A Youngstown OVI lawyer like Sean Logue can tell you that getting a third conviction for OVI means you’re facing some ugly penalties. You may have thought what you got for the first two were bad, but they don’t have anything on what you’ll have to deal with for a third conviction.
Ohio Revised Code 4511.19 Definition of Third OVI in Six Years
The ORC gives the definition of OVI as operating any motor vehicle (car, truck, streetcar, motorcycle, or trackless trolley) while under the influence of drugs, alcohol, or both in combination. The minimum legal amount of alcohol in the blood (BAC) is below .08 percent. If you are stopped on suspicion of OVI and your breath or blood shows .08 percent, you will be arrested and charged for OVI. If your BAC is .17 percent or higher, the law has “enhanced penalties” that will be levied against you.
What’s the Punishment for a Third OVI in Six Years?
A BAC of .08 percent to .17 percent will get you charged with a first-degree misdemeanor. There are mandatory penalties that a convicted offender will face, as follows below. You could get five years of probation.
- Fines: at least $850 but no more than $2,750.
- Driver’s license suspension: at least two years but no more than 10 years.
- Jail time: at least 30 days and no more than 12 months. It’s possible that the judge will sentence you to 15 days in jail plus at least 55 days under house arrest, wearing an electronic monitoring bracelet.
- Driving privileges: none until 180 days have passed from the date you were charged.
- License plate requirement: mandatory yellow plates.
- Ignition interlock device: installed at your expense.
- Alcohol treatment program: mandatory.
- Keeping your vehicle: vehicle could be immobilized for at least 90 days, or forfeited.
A blood alcohol content of .17 percent or higher is also charged as a first-degree misdemeanor and also could potentially result in five years of probation. The penalties for the charge include:
- Driving privileges: none for the first 180 days, beginning with the date you were charged.
- Jail time: at least 60 days in jail and no more than twelve months. The 60 days could be replaced by 15 days in jail and at least 55 days on house arrest with an electronic monitor.
- License plates: must use yellow plates.
- Ignition interlock device: installed on vehicle at your expense.
- Fines: at least $850 and up to $2,750.
- License suspension: at least two years but no more than ten years.
- Alcohol treatment: mandatory participation in program.
- Keeping your vehicle: it could be immobilized for 90 days or more, or forfeit.
Third OVI ALS (Administrative License Suspension)
An ALS is a penalty imposed by the Bureau of Motor Vehicles, not the court, and it begins the day you are arrested. If you are convicted of OVI for a third time, or if you refuse to submit to chemical testing for a third time, your ALS will be for three years.
Administrative license suspensions can be appealed. It is time-sensitive. At your preliminary hearing, which must be held no later than 5 days after your arrest, you can appeal the ALS. Grounds for appeal include reasonable cause on the part of the arresting officer to think you were driving under the influence, his or her request or failure to request a blood, breath, or urine test, his or her passing on of or failure to pass on information about the consequences for refusing one of the tests as well as failing it, and your failure of the test or refusal to submit to it.
You are allowed to petition the court for limited driving privileges during the 30 days after your preliminary hearing. These will allow you to drive to the doctor, to court, or to work or school.
It’s important that you not face third OVI charges in a six year period by yourself. A Youngstown OVI lawyer can help you understand what you’re facing and fight your charges. Call us at (330) 625-9199 for a free initial consultation.