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Contact our team or call (513) 333-0014 right away for a free initial consultation. You don’t have to go through this alone. You deserve an aggressive defense lawyer to protect ALL your constitutional rights.
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How Can Suhre & Associates, LLC Help With a Second Offense DUI in Cincinnati?
A first DUI offense is scary enough. If you are facing a second DUI, you might feel even more overwhelmed. The penalties for DUIs increase with each subsequent conviction. You need a Cincinnati criminal defense lawyer to defend your case.
Ohio 2nd time DUI offenders know exactly who to turn to for help in Cincinnati, Ohio. Suhre & Associates, LLC DUI Lawyers are at the cutting edge of DUI defense. We have helped countless clients achieve successful outcomes and want to use our experience to help you too.
When you decide to hire us, we get to work on your case, handling important things such as:
- Asserting your Miranda Rights
- Filing motions to suppress evidence
- Working with experts to challenge laboratory evidence
- Negotiating with the prosecutor for dismissal of charges
- Fighting for you at trial
If you are facing Second Offense DUI, don’t make the mistake of thinking this will just go away. The prosecutor won’t go easy on you; prosecutors are in the conviction business and Suhre & Associates, LLC is in the acquittal business. Contact us today for your free consultation.
How Does the Prosecution Prove Second Offense DUI?
Second offense DUI has four elements that need to be proven to a jury beyond a reasonable doubt.
These four elements are:
- Operated a vehicle
- Under the influence of an intoxicant
- You have one prior conviction for DUI
The State will try to introduce different kinds of evidence to prove these individual elements. A common example is biological evidence that your blood alcohol content (BAC) exceeded the legal threshold of .08 while driving.
In Ohio, the State doesn’t need to prove you were actually impaired, they can simply prove that your BAC (or drugs in the blood) exceeded the legal limit. This is enough to satisfy the third element under Ohio law.
What are the Penalties for a Second Offense DUI in Cincinnati, Ohio?
In Ohio, a 2nd time DUI conviction is classified as a misdemeanor of the first degree.
A conviction or guilty plea to a second offense DUI carries the following penalties:
- Minimum of 10 days jail, maximum of six months jail
- A fine of up to $1,625.00
- Driver’s license suspension for a minimum of one year, maximum of seven years
- A possible period of house arrest with electronic and alcohol monitoring
- Mandatory completion of addiction assessment and treatment program
Factors such as your past criminal record, refusal to take a field sobriety test, BAC, and the dangerousness of your conduct can all aggravate a sentence and increase jail exposure (a .17 increases mandatory minimum to 20 days).
Losing a driver’s license is often one of the worst parts of a DUI conviction. Fortunately, driving privileges are sometimes granted conditionally after a DUI conviction for very limited uses, such as getting to work or taking a child to school. Suhre & Associates, LLC can work with you to try to obtain limited driving privileges.
If convicted, your jail sentence can sometimes be reduced in exchange for house arrest with monitoring.
What Defenses are Available to Second Offense DUI?
DUI cases are unique because the police are supposed to follow strict guidelines and constitutional rules through each step of their interaction with the accused. One misstep by police can result in evidence being dismissed as unlawful fruit of a constitutional violation.
Our team of former cops and prosecutors is highly skilled at identifying poor police practices and constitutional issues.
While every case is different, some DUI defenses include:
- Challenging the traffic stop
- Challenging how the police obtained evidence and statements
- Challenging the scientific validity of field sobriety tests
- Challenging laboratory evidence
There are many challenges not on this list that could apply to your case as well. Suhre & Associates, LLC is passionate about DUI defense in Cincinnati, and we can help you fight back.
Contact Our DUI Attorney in Cincinnati, OH at Suhre & Associates, LLC For a Free Consultation
Ohio 2nd time DUI offenders know exactly who to call in Cincinnati, Ohio. Suhre & Associates, LLC’s DUI lawyers are the go-to professionals to help people through DUI cases. We fight hard, and our reputation for winning precedes us. Contact us right away for a free consultation.