Penalties for Second OVI in St. Clairsville, Ohio
When it comes to second OVI convictions, the consequences become more severe, with mandatory minimum penalties including higher fines, longer driver’s license suspensions, and possible jail terms. The judge takes into account two important factors: the driver’s refusal to submit to chemical testing in the past 20 years, and the offender’s Blood Alcohol Content (BAC) level, specifically if it was below or above 0.17 percent. To mitigate these harsh penalties, it is advisable to seek the services of a reputable St. Clairsville OVI lawyer such as Sean Logue. Depending on the case, an experienced lawyer can strive to reduce or dismiss the charges.
Second OVI Charge Types
For all second OVI cases involving alcohol, the installation of an ignition interlock device is mandatory. Apart from this requirement, the consequences depend on the BAC level and previous refusals within the last two decades.
Second OVI, BAC Under 0.17 Percent
Mandatory minimum jail term of 10 days. If jail capacity is limited, the judge may sentence the offender to 5 days in jail and 18 days of house arrest or continuous monitoring via an ankle bracelet. The maximum jail term is 6 months.
In addition to the penalties mentioned above, the offender will be fined a minimum of $525 and a maximum of $1,625. The driver’s license will be suspended for at least a year, with the possibility of restoration after 45 days. The offender will be required to display yellow license plates and undergo drug and alcohol assessment, as well as any recommended treatment. Additionally, if the registered vehicle was the one driven during arrest, it will be immobilized for 90 days.
Second OVI, BAC of 0.17 Percent or Higher
Mandatory jail sentence of 20 days. In cases where jail capacity is constrained, the sentence can be modified to 10 days in jail accompanied by 36 days of house arrest and continuous monitoring of alcohol use via an ankle bracelet. The maximum jail sentence is 6 months. In addition, the offender will face a fine ranging from $525 to $1,625.
Yellow party plates are compulsory for a conviction in this charge. The offender’s driver’s license will be suspended for a year, but after 45 days, they are eligible to have driving privileges reinstated. A drug and alcohol assessment is mandatory, along with participating in recommended treatment. If the offender’s vehicle is registered in their name, it will be immobilized for 90 days.
Second OVI, Chemical Testing Refused in the Previous 20 Years
A mandatory 20-day jail term will be imposed. If there is insufficient space in the jail, the sentence can be modified to 10 days in confinement plus 36 days on house arrest, potentially with the use of an ankle bracelet for monitoring alcohol consumption. The maximum duration of the jail sentence is not to exceed 6 months.
The offender will face a fine ranging from $525 to $1,625 and will be obligated to display yellow license plates on their vehicle. Alcohol and drug assessments are obligatory, as well as completion of any recommended treatment. If the vehicle used by the offender at the time of arrest is registered under their name, it will be immobilized for 90 days. The offender’s driver’s license will be suspended for a year, but driving privileges can be restored after 45 days.
Getting Driving Privileges Reinstated After a Second OVI
Following an OVI arrest, the offender’s license is automatically administratively suspended. This is known as an ALS (Administrative License Suspension). The offender may request limited driving privileges from the relevant court, whether it is a county court, municipal court, or mayor’s court.
There are three requirements for reinstating driving privileges: paying a reinstatement fee, submitting proof of insurance to the Ohio Bureau of Motor Vehicles, and serving the assigned suspension period. Section 4511.191(F)(2) of the Ohio Revised Code addresses this matter.
Ohio Revised Code Section 4511.19 and Court-Ordered Second OVI Suspensions
If an individual is convicted of OVI with a prior conviction within the last six years, the court is mandated to suspend the offender’s license for a period of one to five years. This suspension is classified as a Class 4 suspension, with a 45-day waiting period for applying for reinstatement of driving privileges. Additionally, the requirements for reinstatement include the use of party plates, a fee of $475, and the installation of an ignition interlock device on the offender’s vehicle if the conviction is related to alcohol.
When it comes to OVI cases, Sean Logue, a highly experienced St. Clairsville OVI lawyer, is equipped with extensive training and a successful track record of defending numerous OVI cases across three states. You can rely on him for effective assistance and representation.
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