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Second Offense DUI / OVI in Ohio

In Ohio, penalties for a DUI/OVI increase with each conviction. If you are charged with a DUI/OVI in Ohio and have been convicted once before, you should know that your rights and future are on the line. For a chance at reducing the penalties of your second DUI, you should reach out to our highly skilled Columbus DUI lawyers at .

What to Expect If Arrested and Charged with a Second Offense DUI/OVI

The penalties upon conviction are much harsher than a first-time offense if you are arrested and charged with either the following:

  • A second DUI impaired or low test (.08-.17) offense
  • A 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)

In the event 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.

While a judge may eventually grant you limited driving privileges so that you could get to school, work, and doctor appointments, you will not be eligible for 45 days from the date of the offense.

Consequences for a Second OVI/DUI Conviction in Ohio

If you are convicted of either a second offense DUI impaired or low test or a second offense refusal or high test OVI in 10 years, the penalties are life-altering. You will be sentenced to 10 to 20 days consecutive in jail. Alternatively, if there is a finding that 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.

Additional penalties for a second offense DUI 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 you may get restricted (party) plates as well. Lastly, you will be required to get a drug and alcohol assessment and complete any recommended treatment.

How to Avoid Multiple OVI/DUI Convictions

The most effective way to avoid multiple OVI/DUI convictions is to take preventive measures to make sure you do not get behind the wheel while you are under the influence. If you are at a social function and drank too much to drive, call a friend or family member to pick you up, invest in a cab or ride-sharing service, or simply stay the night. You can also select a designated driver that you can trust to get you home safe and sound.

In addition to preventive measures, you can consult a DUI attorney who may be able to negotiate a reduced charged. Keep in mind that while it may be possible to dismiss your charge, if you’ve been convicted an OVI/DUI in the past, the prosecution will be more likely to reduce it if an attorney has built a strong case for your 2nd offense DUI. With a reduced charge, you may spend less time in jail and owe less money in fees. You may also have your license suspended for a shorter period of time, and you may not be required to use an interlock breath system when you drive.

Defenses to a Second Degree Offense OVI/DUI

When you have been arrested for a DUI second offense, it’s essential to reach out to a DUI lawyer right away. Since you are innocent until proven guilty, a lawyer can thoroughly investigate your situation and determine whether there are defense strategies that could be used to improve the outcome of your 2nd DUI case.

If there were errors in the administration of your chemical tests, you were coerced into taking a test you did not consent to, the stop by the police officer was unlawful because they did not have reasonable suspicion to pull you over, or the facts of your case simply do not support your DUI charge, your charges may get reduced or dismissed.

Contact a Columbus DUI Attorney

If you’ve been charged with a second DUI, it’s important to know what you’re up against. If you have any questions or if you need a highly skilled Columbus DUI attorney to fight for you in court, please contact Luftman, Heck, & Associates at .

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Luftman, Heck & Associates LLP
580 E Rich St Fl 2
Columbus, OH 43215-5335


FAX: (614) 413-2886