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Penalties for Second OVI

Unlike first OVI convictions, which a Youngstown OVI lawyer will tell you is looked at by the courts as a mistake and treated a bit more leniently, second convictions for the offense come with mandatory minimum penalties. These penalties are accompanied by higher fines and other fees, longer driver’s license suspensions, and jail terms. The judge must take two things in the offender’s case into consideration as he hands down the penalties: refusal of the driver to submit to chemical testing one or more times in the previous 20 years, and the offender’s BAC level (if it was under or over 0.17 percent). The easiest way to avoid some of these stiffer penalties is to hire a Youngstown OVI lawyer like Sean Logue. Depending on the circumstances of your case, he can try to get the charges reduced or dismissed.

Second OVI Charge Types

In all second OVI cases in which alcohol was involved, the offender must pay for the installation of an ignition interlock device on his or her car. Other than that, consequences will be based on the driver’s BAC level and prior refusals to test in the last two decades.

Second OVI, BAC Under 0.17 Percent

Mandatory minimum jail term of 10 days. If there’s not enough room at the jail to hold the offender, the judge can sentence him to 5 days in jail and 18 days of house arrest and/or an ankle bracelet that continuously monitors for alcohol use. The maximum jail term allowed is 6 months.

In addition to these penalties, the offender will be levied a fine of at least $525 and no more than $1,625. He will lose his driver’s license for at least a year, though he can get his privileges to drive returned to him after 45 days. He will have to put yellow license plates on his car. He must go through drug and alcohol assessment, as well as any treatment that is recommended as a result. Finally, the offender’s vehicle will be immobilized for 90 days, if it’s registered to him and is the vehicle he was driving when he was arrested.

Second OVI, BAC of 0.17 Percent or Higher

Mandatory jail sentence of 20 days. If the jail is too crowded to hold anyone else, this can be altered to 10 days in jail plus 36 days on house arrest with the possibility of continuous monitoring of alcohol use via an ankle bracelet. The offender will also have to pay a fine of anywhere from $525 to $1,625. The maximum jail sentence that can be imposed is 6 months.

Yellow party plates are mandatory for a conviction of this charge. The offender’s driver’s license will be suspended for a year, though after 45 days, he can get driving privileges returned. Drug and alcohol assessment is required, as well as participation in whatever treatment is recommended. If the car the offender was driving is registered to him, it will be immobilized for 90 days.

Second OVI, Chemical Testing Refused in the Previous 20 years

Mandatory 20-day jail term. If there is no space in the jail, the sentence can be changed to 10 days with the addition of 36 days on house arrest, possibly with an ankle bracelet to monitor alcohol consumption. The jail sentence can be no longer than 6 months.

The offender will be fined between $525 and $1,625 and be forced to put yellow license plates on their car. Alcohol and drug assessment is mandatory, as is completion of any recommended treatment that results. If the vehicle the offender was driving at the time of his arrest was registered in his name, it will be immobilized for 90 days. The offender’s driver’s license will be suspended for a year, but he can get his driving privileges back after 45 days.

Getting Driving Privileges Reinstated After a Second DUI

When someone is arrested for OVI, his license is automatically suspended administratively. This is called an ALS, or Administrative License Suspension. The offender can ask the court for limited driving privileges in whatever court covers that area, be it a county court, a municipal court, or a mayor’s court.

There are three requirements that must be met for driving privileges to be restored: paying a fee for reinstatement, forwarding proof of insurance documents to the Ohio Bureau of Motor Vehicles, and serving the assigned suspension. The Ohio Revised Code deals with this issue in Section 4511.191(F)(2).

Ohio Revised Code Section 4511.19 and Court-Ordered Second OVI Suspensions

If an offender is convicted of OVI with one previous conviction in the past six years, the judge has to suspend the offender’s license for one to five years. This is a Class 4 suspension. There is a 45-day waiting period to apply for reinstatement of driving privileges. Also mandatory are party plates, a $475 fee, and the installation of an ignition interlock device on the offender’s car, if the conviction is due to alcohol.

Sean Logue is a Youngstown OVI lawyer with experience and training. He has successfully defended hundreds of OVI cases in three states. He can help you. 1-844-PITT-DUI

Client Reviews
★★★★★
Mr. Logue came to me for my consultation, which was nice! He helped me better understand my situation so I could weigh my options. He kept me updated on any new information about my case, and I could always easily contact him if I had any questions. I knew I was in good hands, and I got the best possible outcome for my case! Anonymous
★★★★★
Sean Logue accomplished an incredible thing for me by handling my legal matters. If you need help, this is the man to represent you...he's very keen, knowledgeable, and efficient in guiding you to freedom. The trust and loyalty he gives you is very down to earth, so if you need a lawyer this is the best one. You can feel totally confident in Sean's hands. Excellent job, thank you for taking the time for me, you took all my worries away...God bless your future. Anonymous
★★★★★
Mr. Logue was the one I hired after talking to other attorneys about my case. He was the most knowledgeable and explained everything to me about his plan for me moving forward. He was always available to answer my questions and fought hard for me!! Don't waste your time looking for anyone else to help you. Mr Logue did an amazing job and very professional! Anonymous
★★★★★
Atty. Logue represented me well and took care of my legal issues superbly. He is a no-nonsense, very knowledgeable and well respected lawyer. I was pleased with his services. Would definitely recommend Atty. Logue to others. Anonymous
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Mr. Logue is good for one reason, he cares. A client is not a quick buck. He always answers his phone, day or night and he understands the law better than anyone. He always answers my calls for both corporate and personal legal decisions and I have a ton of questions. His rates are reasonable too. Fair and firm. Anonymous