditions.

  • 06.
    Hearing
    06

    06. Hearing

    Depending on the seriousness of your allegations, you may have a preliminary hearing at which a judge can determine whether enough evidence exists to charge you with that level of crime. You’ll be able to plead “guilty” or “not guilty.” If you plead not guilty, your case will be sent to trial. You may get the opportunity to enter a plea deal. That’s something your attorney will advise you on.

  • 07.
    Discovery
    07

    07. Discovery

    In the discovery stage, the case against you is made much more transparent. The prosecutor will share the evidence they have against you with your defense attorney. During this time, your attorney can make additional requests for evidence if need be. All of the evidence on the table will be considered, and your lawyer will work with you to form the best plan for your defense.

  • 08.
    Trial
    08

    08. Trial

    If a plea deal is unable to be reached, the case will enter trial. During the trial, the prosecutor begins by presenting the case to the jury. They share any evidence they have against you and have witnesses make their statements for the prosecution. This can be tough to sit through. Afterward, it’s your lawyer’s turn to take the stands and share your side of the story. Your lawyer can question the prosecutor’s witnesses and all of the evidence that was used against you. There are many different strategies that your lawyer will use to defend you during the trial.

  • 09.
    Sentencing
    09

    09. Sentencing

    In a best-case scenario, you will have been found not guilty by the end of the trial, and the charges against you have been dropped. If you are found guilty, the judge must determine what your sentence/penalties will be. The sentencing will happen at another hearing, usually a few weeks after your trial ends.

Ohio Felony Sentencing

Degree
Prison TIme
Maximum Fine
First Degree
3-11 years
$20,000
Second Degree
2-8 years
$15,000
Third Degree
9-36 or 12-60 months
$10,000
Fourth Degree
6-8 months
$5,000
Fifth Degree
6-12 months
$2,500

Ohio Misdemeanor Sentencing

Degree
Jail Time
Maximum Fine
First Degree
Up to 180 days
$1,000
Second Degree
Up to 90 days
$750
Third Degree
Up to 60 days
$500
Fourth Degree
Up to 30 days
$250
Minor Misdemeanor
None
$150

Frequently Asked Questions

What happens when you get a second DUI in Ohio?

If you are convicted with a 2nd DUI or OVI in Ohio, you will face steeper penalties than you did with your first conviction. A second OVI does have mandatory sentencing in Ohio.

What is the penalty for a 2nd DUI in Ohio?

Penalties for a 2nd DUI or OVI in Ohio can include:

  • Jail sentence (10-180 days)
  • Fines ($525-$1,625)
  • License suspension (1-7 years)
  • Ignition interlock requirements
  • Restricted “party” plates

How long does DUI stay on record in Ohio?

A DUI or OVI conviction will remain on your record forever in Ohio. Expungement is not a possibility for OVI convictions.

Ohio Courts System

We have successfully represented clients across Northern Ohio. If you are facing criminal charges, we can help you too. Don’t delay. The district attorney is building their case against you right now.

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