Second Offense DUI / OVI in Columbus, Ohio

2nd Offense DUI / OVI  Charges in Columbus

The penalties for a DUI/OVI increase in Ohio with each conviction. When you are charged with an OVI in Columbus or anywhere in Franklin County and it isn’t your first DUI, it’s in your best interest to call a Columbus DUI lawyer fast. While a second DUI is always serious, there are ways to reduce or dismiss the charges and clear your name. Your best chance for avoiding harsh penalties with a second offense OVI in Ohio is with help from our experienced Columbus DUI lawyers near you.

Call Luftman Heck & Associates at (614) 500-3836 for a free consultation. A second DUI or OVI offense can potentially destroy your life. Let us create a strong defense for you.

What to Expect after a Second OVI in Columbus

The penalties for a second DUI are much harsher than your first offense if either of the following applies:

• It is your second DUI or low test (.08 to .17) offense
• It is your second OVI or DUI after refusal, or you tested higher than .17 in 10 years

What Happens to Your Vehicle After a Second Columbus DUI/OVI

You could have your vehicle impounded or immobilized. For many people, losing not only their license but access to their car is highly disruptive.

Getting Your Car Out of Impound

If you have the title for the car you were driving, you will be unable to get it out of impound without an entry signed by a judge. Unless there is an error with the Bureau of Motor Vehicles Form 2255, you will be required to relocate and immobilize your vehicle for 90 days.

You Pay for Towing

Since your license is suspended, you must pay a tow truck to bring your vehicle from the impound to your home. A law enforcement officer will then come out and put a club on your car, immobilizing it. Generally, apartment complexes don’t allow clubbed vehicles, so you’ll need to make arrangements.

Restricted Driving Privileges

A judge may eventually grant you limited driving privileges so that you can get to school, work, and doctor appointments. You are not eligible to receive a restricted license within 45 days from the date of the offense.

Your entire life could be dramatically affected and made more difficult by your inability to drive or access your vehicle. There are also the long-term consequences of a second DUI. Unlike an overworked, understaffed public defender, a Columbus DUI lawyer has the resources, time, and experience to devote to your case.

Ohio’s Look Back Period for a Second DUI

Under Ohio law, prosecutors may “look back” for OVI/DUI convictions from the last ten years of a person’s criminal history. These ten years begin from the date of your prior OVI/DUI conviction to the date of your current OVI/DUI charge.

This extended look-back period makes it more likely that your second DUI will have much more severe consequences.

Second OVI/DUI Penalties

If convicted of a second OVI within ten years, the penalties are life-altering. You will probably serve from 10 to 20 consecutive days in jail.

If the jail is overcrowded, you may be sentenced to five to 10 days in jail and 18 to 36 days of electronic home monitoring. The maximum penalty for a second DUI in 10 years is six months in jail.

2nd DUI License Suspension

Additional penalties for a second DUI offense or second OVI charge include a mandatory minimum $525 fine. Your Ohio driver’s license is suspended for a minimum of one year and up to four years.

If the judge allows you restricted driving privileges, you must have an interlock breath device installed in your car, and you may get special “party” license plates. Lastly, you will be required to complete a drug and alcohol assessment and any recommended treatment

How to Avoid Multiple OVI/DUI Convictions

The most effective way to avoid multiple DUI convictions is to consult a Columbus DUI attorney who may be able to negotiate a reduced charge. It is possible to dismiss a second DUI charge even with a prior record when your attorney has built a strong case.

Plea Bargains for Second Offense OVIs

Your attorney may be able to convince the state to reduce your DUI charge to a charge of wet reckless. Reckless driving is a lesser charge that does not have the potential imprisonment, fines, or loss of license as a second DUI.

The prosecution may be more favorable to defendants in certain professions for whom a second DUI charge is more damaging.

Alternative Programs Available for a 2nd DUI

It is also possible that the state may be willing to reduce your criminal charges in exchange for your completion of a drug or alcohol rehabilitation program.

How a Columbus DUI Lawyer Can Help with a Second Offense

Facing a second DUI charge in Columbus, Ohio is serious and should not be taken lightly. Here are several ways a Columbus DUI lawyer can assist you with a second DUI charge:

• Understanding the Charges and Penalties: A second DUI conviction within ten years of the first offense can result in harsher penalties, including mandatory jail time ranging from 10 days to six months, fines between $525 and $1,625, a one to seven-year driver’s license suspension, and the mandatory installation of an ignition interlock device. Your lawyer will help you understand the full scope of these penalties and the charges you face.
• Evaluating Evidence and Challenging Procedures: An experienced DUI lawyer will scrutinize the evidence against you, including the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of breathalyzer or blood tests. Any procedural errors or violations of your rights can be challenged in court.
• Building a Strong Defense Strategy: Your lawyer will develop a tailored defense strategy based on the specifics of your case. This could involve questioning the reliability of the evidence, demonstrating procedural errors, or presenting mitigating factors to the court.
• Negotiating Plea Bargains: In some cases, it may be possible to negotiate a plea bargain with the prosecution. Your lawyer can work to reduce the charges or penalties, potentially resulting in a lesser offense or alternative sentencing options such as probation or community service.
• Representing You in Court: A second DUI offense will likely involve multiple court appearances, including arraignments, pre-trial hearings, and possibly a trial. Your lawyer will represent you throughout these proceedings, ensuring your rights are protected and advocating on your behalf.
• Advising on Post-Conviction Matters: If you are convicted, your lawyer can advise you on complying with court orders, such as completing mandatory alcohol education programs, installing an ignition interlock device, and addressing any issues related to your driver’s license suspension.
• Minimizing the Impact on Your Life: A second DUI conviction can have significant long-term effects on your personal and professional life, including higher insurance premiums, difficulty finding employment, and the stigma of a criminal record. Your lawyer can provide guidance on mitigating these impacts and moving forward after the case is resolved.

By working with a skilled Columbus DUI lawyer, you can ensure that your case is handled properly and is resolved in the best possible way. If you are facing a second DUI offense in Columbus, contact an experienced DUI attorney as soon as possible to begin building your defense.

If your lawyer can negotiate a reduced charge, the possible ways you will benefit include:

• Spend less or no time in jail
• Pay less money in fees
• Have a reduced license suspension
• Avoid the use of an interlock breath system when you drive
• Preserve your professional reputation

If the state is unwilling to work with your attorney to reduce or dismiss your charges, you’ll need to start preparing your defense strategy for trial.

Defenses to a Second-Offense OVI/DUIs

When you face a second DUI offense, it’s essential to reach out to a Columbus DUI lawyer right away. A lawyer can thoroughly investigate your situation and determine whether there are defense strategies that might alter or improve the outcome of your second DUI case.

Some of the more common defenses used in second DUI cases include:

• Incorrect administration of chemical tests
• Being coerced into taking a chemical test
• Lack of probable cause
• Mistake of fact
• Inaccurate chemical test results
• Law enforcement mistakes or misconduct

An experienced attorney is usually your best chance at negotiating for a result that lets you put this situation behind you.

At Luftman, Heck, and Associates, we have extensive experience finding the flaws in DUI cases. Prosecutors in the area know our reputation, which may improve your chances of negotiating a reduced charge.

2nd DUI Charge in Columbus: FAQs

Can I get limited driving privileges after a second DUI?

Limited driving privileges may be granted after 45 days, allowing you to drive to work, school, or medical appointments, but you must install an ignition interlock device.

Can I reduce my second DUI charge to a lesser offense?

Depending on the case details and the prosecution’s willingness, it is possible to negotiate a plea bargain to reduce a second DUI charge to a “wet reckless” or another lesser charge.

How does a second DUI affect my insurance rates?

A second DUI conviction can significantly increase your insurance premiums and may classify you as a high-risk driver.

Can a DUI lawyer help me avoid jail time for a second DUI?

A DUI lawyer can negotiate for alternative sentencing options, such as home monitoring or rehabilitation programs, to reduce or avoid jail time.

Contact LHA to Help Overcome a Second OVI in Columbus

If you were arrested on a second OVI or DUI charge, you might go to jail, lose your license for an extended time, and potentially be banned from certain professions.

Get help from an experienced Columbus DUI lawyer at Luftman Heck & Associates. For a free consultation, call (614) 500-3836 or use our quick contact form.