While the penalties and fines are very severe from a first DUI offense in Ohio, they increase for a second DUI offense. Not only will you face increased jail time from a first DUI, but the fines increase as well. What should you do if you are charged with a second DUI in Ohio, and what are your options?
Penalties and Fines for Second Ohio DUI/OVI
If you are convicted of a DUI in Ohio for the second time in six years you will face increased penalties and fines from a first DUI. You will be sentenced to a mandatory minimum sentence of 10 days, and may be put in jail for as long as 6 months. The court may make you serve all the time in jail, or the court may sentence you to house arrest with continual electronic and alcoholic monitoring.
Fines increase for a second Ohio DUI as well. There is a minimum fine of $525 and a maximum of $1625. Beyond the fine, you will also have to be assessed by a community addiction services provider, and the judge may order you to follow the recommendations of that provider (this would be at your expense).
Beyond fines and jail time, there are other increased penalties for a second Ohio DUI. If you are convicted for the second time in six years your license will be suspended for a minimum of one year and a maximum of five years. In addition, your car will be immobilized for 90 days, and you car’s license plates will be impounded for a minimum of 90 days. You may be granted a special permission to drive during your suspension, but a judge can order you to use yellow license plates to draw attention to the fact that you were convicted of a DUI.
How to Get the Help You Need for a Second Ohio DUI
If you are arrested for a second DUI in six years in Ohio you will need an attorney to help you fight the charges. By filling out the Free Ohio DUI Arrest Evaluation Form, a local DUI Rights Attorney will help you with you case. Below are additional steps you can take as you work through the process:
1) Make sure you have all the paperwork involved in your case so you can give it to you your attorney. This includes the ticket, police report, results of chemical tests, and results of any road tests that were taken at the time of the arrest.
2) Put together a list of witnesses that can testify on your behalf against the officer.
3) Take the time to pick the right attorney. Following are a list of questions you can use to pick the right attorney;
- How long has the attorney been practicing law?
- How much of that time has been focused on DUI cases?
- Has the attorney had cases like yours before?
- Will the lawyer prefer taking the case to trial, or pleading it out?
- How successful is the attorney at jury trials?
- Who is the attorney’s support staff on the case, who will contact you?
- What will the case cost?
- Will the attorney bill a fee, or hourly?
- Will the attorney charge other fees besides the flat rate?
- What challenges does this case present?
- What recommendations does the attorney have for you in moving forward?
- What does the attorney thing will happen with the case?
- Does the attorney have malpractice insurance?
- Are there bar complaints against the attorney for DUI cases?
4) After answering those questions make a short list of attorneys that you will want to use.
5) Interview the attorney you want to use and make sure there are no conflicts of interest.
You can’t effectively fight your second Ohio DUI unless you are honest with your attorney throughout the entire process. Remember that anything you say to an attorney is protected by the law and will remain confidential, so you should give your attorney every detail possible. No lawyer wants to discover new facts before or during a trial, especially if they are facts you withheld. Withholding information from your attorney can only damage your case.
Strategies and Conclusion for Second Ohio DUI
Just because you are arrested and charged for a second DUI in Ohio does not mean you can’t fight it. In fact, there are a number of ways that you can fight a second Ohio DUI/OVI. For example, if you were given a road sobriety test when you were arrested it may be considered invalid by a court. The machines used to test your breath, blood, or other tests may not have functioned properly, or the reports they generated may be inaccurate. Finally, your constitutional rights may have been violated. If the police failed to read you your Miranda Rights, or violated the U.S. Constitution in another way, the court may dismiss your case.
The best way for you to get an accurate analysis of your case is by consulting with a good, local Ohio DUI Rights attorney. He or she will give you the best idea of what the result of your case will be, and they will be able to give you the information you need to proceed.