Third OVI within Six Years
A third (3rd) OVI conviction in Ohio carries some of the most serious penalties under Ohio’s statutory scheme for drunk or drugged driving. If you are convicted, the penalties will undoubtedly be more serious than those imposed for the two previous OVI convictions.
If you were arrested for a third OVI charge during a six year period in Ohio then contact a criminal defense attorney in Cincinnati, OH. The Cincinnati OVI defense attorneys at Joslyn Law Firm are experienced in representing a person with prior OVI convictions. When the stakes are high, call us to discuss your best defense and effective strategies to fight the charges.
Defining the Third OVI within Six Years under ORC 4511.19
An OVI charge is defined in Ohio Revised Code 4511.19 as operating a motor vehicle while under the influence of alcohol, drugs, or a combination of alcohol and drugs. Alternatively, OVI can be charged if the driver’s blood alcohol concentration (BAC) is over the legal limit of .08 %. Enhanced penalties apply if the BAC was at .17 or above.
After an arrest in Hamilton County and the surrounding areas of Ohio, call our OVI defense attorneys for a third OVI / DUI. Call today.
Punishments for a Third OVI within Six Years
If the BAC was .08% – .17% then the crime is charged as a first degree misdemeanor. The statutory minimum mandatory and maximum penalties upon conviction include up to 5 years on probation to complete the following special conditions:
- a minimum jail sentence of at least 30 days in jail (or 15 days in jail plus a minimum of 55 days of electronically monitored house arrest) with a statutory maximum penalty of up to 12 months in jail;
- a minimum of $850 in fines with a maximum of $2,750 in fines;
- a minimum two year driver’s license suspension which can be up to a maximum of 10 years;
- no driving privileges for 180 from the date the charge occurred;
- successfully completing a mandatory alcohol treatment program;
- a requirement for restricted yellow license plates;
- installing an ignition interlock device in your vehicle; and
- either immobilizing your vehicle for at least ninety (90) days or forfeiting the vehicle.
If the BAC was .17% or greater then the crime is charged as a first degree misdemeanor. The statutory minimum mandatory and maximum penalties upon conviction include up to 5 years on probation to complete the following special conditions:
- a minimum of 60 days in jail ( or 15 days in jail plus a minimum of 55 days of electronically monitored house arrest) up to a statutory maximum of twelve months in jail;
- a minimum fine of $850 with a maximum fine of up to $2,750;
- successful completion of mandatory alcohol treatment program;
- a driver’s license suspension for a minimum of two years and up to a maximum of 10 years;
- no driving privileges for 180 from the date the charge occurred;
- restricted yellow license plates;
- installing an ignition interlock device in your vehicle; and
- either immobilizing your vehicle for at least 90 days or forfeiting the vehicle.
Administrative License Suspension (ALS) for a Third OVI
In Ohio, the administrative license suspension is a civil penalty imposed on an administrative basis that usually begins immediately after the OVI arrest. For a third time refusing a chemical test or with a prior conviction for OVI, the administrative license suspension will last for three years.
An attorney can help you appeal an administrative license suspension (ALS) at the first court appearance. After the OVI arrest, the first court appearance is usually held within 5 days. The scope of the appeal includes whether the arresting officer had reasonable cause to believe you were OVI, whether the officer requested that you take a chemical test, whether you were informed of the penalties for refusal or failing a chemical test, and whether you refused or failed the chemical test.
After the administrative license suspension, you can obtain limited driving privileges if you file a petition during the 30 day period after your initial appearance in court. Limited driving privileges generally allow you to drive to work, the doctor or school.
OVI Defense Attorney in Cincinnati for the Third OVI
If you were arrested for a third OVI in the last 6 years, then contact an experienced criminal defense attorney in Cincinnati, OH, at the Joslyn Law Firm. We can help you understand any penalties and punishment that might apply to your case on an administrative basis or as part of the criminal case. We can help you protect your driver’s license and fight to avoid a conviction in court.
Whether your case involves a refusal to submit to a breath, blood or urine test, or whether you failed the chemical test. We can help. Our attorneys help men and women charged with a first OVI, a second OVI, or a third OVI. Call Criminal Attorney in Cincinnati today to discuss your case during a free consultation.
This article was last updated on Friday, November 20, 2015.
