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Second DUI in Ohio

Are you facing your second DUI in Ohio? A second OVI charge is a serious criminal offense in Ohio. Although you may have thought you learned your lesson with your first OVI / DUI conviction, it is common for previous offenders to make the same mistake twice. If you are charged with a second OVI / DUI within 6 years of your first OVI / DUI offense, then you will face much more serious penalties and consequences than the first time. Six years is considered the look back period for OVI / DUI offenses in Ohio, which means that each offense is compared to the number or previous OVI / DUI convictions in the last six years.

If you are convicted for a second OVI / DUI offense in Ohio, you will face life-altering penalties and consequences. You will serve jail time, pay expensive fines and fees and also lose your driver’s license. A second OVI / DUI conviction will permanently be on your criminal record. Additional consequences include difficulty finding and keeping a job, higher insurance rates and maintaining custody of your children.

An OVI charge in Ohio is also known as operating a vehicle under the influence of drugs or alcohol. An OVI can be defined according to the Ohio Revised Code (ORC 4511.19) as anyone who operates a motor vehicle while they are under the influence of alcohol, drugs, or a combination of alcohol and drugs and their blood alcohol concentration (BAC) is over the legal limit of .08 %.

If you are facing your second OVI / DUI charge in Ohio, it is critical that you consult with an attorney as soon as possible. Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed by the charges that you are currently facing. You do not have to go through this experience alone. The Cincinnati criminal defense attorneys are here to provide their knowledge, understanding and legal counsel to help you deal with charges that you are currently facing. The sooner you consult with a Cincinnati Criminal Defense Attorney, the better, as they will work diligently to achieve the most favorable outcome for your case. This could mean the difference between serving less jail time to a complete dismissal of charges altogether.

Penalties for Second DUI in Ohio

Ohio second OVI / DUI penalty breakdown

  • BAC was .08% – .17%
    First-degree misdemeanor with at least 10 days in jail, at least $525 in fines, 1 yr license suspension
  • BAC was .17% or higher
    First-degree misdemeanor with at least 20 days in jail, at least $525 in fines, 1 yr driver’s license suspension

If you are facing a second OVI / DUI conviction within a 6 year period of your first OVI conviction and you had a low BAC test (.08 – . 17%), then you will be charged with a first-degree misdemeanor. This charge entails serving at least 10 days in jail or five days in jail and 18 days of electronically monitored house arrest or continuous monitoring. At most, you will serve up to 6 months in jail. You will be responsible for paying a minimum of $525 and up to a maximum $1,625 in fines. Other penalties entail participating in a mandatory alcohol or drug assessment, a driver’s license suspension for a minimum of one year and up to a maximum of five years, any driving privileges not being available for the first 45 days after receiving the charge, your vehicle being immobilized for 90 days if it is registered to you, an ignition interlock device in your vehicle, and restricted yellow license plates.

If you are facing a second OVI / DUI conviction within a 6 year period of your first OVI conviction and you also had a high BAC test (.17 % or above), then you will be charged with a first-degree misdemeanor. This charge entails serving a minimum of 20 days in jail or 10 days in jail and 36 days of electronically monitored house arrest or continuous alcohol monitoring. At most, you will serve up to 6 months in jail. You will be responsible for paying a minimum of $525 and up to a maximum of $1,625. Other penalties entail participating in a mandatory alcohol or drug assessment, a driver’s license suspension for a minimum of one year and up to a maximum of five years, any driving privileges not being available for the first 45 days after receiving the charge, your vehicle being immobilized for 90 days if it is registered to you, an ignition interlock device in your vehicle, and restricted yellow license plates.

If you are facing a second OVI / DUI conviction within a 6 year period of your first OVI conviction and refused a chemical test, then you will be charged with a first-degree misdemeanor. This charge entails serving a minimum of 20 days in jail or 10 days in jail and 36 days of electronically monitored house arrest or continuous alcohol monitoring. At most, you will serve up to 6 months in jail. You will be responsible for paying a minimum of $525 and up to a maximum of $1,625. Other penalties entail participating in a mandatory alcohol or drug assessment, a driver’s license suspension for a minimum of one year and up to a maximum of five years, any driving privileges not being available for the first 45 days after receiving the charge, your vehicle being immobilized for 90 days if it is registered to you, an ignition interlock device in your vehicle, and restricted yellow license plates.

Other Consequences of a Second DUI in Ohio

Second OVI / DUI offenses in Ohio involve harsh consequences in addition to jail time and expensive fines and fees.

Your second OVI / DUI conviction in Ohio will, unfortunately, have a negative impact on all other areas of your life. A second OVI / DUI conviction will permanently be on your driving record. You may also face increased vehicle insurance rates, difficulty keeping or finding a job, furthering your education, difficulty financially, maintaining professional licensures and keeping custody of your children.

Administrative License Suspension (ALS)

An administrative license suspension is a civil penalty although it is imposed at an OVI stop. If you are stopped for a second drunk driving offense and refuse to participate in a chemical test of blood, breath, or urine requested by law enforcement OR you tested over Ohio’s legal limit , then the officer is permitted to take your driver’s license on the spot and your driving privileges will immediately be suspended from that point forward. This is referred to as an administrative license suspension.

If this is your second time refusing a chemical test or you have previously been convicted for an OVI, the administrative license suspension will last for two years.

An administrative license suspension can be appealed in Ohio. It must be appealed at the first court appearance, which is held within 5 days of being arrested or being issued the citation. Issues that are brought up on an appeal include whether the arrest was reasonable, whether the officer requested that the individual take a chemical test, whether the individual was informed of the penalties for refusal or failing a chemical test, and whether the individual refused or failed the chemical test. It is also important to note that the court can still suspend your license if it determines that your driving is a risk or threat to public safety.

If you are facing an administrative license suspension, you can obtain limited driving privileges by filing a petition for up to 30 days after your initial appearance in court for the OVI charge. Limited driving privileges typically are for work, medical or educational reasons.

Second DUI offenses commonly occur criminal offense throughout the state of Ohio. If you are facing your second OVI / DUI charge, it is critical that you immediately contact the Cincinnati DUI lawyers with Luftman, Heck & Associates. A second OVI / DUI charge can be an overwhelming and anxiety-inducing experience, and you do not have to go through it alone. Although every case is different, it is crucial that you obtain an experienced, knowledgeable and compassionate attorney as soon as possible who will fight vigorously for your legal rights and best interest. The sooner you speak with an attorney, the better your options will be regarding your sentence. The Cincinnati Criminal Defense team has successfully defended hundreds of individuals charged with second OVI / DUI offenses. Their knowledge, experience, and compassion for your case will help you receive the justice you deserve.

Facing Your Second DUI in Ohio? Contact Cincinnati DUI Lawyers with LHA.

If you have been pulled over for an OVI, whether it’s your first time or a subsequent time, you’re likely stressed, angry, and worried about your future. The best thing to do is to call the experienced Cincinnati DUI lawyers with Luftman, Heck & Associates. In Cincinnati, attorney Brad Groene can walk you through your legal options and begin building a defense to reduce the penalties you face. Get the justice you deserve. Don’t hesitate to contact us today at or email us at advice@cincinnaticriminalattorney.com. We are available 24/7.
Cincinnati DUI Lawyer Brad Groene | Luftman, Heck & Associates