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, dismiss, or 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.
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.
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.
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.
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.
Reduced Penalties With the Help of a Columbus DUI Lawyer
If your lawyer can negotiate a reduced charge, the possible ways you will benefit include:
- Spending less or no time in jail
- Paying less money in fees
- Having a reduced license suspension
- Avoiding the use of an interlock breath system when you drive
- Being able to 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 Degree Offense OVI/DUI
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.
What to Expect from a Second DUI/OVI Charge
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 Consequences
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.
Other Penalties & 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.
Contact LHA to Help Overcome Your Second OVI
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.