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If you are arrested and charged with either a 1) second OVI / DUI impaired or low test (.08-.17) offense or a 2) second OVI / DUI of refusal or high test (greater than .17) offense in 10 years (10 years is counted from the date of your prior OVI/DUI conviction to the date of your current OVI/DUI charge), the initial BMV penalties and penalties upon conviction are much harsher than a first offense OVI.
If the car you were driving is titled to you, 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. This means that you will have to pay for your car to be towed from the impound lot to your house. A law enforcement officer will then come out and put a club on your car. Generally, cars may not be clubbed at apartment complexes.
A judge may grant you limited driving privileges. You will not be eligible for limited driving privileges for 45 days from the date of the offense. Your driving privileges will be limited to work, school and medical appointments. If you are granted limited driving privileges, you will have to drive another car during the 90 day immobilization period.
If you are convicted of a either a second offense DUI impaired or low test or a second offense refusal or high test OVI in 10 years, the mandatory minimum penalties are significant. You will be sentenced to 10-20 days consecutive in jail. Alternatively, if there is a finding that the jail is overcrowded, you may be sentenced to 5-10 days in jail and 18-36 days of electronic home monitoring. The maximum penalty for a second offense OVI / DUI in 10 years is six months in jail.
Additional penalties include a mandatory minimum $525 fine. Your license will be suspended a minimum of one year and up to four years. If you are granted driving privileges during your judicial suspension, you will be required to have an interlock breath device installed in your car and restricted (party) plates as well. Lastly, you will be required to get a drug and alcohol assessment and complete any recommended treatment.
If you’ve been charged with a OVI / DUI, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced Columbus DUI attorney to fight for you in court, please contact us at or via email at email@example.com.