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Second Offense OVI Nets Much Less Than Statutory Minimum Sentence

OVI / DUI charges in Ohio are enhanceable offenses. The look-back period for state OVI violations is six years.  A second offense OVI in six years mandates a minimum of 10 consecutive days in jail.  This time doubles if you refuse a chemical test and have had a prior conviction within the last 20 years.  Consequently, mandatory jail time adds up quickly.

Our client was charged with a second offense OVI within six years and a refusal of the requested chemical test.  She also had three prior OVIs outside of the six years that the judge may, but is not required to, consider for sentencing.  After reviewing discovery and filing a motion to suppress, attorney Chase Mallory began plea bargaining with the prosecutor.  This particular offense was not alcohol related, but prescription medication.  Mr. Mallory has attended the ARIDE course that is the basis for drug related OVI arrests and prosecutions – the same course used to train our law enforcement officers.  Utilizing this training, he was able to suggest several evidentiary issues the state would have in proving their case that our client was appreciably impaired by alcohol and/or drugs of abuse.

Fortunately, despite looking at a bare minimum of 20 consecutive days to a maximum of 180 days in jail, our client walked away with only one weekend in jail (a private facility) and a weekend driver intervention program for her second offense OVI charge.

Prior results do not guarantee a similar outcome in your case. Individual results may vary based on the facts, injuries, jurisdiction, venue, witnesses, parties, and other factors. The results and client testimonials provided are not necessarily representative of the results obtained by all clients or their satisfaction with the firm’s services.

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