Second Offense
The courts are less forgiving when you are charged with a second DUI / OVI offense. You could face additional time behind bars, hefty fines and an extended license suspension. If this is your second time being accused of DUI / OVI, you will need legal representation from a firm with proven experience defending OVI in the Ohio courts.
Time is of the essence when it comes to planning a strategic defense for a DUI / OVI case. The sooner you contact a DUI defense lawyer, the better your chances of a more favorable outcome in court.
Columbus, OH Second DUI Defense Attorney
The attorneys with Joslyn Law Firm always strive to answer the question, “What can we do to facilitate the best possible outcome for you?” We are eager to speak with you more about the specifics of your DUI / OVI case. Call to schedule a confidential consultation.
Joslyn Law Firm represent clients in central Ohio counties such as Franklin County, Delaware County, Union County and Madison County.
Information Center
- Ohio DUI / OVI Laws
- Penalties for Second Offense in Ohio
- Ohio Implied Consent Laws
- What is Physical Control?
- Additional Resources
Ohio DUI / OVI Laws
Ohio has laws in place to protect the public from drunk drivers. These laws are listed in the Ohio Revised Code under section 4511.19. This section includes what the state considers to be intoxicated driving, penalties for the offense and other DUI / OVI crimes.
Under this section, it is illegal for any person to operate a vehicle, streetcar, or trackless trolley in Ohio if any of the following apply:
- Under the influence of alcohol, a drug of abuse, or a combination of both.
- Have a BAC of .08 % or more
- Have a concentration of the following controlled substances:
- Amphetamine
- Cocaine
- Heroin
- LSD
- Marijuana
- Angel dust
- Methamphetamine
Penalties for Second Offense in Ohio
If this is your second DUI / OVI offense, then you know how unforgiving Ohio law can be to those caught operating a vehicle under the influence. A second DUI / OVI is a first-degree misdemeanor. The extent of the penalties will depend on whether your chemical test was low or high.
For a second DUI / OVI with a BAC below 0.17, you could face the following penalties:
- A minimum of 10 days but up to six months in jail
- A fine ranging from $525 to $1,625
- Mandatory alcohol and drug assessment
- A driver’s license suspension for one to four years
- Restricted driving plates (Yellow plates)
- 90-day vehicle immobilization if the vehicle is registered in your name
For a second DUI/ OVI conviction with a BAC over 0.17, you could face the following penalties:
- A minimum of 20 days but up to six months in jail
- A fine ranging from $525 to $1,625
- Mandatory alcohol and drug assessment
- A driver’s license suspension for one to four years
- Restricted driving plates (Yellow Plates)
- 90-day vehicle immobilization if the vehicle is registered in your name.
Ohio Implied Consent Laws
Ohio has laws that require you to submit to a chemical test when you are arrested for DUI / OVI. Such test can be of your blood, urine or breath. You have the right to refuse chemical tests, and it’s advised you do. Refusing will result in a license suspension, but prosecutors will not have scientific evidence proving you drove while under the influence.
Implied consent laws are listed under section 4511.191 of the Ohio Revised Code, and they are as follows:
(2) Any person who operates a vehicle, streetcar, or trackless trolley on a highway, private or public property used by the public for vehicular travel or parking within Ohio or who is in physical control of a vehicle, streetcar, or trackless trolley is required to consent to a chemical test or other test to determine the level of alcohol, drug of abuse or controlled substance in their system.
(3) Any chemical test or test under section 4511.191 shall be administered at the request of the police officer who has reason to believe the driver was operating or in physical control of a vehicle, streetcar or, trackless trolley.
Your license will be suspended for a year the first time you refuse a chemical test. The second offense of refusal is a two-year license suspension, while a third refusal is a three-year suspension. Any subsequent refusal is penalized with a five-year license suspension.
If you are found behind the wheel of a vehicle while under the influence, but the vehicle is stationary, you are considered to be in physical control. If you are intoxicated and in the driver’s position of the front seat and have possession of the keys, you could be charged with physical control.
This charge typically occurs when someone decides they are too intoxicated to drive home, so instead, they sleep it off in their car. Physical control is a first-degree misdemeanor. There are no mandatory minimum penalties, but you could spend up to 180 days in jail, a fine of up to $1,000 and a possible license suspension of up to one year.
Additional Recourses for Second DUI/ OVI Offense
Ohio OVI Laws | Ohio Revised Code– Follow this link to the Ohio Laws and Rules website. You can gain access to the complete text of the section of the Revised Code governing OVI laws in Ohio. You can also learn more about how the crime is punished and the precise legal definition of operating a vehicle under the influence.
Physical Control while Under the Influence | Ohio Revised Code– Learn more about physical control in Ohio. You can read how the state defines the crime and how it’s penalized. The code can be read on the Ohio Laws and Rules website.
Columbus DUI Defense Lawyer
Joslyn Law Firm will exhaust all of its resources to achieve the best possible outcome for your situation. Schedule a confidential case consultation with us. Call.
We represent clients in counties that include Pickaway County, Fairfield County, Licking County and numerous others.