The state of Ohio considers operating a vehicle under the influence (referred to as OVI or DUI) as an extremely serious crime and will prosecute accordingly. This is particularly apparent if the individual accused is dealing with his or her second OVI / DUI charge, after being convicted once before. Although it is easy to tell yourself not to make the same mistake twice, the simple fact is that a second driving under the influence charge is quite common among those who have gotten into trouble before.
Although this may have been a complicated situation or you may in fact have been unfairly treated during the stop, but no matter what the case, a second OVI / DUI offense is very serious in the eyes of the legal system, making it very important that you find a qualified attorney to defend you.
If you are currently dealing with a second DUI offense in the state of Ohio, it is vital that you consider your legal options and discuss your case with a competent criminal defense attorney who understands your predicament and can effectively navigate your case to a favorable conclusion.
Our attorneys at the Tyack Law Firm are experienced and aggressive Columbus OVI attorneys who have the legal understanding and perspective to provide excellent client service. Based out of Columbus, our Tyack Law Firm attorneys focus on helping individuals accused of OVI in Franklin County, Union County, Pickaway County, Madison County, Delaware County, Licking County, and Fairfield County. If you need the legal representation or advice due to a pending OVI charge in Ohio, call the Tyack Law Firm today and (614) 221-1342 to schedule your appointment.
Ohio Revised Code § 4511.19 states that no person shall operate any vehicle, if, at the time of operation they are under the influence of alcohol, a drug of abuse, or a combination of them. The legal limit for an individual’s blood alcohol content in Ohio is .08.
As for the penalties, if convicted of a second OVI offense, Ohio code dictates that you will receive a mandatory minimum of 10 days in jail, with a maximum term of 6 months. You may also be liable to pay a fine of between $300 and $1500. This includes a license suspension of one to five years.
If you take a breathalyzer test and it comes back with a BAC of .17 or more, the potential penalties may double.
Add to this to possibility, if convicted, of increased liability insurance rates, employment problems and professional counseling fees, this will quickly become an expensive offense.
Administrative License Suspension After a 2nd OVI
Ohio law requires, under certain circumstances, that you license be immediately suspended if you refuse to participate in the taking of a sample of your blood, breath, or urine. If you do agree to testing, your license will be revoked if the test shows an above-the-limit BAC level. Considering this is your second DUI offense, the license suspension timeline will double if you refuse.
The driver may petition the court for limited driving privileges any time after the date on the notice of suspension. This petition may be filed in the municipal, county, or in the case of a minor, juvenile court with jurisdiction over the place at which the arrest occurred.
If you or a loved one is currently charged with a second OVI offense in Ohio, it would be in your best interest to discuss the specifics of you case with a capable OVI / DUI attorney who has the ability to maneuver the complexities of the Ohio legal system in order to give you the greatest chance for success in reducing or dismissing this serious charge. Our Tyack Law Firm attorneys are dedicated to resolving legal issues quickly and efficiently, and maintain a comprehensive approach to legal matters along with experienced attention to detail.
Call (614) 221-1342 to talk to one of our Tyack Law Firm attorneys if you have a pending second OVI charge in or around, the cities of Delaware, Powell, Columbus, Dublin, Westerville, Upper Arlington, Gahanna, Grove City, New Albany, Minerva Park, Urbancrest, London, West Jefferson, Newark, Pataskala, Lancaster, Pickerington, Circleville, Ashville, Springfield, Marysville, or Williamsport.