The penalties for OVI will increase with each subsequent conviction. While a first OVI may not carry harsh consequences, the penalties associated with second OVI may be steeper than you think. In the state of Ohio, there are mandatory minimum penalties that come along with a second OVI conviction, including court fees, fines, a driver’s license suspension, and time spent in jail.
Operating a vehicle while intoxicated poses a threat to the countless drivers who depend on Ohio streets and freeways on a daily basis. Because of this, OVI laws are heavily enforced.
Being charged with a 2nd OVI can seriously damage your future. Your independence and daily productivity will be hindered by having your license suspended, and you will be subject to mandatory fines and jail sentences. If you are accused of operating a vehicle while impaired, you need to reach out to a criminal defense attorney as soon as possible. Charges and accusations can be frightening at first, but aligning yourself with an experienced lawyer can help you avoid the mandatory penalties that will come along with a second OVI conviction.
Sabol Mallory has everything you need to fight your second OVI charges. With years of experience providing legal representation to individuals who are in need of criminal defense, our attorneys have what it takes to help the citizens of Ohio fight their criminal charges. Led by attorneys Dan Sabol and Chase Mallory, our law firm provides elite legal counsel to the people who count on us to represent them in a court of law. Serving Delaware County, Pickard County, Fairfield County, and other surrounding areas of Columbus, we are ready to help you build a quality defense that can help you dismiss or reduce your charges. Call us today at 614-300-5088 for more information on our services. You can also reach us by visiting our online contact page.
Types of Second OVI Charges in Ohio
There are different types of second OVI charges, and each has its own unique set of penalties, typically dependent on the defendant’s blood alcohol concentration level and history of OVI offenses.
A second OVI charge will carry less severe consequences if the defendant’s BAC level is found to be below .17. If convicted of a second OVI with a BAC below .17, individuals can expect to face a minimum of 10 days in jail, with a maximum jail sentence of 6 months. If the court sentences an individual to serve the minimum jail sentence of 10 days but it is determined that there is inadequate jail space, the defendant can expect to spend 5 days in jail as well as 18 days of house arrest. In addition to this, there will be a minimum fine of $525 (and a maximum of $1,625), and the defendant will be subject to mandatory attendance of alcohol-related treatment programs. They will also be subject to a 1-year minimum driver’s license suspension.
There are slightly different consequences of being convicted of a Second OVI while having a BAC that is above or equal to .17. If convicted of this offense, the defendant will be subject to a 20-day minimum prison sentence (the maximum sentence is 6 months behind bars). If the court determines that there is inadequate jail space, the individual will be sentenced to 10 days behind bars plus an additional 36 days of house arrest. There will be a fine between $525 and $1,625, as well as a mandatory alcohol-related treatment program, a minimum driver’s license suspension of one year, and 90 days of vehicle immobilization.
According to ORC Section 4511.19, an individual that is convicted of an OVI after having one prior conviction within the last six years will be subject to a Class 4 suspension. This means that the individual’s driver’s license will be suspended for one to five years. In addition to this, they will also be subject to the installation of a mandatory ignition interlock device if their OVI conviction is a result of alcohol consumption. Upon receiving notice of an administrative license suspension, drivers in Ohio have the right to file a petition for restricted driving privileges. Individuals who have been barred from operating a motor vehicle but need their driving privileges to go to work, school, or complete other essential tasks may be able to submit a petition to the court in hopes of being granted limited driving privileges for the duration of their suspension.
Ohio BMV - This link takes you to the official website of the Ohio Bureau of Motor Vehicles. Here, you can learn more about driver’s license suspension, reinstatement, vehicle registration, and driver training in the state of Ohio.
OVI Chart - This link takes you to an impaired driving law chart created by Garfield Heights Municipal Court. This resource will provide you with information in regards to penalties for refusing a chemical test, failing a chemical test, and the consequences of different OVI-related charges.
If you are ever charged with second OVI, t is important to educate yourself on the different types of second OVI charges and penalties. The more you know, the more prepared you will be to handle this predicament in a court of law. However, it is also important to remember that the best thing you can do for yourself is to hire a criminal defense attorney as soon as possible.
At Sabol Mallory, we have everything you need to fight your OVI charges. Our law firm is led by experienced criminal defense attorneys with proven track records of helping Ohio citizens dismiss or reduce their charges. Alongside a fully staffed team of legal experts who all have a passion for providing a legal defense, you can count on our firm to help you whenever you are in need of representation. Call us today at 614-300-5088 to schedule your free initial consultation. You can also reach us by visiting our online contact page. Once we receive your submitted form, a member of our team will contact you to learn more about your case.