Second Offense DUI Lawyer in Cincinnati, Ohio
Facing a second DUI in Ohio can affect the rest of your life. Law enforcement, prosecutors, judges, and juries are tough on repeat OVI offenses. A second Ohio OVI in 10 years not only places you under strict scrutiny but also heightens the burdens you carry. At moments like these, you need an experienced and highly capable second-offense DUI lawyer.
LHA Is Your Optimal Second OVI Defense Attorney
When the weight of your second OVI charge looms over you or a loved one, the Cincinnati DUI lawyers at Luftman, Heck & Associates offer guidance and stability. After all, you’re probably wondering: “How will a 2nd DUI affect my job?” “Will I face jail time?” “Is there a way out or a chance to reduce these penalties?”
Defending Against a 2nd OVI in Cincinnati, Ohio
The first step to reducing the penalties for a second DUI, dismissing the charge, or proving your innocence in a second DUI case is to understand the unique nuances of your situation through a free and confidential case consultation. Then, our team will evaluate your second OVI charge against our deep knowledge of the Ohio Revised Code to craft your defense meticulously.
From gathering evidence and cross-examining witnesses to critically analyzing the results of any scientific tests, we’ll look at every angle and pursue every avenue to challenge the DUI stop, refute DUI test results, and ultimately secure you the best possible resolution.
Based in Cincinnati but with a reach extending to Hamilton, Lebanon, Fairfield, and surrounding regions, Luftman, Heck & Associates is committed to ensuring that justice is served and seen. Call (513) 338-1890 now or submit a request 24/7 to deal with a second OVI without delay.
Navigating a Second DUI
Ohio Revised Code §4511.19 clearly outlines the parameters that define a DUI/OVI as anyone who operates a motor vehicle while under the influence of alcohol, drugs, or a combination and their blood alcohol concentration (BAC) is over the legal limit of .08 %. The legal limits vary depending on the substance – from marijuana to amphetamines.
When is an OVI a 2nd Offense?
Ohio has a 10-year look-back period for DUI/OVI charges. This means that prosecutors can consider any prior OVI or OVI-related offenses within the past 10 years when sentencing you for a new OVI offense. This is true even if a prior DUI was in another state.
An OVI is considered a second offense in Ohio if the defendant has been convicted of one OVI or OVI-related offense within the past 10 years. This includes offenses that were reduced to reckless driving or another lesser offense.
Here’s when an OVI would be a 2nd offense in Ohio:
- You’re convicted of a second OVI within 10 years of your first OVI.
- You are convicted of a prior OVI offense that was later reduced. If you’re convicted of another OVI within 10 years offense, it may still be treated as a second OVI.
- You’re convicted of an OVI-related offense, such as leaving the scene of an accident. Within 10 years of that offense, if you’re convicted of another OVI offense, it may be treated like a second OVI.
Ohio’s 10-year look-back period also does not apply to all OVI offenses. For example, if you were previously convicted of a felony OVI, any subsequent OVI will be a second offense, regardless of how much time has passed.
2nd DUI Penalties in Ohio
Compared to your first DUI, the penalties for a second DUI conviction in Ohio are much more severe and include– mandatory jail time, thousands of dollars in fines, and a driver’s license suspension lasting up to 7 years. But with a proactive legal approach, there’s potential to mitigate these penalties.
Your 2nd OVI in Ten Years: What to Expect
- Jail Time
Mandatory minimum of 10 consecutive days to Max 180 days. High Test Second DUI: 20 days min.
Minimum: $525 to $1625 + Court Costs
- License Suspension
One year minimum to 7-year maximum suspension & Reinstatement Fee: $475
- Driving Privileges
Wait Time: 45 days with Interlock device & special plates
- Vehicle Immobilization
90 days (if titled to you) + initial impoundment & relocation
- Additional Penalties
Higher for test refusal and prior DUI/OVI within 20 years
- License Points
Likely, with required alcohol assessment
Second OVI Penalty Breakdown
- BAC was .08% – .17%
First-degree misdemeanor with at least 10 days in jail, at least $525 in fines, and a one-year license suspension.
- BAC was .17% or higher
First-degree misdemeanor with at least 20 days in jail, at least $525 in fines, and one year driver’s license suspension.
Second OVI Test Refusal
If you refuse a sobriety test for a second OVI, the Ohio Revised Code §4511.191 allows officers to suspend your license immediately, and you’ll be charged with a first-degree misdemeanor with at least 20 days in jail. Your license suspension period varies based on past offenses, but you can appeal this decision.
Life After a 2nd DUI in Cincinnati, Ohio
While the legal implications of a 2nd offense OVI in Ohio are undoubtedly real, the personal and professional ramifications can sometimes be even more challenging. You’ll also need to deal with employment complications, social stigma, and limitations on your freedoms, especially if you have a suspended license, OVI plates, or an ignition interlock device on your car.
Maybe you’re a single parent worried about getting your kids to school. Perhaps you’ve just secured a new job and are stressed about transportation. Whatever your concerns, the 2nd DUI attorneys at LHA provide more than just legal advice – they offer a practical approach to addressing the problems that come with another OVI.
The Benefit of Legal Help for a Second OVI
It’s easy to feel like your second DUI offense is hopeless. But every case can be improved with a proactive and aggressive defense strategy.
You may be able to get your second offense penalties reduced to what you’d see in a first offense if you secure a favorable DUI plea agreement. You could reduce the time you need to spend in custody by casting doubt on the test used to measure your BAC, and you could also get the case dismissed entirely if there are considerable weaknesses in the case.
Regardless, there are several ways an attorney can help defend against a second OVI charge and potentially improve the situation. Examples include:
Evaluate the Traffic Stop & OVI Arrest
Your attorney should first analyze the legality of the traffic stop and the arrest itself. If law enforcement didn’t have a valid reason for the stop or did not follow proper procedures, the case could be dismissed, or the evidence suppressed.
Challenge the DUI Evidence
Proving that someone is driving under the influence is harder than you may believe. Field Sobriety Tests (FSTs) can be subjective, and various factors can influence accuracy. An attorney can challenge their reliability. Even breath, blood, and urine tests can be faulty if the machines are incorrectly calibrated or administered improperly. Errors or malfunctions can provide grounds to challenge the results.
Question the Probable Cause
Your lawyer will also investigate to ensure that the arresting officer had a valid reason for suspecting you were under the influence. Without probable cause, any evidence collected could be deemed inadmissible.
Explore Diversion Programs & Pleas
Some jurisdictions may offer programs that, if completed successfully, can lead to reduced penalties like house arrest, community service, probation, or even a dismissal of your case. An attorney can also negotiate with prosecutors for an agreeable outcome. This might involve pleading guilty to a lesser charge to avoid harsher penalties of a second OVI.
Help with OVI License Suspension
Besides the criminal case, an OVI will affect your driving ability. An attorney can represent and advocate for the client during administrative hearings with the Ohio BMV, explain ignition interlock requirements, and help secure driving privileges.
Highlight Positive Factors
Aside from attacking the case against you, as part of defending against a second offense DUI, your lawyer can present evidence of your good character, responsibility, and efforts towards rehabilitation, which can influence a judge’s decision during sentencing.
Facing a 2nd OVI in Cincinnati? Call LHA Now
Facing an OVI for the second time in Ohio means harsher penalties and much less sympathy for your actions. However, you can overcome these challenges with a skilled attorney and move on with your life. But being hands-on, informed, and working closely with legal professionals is crucial.
Whether it’s your first DUI or not, you’re likely worried. The best thing to do is to call the experienced Cincinnati DUI lawyers with Luftman, Heck & Associates. Attorneys Brad Groene and Juliea Crumes have had considerable success dealing with repeat OVI charges and a track record for resolving subsequent DUI charges favorably.
Contact LHA at (513) 338-1890 for a free and confidential consultation to get started.