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Third Offense

Being convicted of a DUI / OVI can have serious consequences, but the penalties get progressively worse if you have any prior convictions. If this is your third DUI / OVI offense, you should consider seeking legal representation from a Columbus DUI defense attorney.

This is of the essence when you are arrested for a third DUI/ OVI. Planning a defense can be the difference between becoming a convicted criminal and keeping a clean record. 

Columbus, OH Third DUI Defense Attorney

Joslyn Law Firm has been nationally recognized for its achievements in DUI defense. Let us use this experience to your advantage. Call to schedule a confidential consultation.

We represent clients in counties across central Ohio. These counties include Franklin County, Delaware County, Union County and various others.

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DUI Laws in Ohio

The laws for DUI / OVI are listed under section 4511.19 of the Ohio Revised Code. Under this section, the state establishes it’s illegal for any person to operate a vehicle, streetcar, or trackless trolley under any of the following conditions:

  • Under the influence of alcohol, a drug of abuse, or a combination of the two.
  • With a BAC of 0.08% or more per 10 liters of breath
  • With a concentration of any of the following controlled substances:
    • Heroin
    • Cocaine
    • LSD
    • Amphetamine
    • Marijuana
    • Angel dust
    • Methamphetamine

Ohio is an implied consent state. By driving on the state’s roadways, you agree to chemical testing by law enforcement. It’s advised you always refuse these test. Law enforcement will threaten to take your license away, but it will be taken away regardless if you refuse.

You will still be arrested, but prosecutors will lack the crucial evidence needed to convict you of the crime.

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Penalties for Third DUI / OVI in Ohio

The mandatory minimum penalties for a third DUI / OVI is substantial. If your BAC was over more than .08 but less than .17, you will be sentenced to a minimum of 30 days behind bars. An OVI test of .17 or higher is penalized by a minimum of 60 days in jail.

A third DUI / OVI conviction can also entail penalties such as:

  • A fine between $850 and $2,750
  • A license suspension for two to 12 years
  • Restricted driving plates (Yellow plates)
  • The installation of an ignition interlock device.

An interlock ignition is a device installed in your vehicle to measure the alcohol in your system. Before the vehicle starts, you will be required to blow into the device. If your BAC is too high, the vehicle will not start. The device may also require you to pull over and submit a test while driving. Failing to do so will cause the vehicle’s lights to flash and the horn to sound.

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Ohio’s Look Back Period

You might be impacted by Ohio’s look back period if this is your third DUI / OVI charge. A look back period is the amount of time between previous DUI / OVI convictions or guilty pleas and your current offense. This amount of time is a factor used by the court to determine the penalties for your current offense.

Before 2017, the state’s look back period was six years, but when House Bill 388 and 436 was enacted, the period was increased to 10 years. This means if your current conviction occurred less than 10 years after your previous conviction or guilty plea, you could face heighten penalties.

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DUI/ OVI Checkpoints in Ohio

Ohio is one of the many states in the country that conducts sobriety checkpoints. These checkpoints are established at certain locations and times, such as special events and holiday weekends. These locations are temporary, and law enforcement is required to publicize the checkpoint ahead of time.

When law enforcement is working a DUI / OVI checkpoint, they will stop every vehicle passing through. They will then question the driver about drinking and where they’re driving. If the officer believes a driver is under the influence, they will be detained and asked to submit to a field sobriety test and breath test.

The primary goal of sobriety checkpoints is to deter intoxicated driving. If you believe you were unjustly arrested and accused of DUI / OVI at a sobriety checkpoint, contact Joslyn Law Firm. We can review the related records and determine if the operation was following established guidelines.

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Additional Resources for Third DUI / OVI Offense

Ohio DUI Checkpoints– Follow this link to learn more about current DUI checkpoints in Ohio. The site features an up to date list of sobriety checkpoints by city and county. The list can be viewed on DUI Block.com.

Ohio OVI Laws | Ohio Revised Code– Visit the Ohio Laws and Rules website to read the full text of the statute governing OVI in the state. You can familiarize yourself with how the state defines OVI and the penalties that come with it.

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Columbus DUI Defense Lawyer

A strong DUI defense can be the difference between going to jail and going home. Exercise your right to legal counsel and contact Joslyn Law Firm. Call to schedule a confidential consultation.

We represent clients in counties in central Ohio that include Madison County, Pickaway County, Fairfield County, Licking County and many others.

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