Second OVI in Cincinnati, Ohio
If you are convicted for a second offense of OVI in Ohio, the court must impose certain minimum mandatory penalties including a possible jail term, driver’s license suspension, fines and fees. The minimum mandatory that the court must impose depend on whether the OVI involved a BAC below .17, a BAC over .17, or a prior refusal in the last 20 years.
If you were arrested for a second OVI in Ohio, call a criminal defense attorney with Joslyn Law Firm. The best ways to avoid the minimum mandatory penalties for a second offense is to get the OVI charge dropped or reduced to a lesser offense.
Call our attorneys to discuss defenses that might exist in your case whether it involves a refusal to submit to chemical testing or a breath, blood or urine test reading.
Types of Second OVI Charges in Ohio
The penalties for the second OVI depending on the BAC and whether a prior refusal occurred within the last 20 years. In all of these cases involving a second OVI conviction, an ignition interlock device must be installed if the underlying case involved an allegation of alcohol impairment.
Second OVI with a BAC Below .17
For a a BAC below .17 the court must impose a jail sentence of 10 days (or 5 days plus 18 days house arrest and.or continuous alcohol monitoring (if the court finds jail space is lacking). The maximum jail time is 6 months.
A fine between $525 to $1,625 must be imposed. Alcohol and drug assessment and recommended treatment is mandatory. The court must impose a minimum driver’s license suspension of one year with driving privileges available after a 45 day “hard suspension”). The yellow plates are required. The court must impose a vehicle immobilization for 90 days if the vehicle is registered to the defendant.
Second OVI with a BAC at .17 or Above
For a BAC over .17, the court must impose a jail sentence of 20 days (or 10 days plus 36 days house arrest and.or continuous alcohol monitoring (if the court finds jail space is lacking). The maximum jail time is 6 months. A fine between $525 to $1,625 must be imposed.
Alcohol and drug assessment and recommended treatment is mandatory. The court must impose a minimum driver’s license suspension of one year with driving privileges available after a 45 day “hard suspension”). The yellow plates are required. The court must impose a vehicle immobilization for 90 days if the vehicle is registered to the defendant.
Second OVI with a Prior Refusal
For a second OVI conviction with a prior refusal in the last 20 years the court must impose a jail sentence of 20 days (or 10 days plus 36 days house arrest and/or continuous alcohol monitoring (if court finds jail space is lacking). The maximum jail time is 6 months.
A fine between $525 to $1,625 must be imposed. Alcohol and drug assessment and recommended treatment is mandatory. The court must impose a minimum driver’s license suspension of one year with driving privileges available after a 45 day “hard suspension”). The yellow plates are required. The court must impose a vehicle immobilization for 90 days if the vehicle is registered to the defendant.
Reinstating the Driving Privileges after a Second OVI Conviction in Ohio
After the ALS, the driver may file a petition for limited driving privileges in the court that has jurisdiction over the place of arrest in accordance with Section 4507.16(F) Ohio Revised Code. That court can include the municipal court, county court, or mayor’s court. For a juvenile arrested for an OVI offense in Ohio, the juvenile would file the petition in juvenile court. The reinstatement requirements of ORC Section 4511.191 (F)(2) are serving the suspension period, paying the reinstatement fee, and showing proof of insurance by forwarding the proper documentation to the Ohio Bureau of Motor Vehicles (BMV).
Court Ordered Suspension for a Second OVI under ORC §4511.19
For an OVI conviction with one prior conviction within six years, under Section 4511.19(G)(1)(b)(iv), the court must impose a Class 4 suspension for one to five years, with a 45 day waiting period. The ignition interlock is mandatory if the OVI conviction is an alcohol related offense. The court must impose restricted plates and a fee of $475.
Additional Resources
Second Offense OVI (Driving Under the Influence) in Ohio – Visit the website of Ohio’s Bureau of Motor Vehicles (BMV) under Ohio Revised Code Section 4511.19. The provisions for a second OVI offense depend on a prior OVI conviction within the past 6 years as reflected on the driving record. The length of a suspension in Ohio is determined by the court. If no court orders suspension period is assessed then no reinstatement fee is required for a court ordered suspension. The filing of an appeal with the court regarding any aspect of the trial or suspension does not stay the operation of the suspension or revocation for the second OVI conviction. Instead, the suspension or revocation remains effective during appeal period as provided in Section 4507.16 (B5) Ohio Revised Code.
Finding an OVI Defense Attorney in Cincinnati, Ohio
If you were arrested for a first OVI or a second OVI offense in Cincinnati, Ohio, then contact an experienced criminal defense attorney at Joslyn Law Firm. Our OVI Defenses Attorneys in Cincinnati, OH, represent clients throughout Hamilton County and the surrounding areas.
We understand the tactics used by OVI enforcement officers throughout Hamilton County, including the Hamilton County Sheriff’s Office, the Cincinnati Police Department, and the Ohio State Highway Patrol. We are also familiar with the Hamilton County OVI Task Force, and their role in OVI investigations, sobriety checkpoints and saturation patrols throughout the county.
This article was last updated on Monday, November 16, 2015.
