Posted on Monday, September 23rd, 2024 at 4:29 pm
After the police arrest you for DUI in Ohio, when you have a prior OVI conviction, you may worry about the potential consequences of a conviction. In particular, you may wonder about your chances of going to jail for a second DUI. In Ohio, a second OVI conviction within ten years of a prior conviction will result in a mandatory minimum jail sentence, with the trial court having the discretion to impose up to six months in jail for a second DUI. Hiring an experienced DUI defense attorney can help you pursue an acquittal/dismissal of a second OVI charge or minimize the consequences of a conviction. c
Understanding Second DUI/OVI Offenses in Ohio
Ohio law imposes harsher penalties for a second DUI offense within ten years of a prior conviction. A person may commit the offense of operating a vehicle under the influence if they drive with a blood or breath alcohol level of 0.08 percent or more or specific minimum detectable levels of drugs. A second OVI conviction within ten years of a prior DUI conviction carries penalties that include:
- Minimum ten days in jail, or a minimum five days in jail and 18 days of house arrest electronic monitoring/continuous alcohol monitoring, with a maximum sentence of six months
- Fines of $525 to $1,625
- Alcohol/drug assessment and mandatory treatment as recommended by the assessment
- One-to-seven-year driver’s license suspension, with eligibility to seek restoration of privileges after 45 days
- Ignition interlock device requirement for an alcohol-related conviction (optional for drug-related convictions)
- Optional vehicle plate requirement
- 90 days of vehicle immobilization
However, penalties for a second OVI conviction within ten years of a prior conviction when driving with a BAL of 0.17 percent or more or after refusing chemical testing with a prior refusal within the past 20 years include:
- Minimum 20 days in jail, or minimum ten days in jail and 36 days of house arrest electronic monitoring/continuous alcohol monitoring, with a maximum sentence of six months
- Fines of $525 to $1,625
- Alcohol/drug assessment and mandatory treatment as recommended by the assessment
- One-to-seven-year driver’s license suspension, with eligibility to seek restoration of privileges after 45 days
- Ignition interlock device requirement for an alcohol-related conviction (optional for drug-related convictions)
- Vehicle plate requirement (optional for a chemical refusal)
- 90-day vehicle immobilization
Factors That Influence Sentencing for Second DUI/OVI Convictions
The specific sentence for a second DUI/OVI conviction in Ohio will depend on the facts and circumstances of the case. These include:
- The defendant’s blood/breath alcohol level at the time of arrest
- The defendant’s criminal history
- The defendant’s acceptance of responsibility
- Aggravating factors surrounding the offense, such as reckless driving or causing an accident
How Can an Attorney Help You Avoid or Reduce Jail Time for a Second DUI/OVI?
When you get arrested for a second DUI in Ohio, an OVI defense attorney from Moermond & Mulligan, LLC can help you minimize the consequences of an arrest and seek a favorable outcome to your case by:
- Investigating your charges to recover evidence that can help build a compelling defense strategy
- Evaluating your legal options for resolving your case
- Explaining the potential consequences of a second DUI conviction to help you make informed decisions at each stage of your case
- Challenging the prosecution’s evidence by filing motions to exclude or dismiss your charges as appropriate
- Vigorously pursuing the best possible outcome to your charges, even when that means taking your case to trial
Defenses in Second DUI/OVI Cases
A person facing a second DUI/OVI offense in Ohio might pursue various factual and legal defenses, such as:
- Lack of evidence: A defendant may fight a DUI charge by asserting that the prosecution lacks sufficient evidence to prove the defendant’s intoxication or that the defendant operated or had control of a vehicle while intoxicated.
- Unreliable field sobriety/chemical testing: Defendants may challenge field sobriety or chemical test results by arguing that officers failed to follow testing protocols or used uncalibrated testing equipment.
- Unlawful traffic stop: A defendant may seek to exclude evidence in a DUI case by arguing that police stopped their vehicle without reasonable suspicion or probable cause to believe the defendant committed a DUI, a traffic violation, or another criminal offense.
A defendant may also seek to overturn a prior DUI conviction through an appeal or post-conviction proceeding, which can turn a second DUI charge into a first-time charge.
Contact a DUI/OVI Defense Attorney Today
Are you facing prosecution for a second DUI/OVI offense? If so, you need experienced legal counsel to help you resolve your charges favorably. Our attorneys at Moermond & Mulligan, LLC have the legal knowledge and have a proven track record of success. Call our law firm today at (513) 421-9790 for a free consultation. Let our Cincinnati OVI defense lawyers protect your rights, reputation, and future from the consequences of a second DUI conviction.