A: For a second DUI (called ‘OVI’ in Ohio) within ten years, the minimum mandatory sentence is enhanced. That means it is very important to have a thorough understanding of your situation. You need to know the possible sentence, what to expect in court, and whether contesting the case can improve the outcome. You can obtain that information in the Ohio DUI/OVI Guide. You will want to have answers to your questions before you attend the first court appearance so you know how you intend to approach the case.
A: A second-offense OVI in Ohio has mandatory minimum sentencing and possible maximum sentencing. The mandatory sentence includes a fine of $525 to $1,625, a suspension of your driver license for one year to seven years, and a jail term of ten days to 180 days. The jail term is doubled if you refused a breath/blood/urine test, or if the test result is .170 or higher (.238 for urine). The sentence also includes the use of restricted (yellow) license plates, installation of an ignition interlock device, immobilization of your vehicle for 90 days, and substance abuse counseling.
A: For most people, the answer is ‘yes’, but everyone must decide for themselves. If you plead Guilty to the charge, there is a 100% chance you will incur the sentence described above. If you plead Not Guilty, you give yourself a chance to avoid some or all of those consequences. You’ll need to decide how important it is to you to try to improve the outcome of the case.
A: A lawyer will look into the facts, research the law, and prepare defenses to the OVI charge. Those defenses may be used in a trial in an effort to obtain a Not Guilty verdict. Those defenses are also used in negotiations with the prosecutor in an effort to reduce the charge and lessen the sentence.
A: With the increased consequences for a second offense, it is important to select a lawyer who has the qualifications to effectively represent you. One of those qualifications is expertise in OVI defense. The lawyer should be familiar with Ohio OVI law, the scientific aspects of OVI, and the court process. Another necessary qualification is experience litigating second-offense cases. A third important qualification is a low-volume practice which allows the lawyer to devote adequate time to your case.
OVI defense is the focus of the Dominy Law Firm. We have represented hundreds of clients for OVIs, including second-offense cases. Our lawyers are knowledgeable in Ohio OVI law and have undergone training in the scientific aspects of OVI cases. We maintain low caseloads which allow us to thoroughly work on each case and give each client personal attention. You can read more about our firm and our lawyers on this site. This site also contains our client reviews and case results. If you would like to arrange a free phone consultation to discuss your second-offense OVI, you can do that by submitting a CONACT FORM or by calling 614-717-1177.