Penalties for a Second OVI in New Castle, Ohio

Unlike a first OVI conviction, which courts often view as a one-time mistake and may treat with more leniency, a second offense carries mandatory minimum penalties. These consequences are stricter and include higher fines, extended driver’s license suspensions, and required jail time. When determining the penalties, a judge must consider two key factors: whether the driver refused a chemical test within the last 20 years and what their Blood Alcohol Concentration (BAC) level was (specifically, if it was below or above 0.17 percent). The most effective way to potentially mitigate these severe penalties is to consult with an experienced lawyer. Depending on the unique details of your situation, they can work to have the charges reduced or even dismissed.

Second OVI Charge Types

In every second OVI case involving alcohol, the offender is required to pay for the installation of an ignition interlock device on their vehicle. Beyond this, the specific penalties will depend on the driver’s BAC level and any prior refusals to submit to chemical testing over the past two decades. A skilled New Castle criminal lawyer from Youngstown Criminal Law Group can help navigate these complexities.

Second OVI with a BAC Under 0.17 Percent

• Jail Time: There is a mandatory minimum jail term of 10 consecutive days. If the jail is at capacity, a judge may sentence the individual to 5 days in jail followed by 18 days of electronically monitored house arrest, which could include an ankle bracelet that continuously monitors for alcohol use. The maximum possible jail term is six months.
• Fines: The offender will face a fine of at least $525, but not exceeding $1,625.
• License Suspension: Their driver’s license will be suspended for a minimum of one year. However, they may be granted limited driving privileges after 45 days.
• Other Penalties: The offender must use yellow “party” license plates. A drug and alcohol assessment is mandatory, and they must complete any treatment program recommended by the assessment. Furthermore, if the vehicle driven during the arrest is registered to the offender, it will be immobilized for 90 days. A knowledgeable New Castle DUI lawyer can provide guidance on these requirements.

Second OVI with a BAC of 0.17 Percent or Higher

• Jail Time: A mandatory jail sentence of 20 consecutive days is required. If the jail is overcrowded, this can be modified to 10 days in jail plus 36 days of house arrest, potentially with continuous alcohol monitoring via an ankle bracelet. The maximum jail sentence for this offense is six months.
• Fines: The offender will be ordered to pay a fine ranging from $525 to $1,625.
• License Suspension: The driver’s license will be suspended for one year, although limited driving privileges may be granted after a 45-day waiting period.
• Other Penalties: Yellow party plates are mandatory. A drug and alcohol assessment is also required, along with participation in any recommended treatment. If the car used during the incident is registered to the offender, it will be immobilized for 90 days. Working with a New Castle criminal lawyer is crucial in these high-BAC cases.

Second OVI with a Chemical Test Refusal in the Previous 20 Years

• Jail Time: This carries a mandatory 20-day jail term. If jail space is unavailable, the sentence can be altered to 10 days in jail combined with 36 days of house arrest, possibly with an ankle bracelet for alcohol monitoring. The maximum jail sentence cannot exceed six months.
• Fines: The offender will be fined between $525 and $1,625.
• License Suspension: Their driver’s license will be suspended for one year, but they may become eligible for limited driving privileges after 45 days.
• Other Penalties: They will be forced to use yellow license plates on their car. A mandatory alcohol and drug assessment is required, as is the completion of any resulting treatment recommendations. If the vehicle driven at the time of arrest is registered in their name, it will be immobilized for 90 days. A New Castle DUI lawyer can clarify the implications of a test refusal.

Getting Driving Privileges Reinstated After a Second OVI

When a person is arrested for an OVI, their license is immediately suspended through an administrative process known as an Administrative License Suspension (ALS). An individual can petition the court that has jurisdiction over the case—whether it’s a county, municipal, or mayor’s court—for limited driving privileges.

To have driving privileges restored, three conditions must be met:

1. Payment of a reinstatement fee.
2. Providing proof of insurance documents to the Ohio Bureau of Motor Vehicles.
3. Serving the full term of the court-ordered suspension.

This process is outlined in the Ohio Revised Code, specifically in Section 4511.191(F)(2). Seeking advice from a New Castle criminal lawyer can help streamline this process.

Ohio Revised Code Section 4511.19 and Court-Ordered Suspensions

If an individual is convicted of an OVI with one prior conviction within the last six years, the judge is required to suspend their license for a period of one to five years, which is classified as a Class 4 suspension. There is a mandatory 45-day waiting period before they can apply for the reinstatement of limited driving privileges. Additionally, the use of party plates, a $475 fee, and the installation of an ignition interlock device are all mandatory if the conviction is alcohol-related.

Sean Logue is a New Castle DUI lawyer with extensive experience and specialized training. He has successfully defended hundreds of OVI cases across three states and is equipped to help you navigate your case. Call us at (330) 992-3036 for free consultation.