Penalties for Second OVI in Steubenville, Ohio
If you’re facing a second OVI conviction, the courts in Steubenville take a stricter stance compared to first offenses. They consider these as less lenient mistakes. The consequences include mandatory minimum penalties, higher fines and fees, longer driver’s license suspensions, and even incarceration. The penalties handed down by the judge depend on two factors: the driver’s refusal to submit to chemical testing in the past 20 years and the offender’s blood alcohol concentration (BAC) level (whether it was under or over 0.17 percent).
To navigate through these severe penalties, it’s highly recommended to seek the representation of an experienced Steubenville OH OVI lawyer like Sean Logue. By carefully analyzing the specifics of your case, he can work towards reducing or even dismissing the charges.
Second OVI Charge Types
For all second OVI cases involving alcohol, installation of an ignition interlock device on the offender’s vehicle is mandatory. The consequences beyond this requirement depend on the driver’s BAC level and past refusals to test in the last two decades.
Second OVI, BAC Under 0.17 Percent
In these cases, the offender faces a minimum jail term of 10 days. In situations where there is insufficient jail space, the judge can sentence the offender to 5 days in jail along with 18 days of house arrest and/or monitoring through an ankle bracelet that continuously detects alcohol use. The maximum jail term allowed is 6 months.
In addition to the penalties mentioned, the offender also receives a fine ranging from $525 to $1,625. Their driver’s license is revoked for at least a year, with the possibility of reinstatement after 45 days. Moreover, the offender’s vehicle will require yellow license plates, and if registered to the offender and driven during the time of arrest, it will be immobilized for 90 days. The offender is also subject to drug and alcohol assessment, as well as any recommended treatment.
Second OVI, BAC of 0.17 Percent or Higher
As a Steubenville OH criminal lawyer, it is crucial to understand the severity of a second offense of operating a vehicle under the influence (OVI) with a blood alcohol concentration (BAC) of 0.17 percent or higher. This charge carries various consequences that must be addressed.
First and foremost, a mandatory jail sentence of 20 days is imposed, although there is a possibility of modifying it to 10 days in jail and 36 days on house arrest if the local correctional facility is congested. In such cases, continuous monitoring of alcohol usage can be facilitated through an ankle bracelet. Alongside the jail sentence, a fine ranging from $525 to $1,625 is applicable, with a maximum imprisonment period of 6 months.
Second OVI, Chemical Testing Refused in the Previous 20 Years
To highlight the severity of this offense, the offender is required to affix yellow license plates to their vehicle. Additionally, their driver’s license will be suspended for one year, but after a 45-day period, driving privileges can be reinstated. It is also mandatory for the individual to undergo drug and alcohol assessment and actively participate in the recommended treatment. Furthermore, if the offender is the registered owner of the vehicle involved, it will be immobilized for a period of 90 days.
In cases where a second OVI offense is combined with refusal to submit to chemical testing within the previous 20 years, consequences remain similar. The mandatory jail term of 20 days can be reduced to 10 days of incarceration and 36 days on house arrest if jail capacity is insufficient. An ankle bracelet may also be necessary for alcohol consumption monitoring. Similarly, a fine ranging from $525 to $1,625 is imposed, along with the requirement for affixing yellow license plates. Mandatory alcohol and drug assessments must be completed, as well as any recommended treatments. If the offender’s name is registered to the vehicle involved, it will be immobilized for 90 days.
Getting Driving Privileges Reinstated After a Second OVI
Getting your driving privileges reinstated after a second OVI (Operating a Vehicle Impaired) can be a challenging process. When you’re faced with an automatic license suspension known as an ALS (Administrative License Suspension), it’s important to know your options. You have the opportunity to request limited driving privileges from the appropriate court that covers your area, whether it’s a county court, municipal court, or mayor’s court.
To reinstate your driving privileges, there are three important requirements that must be met. First, you’ll need to pay a reinstatement fee. Next, you’ll need to submit proof of insurance documents to the Ohio Bureau of Motor Vehicles. Finally, you’ll need to serve the assigned suspension. It’s crucial to familiarize yourself with Section 4511.191(F)(2) of the Ohio Revised Code, which specifically addresses this matter.
Ohio Revised Code Section 4511.19 and Court-Ordered Second OVI Suspensions
If you’re convicted of OVI with a previous conviction within the past six years, you can expect a Class 4 suspension. This means your license will be suspended for a period of one to five years. Keep in mind that there’s a mandatory 45-day waiting period before you’re eligible for reinstatement. Depending on the specifics of your case, you may also be required to have party plates, pay a $475 fee, and install an ignition interlock device if alcohol-related convictions are involved.
When facing these legal challenges, it’s crucial to have the right representation on your side. Steubenville OH Criminal Lawyer, Sean Logue, has extensive experience and training in handling OVI cases across three states. Let him guide you through this process and provide the assistance you need.
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