If you’ve been charged with a second misdemeanor OVI in Ohio, the penalties can be much more severe than your first conviction. State law treats repeat offenses seriously, and the consequences can include mandatory jail time, higher fines, and more.
Learning about what you’re up against, in addition to how a criminal defense lawyer can help, is crucial to protecting your rights and your future. Read on for the information you need to know.
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How Ohio Defines an OVI
Under Ohio Revised Code § 4511.19, it’s illegal to operate a vehicle while “under the influence of alcohol, a drug of abuse, or a combination of them.” A person is considered impaired if their blood alcohol concentration (BAC) is 0.08% or higher for most drivers.
If you’re charged with DUI, known in Ohio as “Operating a Vehicle Under the Influence of Alcohol or Drugs” (OVI), the penalties depend on how many prior offenses you have within a specific time frame. A second misdemeanor OVI within 10 years of the first one carries mandatory penalties that judges normally cannot reduce.
Minimum and Maximum Penalties for a Second Misdemeanor OVI
A second OVI offense in Ohio is typically classified as a first-degree misdemeanor, which comes with both mandatory and discretionary penalties.
If convicted, you could face:
- Jail time: A minimum of 10 consecutive days up to a maximum of 6 months in jail
- Fines: Between $525 and $1,625
- Driver’s license suspension: From 1 to 7 years, depending on the circumstances
- Yellow license plates (“party plates”): Required for most second offenses, these special plates identify the driver’s vehicle after reinstatement
- Ignition interlock device (IID): The court may require you to install an IID that prevents your car from starting until you pass a breath test
- Probation/community control: The court may impose alcohol treatment and regular monitoring as part of this
If your BAC was 0.17% or higher, you’ll likely face even harsher penalties, including additional jail time and longer license suspensions.
Administrative License Suspension
Apart from criminal penalties, Ohio law also imposes an Administrative License Suspension (ALS) if you fail or refuse a chemical test at the time of your arrest.
These suspensions begin immediately after arrest, before your case goes to court. However, your attorney can request a hearing within 30 days to challenge the ALS.
Vehicle Impoundment and Immobilization
Ohio courts can also order the impoundment of your vehicle for a second OVI within 10 years. If the car is registered in your name, it may be immobilized for 90 days following conviction.
In some cases, the court may require you to transfer the vehicle’s title to another party and restrict you from operating any vehicle without an ignition interlock device.
Alcohol and Drug Treatment Requirements
Ohio law emphasizes treatment for repeat OVI offenders. After a second conviction, judges often require completion of a mandatory alcohol and drug assessment. Depending on the results, you may have to attend a treatment program or driver intervention course.
Successfully completing these programs can sometimes help reduce additional penalties, such as the length of your license suspension and/or probation period.
The Long-Term Consequences of a Second OVI
Beyond fines and jail time, a second OVI conviction can affect nearly every area of your life.
You may face:
- Higher insurance premiums and difficulty obtaining coverage
- Employment problems if your job requires driving
- Professional licensing issues, including possible disciplinary action
- Difficulty traveling, particularly to countries with strict entry laws for OVI offenders
Since OVI convictions can remain on your criminal record indefinitely, they can also influence future sentencing if you are ever charged again.
What Defenses Are Available Against a Second OVI Charge?
Regardless of whether you’ve previously been convicted for an OVI, you still have the right to defend yourself against the new charges you’re facing.
Possible defenses your attorney may be able to raise include:
- Unlawful traffic stop: Police must have reasonable suspicion to pull you over
- Faulty chemical testing: Breathalyzers and blood tests can produce inaccurate results if they are not properly administered
- Violation of your rights: If officers failed to read your Miranda rights or conducted an illegal search, key evidence against you may be thrown out
- Lack of probable cause: Your lawyer can challenge whether there was enough evidence to justify your arrest
In some cases, your attorney may be able to negotiate to have your charges reduced or dismissed. However, this kind of outcome cannot be guaranteed and will depend on the facts of your situation.
Contact the Cincinnati OVI Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
A second OVI conviction in Ohio carries serious consequences that can impact your freedom dramatically. However, being charged is not the same as being convicted.
An experienced Cincinnati OVI defense attorney at Suhre & Associates DUI and Criminal Defense Lawyers can help you navigate the process and work toward as favorable an outcome as may be available under the law.
Schedule a free consultation today at (513) 333-0014 to get started with your case.
