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3rd Offense DUI & OVI Charges in Columbus, Ohio
The penalties for a third Driving Under the Influence in Columbus are substantial. However, you can contact an experienced DUI lawyer near you may to help avoid the harshest of these penalties. While you should never take a 3rd DUI in Columbus lightly, your case is far from hopeless. Our defense attorneys look for weaknesses in the prosecution’s case and even errors in your arrest or chemical test.
Luftman, Heck, and Associates have an impressive record of getting positive results for people accused of multiple impaired driving offenses. We want to help you get the best possible outcome. Call (614) 500-3836 anytime, 24/7 to schedule a free and confidential consultation.
What to Expect if You’re Charged with a Third OVI in Columbus
Facing a third OVI charge in Columbus, Ohio, carries severe penalties, including a mandatory minimum jail sentence of 30 to 60 days and up to one year. Additional consequences include fines starting at $850, a driver’s license suspension of two to ten years, and mandatory participation in an alcohol or drug addiction program. Your vehicle may be immobilized for 90 days, and in some cases, you may face vehicle forfeiture. You may also be required to use an ignition interlock device and display restricted “party” plates on your vehicle, significantly impacting your daily life and mobility.
Given these substantial penalties, it is crucial to seek the assistance of an experienced Columbus DUI lawyer immediately. A knowledgeable attorney can help by investigating the circumstances of your arrest, identifying any procedural errors or rights violations, and potentially negotiating for reduced charges or a plea agreement. They can also represent you in court, aiming for an acquittal or the best possible outcome, and advise you on complying with court orders to minimize the impact on your personal and professional life. Engaging a skilled DUI lawyer increases your chances of avoiding the harshest penalties and protecting your future.
Penalties for a Third DUI in Columbus
A third DUI or Operating Vehicle while Impaired conviction within 10 years of the date of a previous charge carries mandatory minimum penalties. If you are convicted, the minimum sentence is 30 to 60 consecutive days in jail. The maximum penalty on a third offense OVI / DUI in 10 years is one year in jail.
Additional penalties include:
- Mandatory $850 fine
- Suspension of your driver’s license for a minimum of two years and potentially up to 10 years
- Suspension of some professional licenses
- Required alcohol or drug addiction program
If the jail is overcrowded, you could serve 15 to 30 days in jail and 55 to 110 days of electronic home monitoring.
Your Vehicle Is Impounded & Immobilized
Your car is immobilized for 90 days. You cannot remove your vehicle from the impound without a judge’s approval, and you cannot drive the car home. You must complete Bureau of Motor Vehicles Form 2255 and pay for towing your car home, where a law enforcement officer puts an immobilizing club on it.
Some residential neighborhoods and apartment complexes do not allow a clubbed vehicle, so you will need to make alternative arrangements.
Exception for Immobilization
If a family member depends on the vehicle, the court may waive the mandatory 90-day immobilization. However, the defendant may not operate the car during these 90 days, even if the court later grants restricted driving privileges.
Your Vehicle Is Forfeited
A third DUI conviction could result in forfeiting your car. The vehicle title transfers to the government and is possibly sold at auction.
Ignition Interlock System & Party Plates
Sometimes the court may allow limited driving privileges during the judicial suspension. You may only drive to work, school, and medical appointments. Your car is immobilized for 90 days, so you would need to find another vehicle.
You must pay for an ignition interlock and restricted (party) plates that easily identify you as a restricted driver to law enforcement.
The extreme penalties for a third DUI make it essential to have an experienced Columbus DUI lawyer on your side.
How a Lawyer Helps after a Third DUI
Facing a third DUI charge in Columbus is daunting due to the harsh penalties involved. However, an experienced DUI lawyer can provide critical assistance in several ways:
- Thorough Case Evaluation and Investigation: An experienced DUI lawyer will conduct a comprehensive review of your case, examining all details of your arrest, the administration of tests, and the procedures followed by law enforcement. This includes checking for any violations of your rights, such as improper traffic stops, coerced chemical tests, or procedural errors during the arrest and booking process.
- Identifying Procedural and Evidentiary Errors: Lawyers are skilled at spotting mistakes that can work in your favor. If the police fail to follow proper protocols or if there are inconsistencies in the evidence, your lawyer can file motions to suppress this evidence. This can weaken the prosecution’s case and may lead to a dismissal of charges or a reduction in penalties.
- Building a Strong Defense Strategy: Every DUI case is unique, and a tailored defense strategy is essential. Your lawyer will develop a DUI defense plan based on the specifics of your situation. This could involve challenging the accuracy of a breathalyzer or blood test results, questioning the legitimacy of the traffic stop, or highlighting any mitigating factors that could reduce your culpability.
- Negotiating Plea Bargains: In some cases, negotiating a DUI plea may be the best course of action after a third OVI. Your lawyer can work with the prosecution to potentially reduce your charges to a lesser offense. These charges carry lighter penalties and can significantly lessen the impact on your life.
- Representation in Court: Court proceedings for a third DUI charge can be complex and intimidating. Your lawyer will represent you at every stage, from arraignment to trial, ensuring that your rights are protected and presenting the strongest possible defense. Their presence can also help in negotiating with the judge and prosecution for more favorable outcomes.
- Mitigating Penalties: If a conviction seems unavoidable, your lawyer can still work to minimize the penalties you face. This could include advocating for alternative sentencing options like electronic home monitoring instead of extended jail time or seeking limited driving privileges to maintain some degree of mobility.
- Guidance on Compliance: Post-conviction, your lawyer can provide valuable advice on complying with court orders, such as completing mandatory addiction programs, installing an ignition interlock device, or obtaining restricted plates. They can also help you understand steps you can take to prevent future offenses and rehabilitate your driving record.
- Support with Professional and Personal Impact: A third DUI conviction can have far-reaching effects on your employment and personal life. Your lawyer can assist in addressing issues with professional licenses, employment challenges, and the social stigma associated with a DUI conviction. They can offer strategies to mitigate these impacts and support you in moving forward.
- Ongoing Legal Support: A DUI lawyer can offer ongoing legal support after a 3rd DUI, helping you navigate any further legal issues that arise from your conviction. This ensures you have a resource to turn to for advice and representation in related matters.
- Peace of Mind: Perhaps most importantly, having an experienced DUI lawyer by your side provides peace of mind and reduces the overall cost of a DUI. Knowing that a knowledgeable professional is handling your case allows you to focus on your personal and professional life while your lawyer works to achieve the best possible outcome for you.
By leveraging their skill and resources, a DUI lawyer plays a crucial role in navigating the complexities of a third OVI/DUI in Columbus, Ohio, helping to protect your rights, minimize penalties, and work towards a more favorable resolution.
3rd Time OVI Charges in Columbus: FAQs
What is the look-back period for OVIs in Ohio?
Ohio has a 10-year look-back period, meaning any OVI convictions within the last ten years will be considered when determining penalties for a third offense.
Will I need an ignition interlock device for a third OVI?
An ignition interlock device requires you to pass a breathalyzer test before starting your vehicle. You will need one if granted limited driving privileges after a third OVI conviction.
Can a third OVI charge be reduced or dismissed?
Yes, a skilled DUI lawyer can work to reduce or dismiss charges by identifying procedural errors, negotiating plea deals, and challenging the evidence against you.
Call an Experienced Third DUI Lawyer in Columbus
Being convicted for a third DUI in Columbus brings devastating consequences. You don’t want to risk your freedom and future by pleading guilty or working with a public defender. Get an experienced Columbus DUI attorney to fight for you. Call Luftman, Heck & Associates at (614) 500-3836 or send us an email at advice@columbuscriminalattorney.com to schedule your free consultation.