Penalties for Second OVI in Youngstown, Ohio
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 OVI
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.
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