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Third DUI in Ohio

If you're charged with a third DUI offense, let us defend you. Free consults available. Call LHA: (513) 338-1890.

Are you facing a third DUI in Ohio?

If convicted of a third OVI in six years in Ohio, your life will completely change. You will lose many of your freedoms and privileges. You face significant jail time, expensive fines, alcohol treatment, another permanent mark on your record, difficulty keeping your job, and a damaged reputation as a repeat OVI offender.

A third OVI / DUI in Ohio is not to be taken lightly. But you should also not just accept your fate. There is a lot an experienced DUI lawyer can do. There may be problems with your case that may lead to a dismissal or participating in treatment may reduce your penalties. No matter what, it is critical to consult with an attorney as soon as possible.

You do not have to go through this alone. Attorney Brad Groene with LHA has had a lot of success helping people deal with subsequent DUI changes in and around Hamilton County, Ohio. His knowledge, understanding, and skill can help you deal with charges the right way, so you secure the best possible outcome. The sooner you consult with a local defense attorney, the better. It could mean the difference between jail time, keeping your license, and getting the charges dismissed altogether.

To learn more about your options after a third DUI in Cincinnati, call attorney Groene with Luftman, Heck & Associates at (513) 338-1890. We are available 24/7 and here to help.

Third Offense OVI in Ohio

An OVI is also known as operating a vehicle under the influence of drugs or alcohol in Ohio. OVIs are defined under the Ohio Revised Code (ORC 4511.19) as anyone who operates a vehicle while under the influence of alcohol, drugs, or a combination with a blood alcohol concentration (BAC) over the legal limit of .08 %.

Unfortunately, many people convicted of an OVI in the past wind up being charged again. While your first offense or second DUI is serious, a third conviction exposes you to considerable harm. Specifically, Ohio considers it your third OVI offense if it occurs within 6-years of two previous convictions

Penalties for Third DUI in Ohio

Ohio third OVI / DUI penalty breakdown

  • BAC was .08% – .17%
    first degree misdemeanor with at least 30 days in jail, at least $850 in fines, 2yr driver’s license suspension
  • BAC was .17% or higher
    first degree misdemeanor with at least 60 days in jail, at least $850 in fines, and 2 yr driver’s license suspension

A third OVI conviction in Ohio carries severe penalties, and will be a lot more serious than your previous two convictions. There will also be less leeway from judges and prosecutors, who may view you as a habitual drunk driver.

Third DUI with a Low BAC

If you are facing your third OVI within six years and you had a low BAC (.08 – .17%), you will be charged with a first-degree misdemeanor. This means a minimum of 30 days in jail and up to a maximum of one year, or 15 days in jail plus a minimum of 55 days of electronically monitored house arrest and up to a maximum of one year.

You will be responsible for paying a minimum of $850 and up to a maximum of $2,750 in fines, attending a mandatory alcohol treatment program that you will also be responsible paying for, a driver’s license suspension for a minimum of two years and up to a maximum of 10, no driving privileges for 180 from the date the charge occurred, restricted yellow license plates, installing an ignition interlock device in your vehicle, up to 5 years on probation, and either immobilizing your vehicle for at least 90 days or forfeiting it.

Third DUI with a High BAC

If it is your third OVI within six years, and you had a high BAC (.17% or greater), you will still be charged with a first-degree misdemeanor. But the sentences increase to a minimum of 60 days in jail and up to a maximum of one year, or 15 days in jail plus a minimum of 55 days of electronically monitored house arrest and up to a maximum of one year.

You will be responsible for paying a minimum of $850 and up to a maximum of $2,750 in fines, attending a mandatory alcohol treatment program that you will also be responsible paying for, a driver’s license suspension for a minimum of two years and up to a maximum of 10, no driving privileges for 180 from the date the charge occurred, restricted yellow license plates, installing an ignition interlock device in your vehicle, up to 5 years on probation, and either immobilizing your vehicle for at least 90 days or forfeiting it.

Third DUI & Refused a Test

If you are faced with a third OVI within six years and you refused a chemical test, then a conviction means a minimum of 60 days in jail and up to a maximum of one year, or 15 days in jail plus a minimum of 55 days of electronically monitored house arrest and up to a maximum of one year.

You will be responsible for paying a minimum of $850 and up to a maximum of $2,750 in fines, attending a mandatory alcohol treatment program that you will also be responsible paying for, a driver’s license suspension for a minimum of two years and up to a maximum of 10, no driving privileges for 180 from the date the charge occurred, restricted yellow license plates, installing an ignition interlock device in your vehicle, up to 5 years on probation, and either immobilizing your vehicle for at least 90 days or forfeiting it.

Other Consequences of Third DUI

Not surprisingly, there are additional repercussions for a thrid OVI other than jail time and expensive fines.

A third OVI / DUI conviction will permanently be on your driving and criminal record. Your car insurance rates will rise significantly, and it may be hard finding or keeping a job. There will likely be consequences at work if you have a professional license, complications with any custody arrangements, and obvious limitations in your ability to get around and live your life without a drivers’ license. You may also face some stigma as a repeat OVI offender or someone with an alcohol or substance abuse addiction.

Immobilizing Your Vehicle

If you are convicted of a third OVI offense in Ohio, you are required to immobilize and relocate your vehicle if it is titled to you for at least a 90 day period. Essentially this entails having your vehicle towed to another location and then a law enforcement officer will put a boot or club on your car so it is unable to move. The only way you can get your vehicle out of impoundment is by an entry signed by a judge.

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 third 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 third time refusing a chemical test or you have previously been convicted for an OVI, the administrative license suspension will last for three 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 can be appealed 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.

How a Lawyer Can Help After a Third OVI

It may be tempting to just accept your fate if you’re pulled over for a third DUI in Cincinnati, but you still have rights and options to consider. These cases can be defended against, and an experienced lawyer can help you do it. Therefore, do not accept any deal or make any statement about what happened until you’ve consulted a lawyer.

A third OVI / DUI charge can be overwhelming, but you do not have to go through it alone.

Although every case is different, your DUI lawyer will fight vigorously for your rights and best interest. The police may have lacked a reason to stop you in the first place or the court may be miscalculating the lookback period for your charge. Mistakes are also common with how BAC tests are conducted and substance abuse treatment may spare you from some of the harshest penalties. An experienced lawyer can also help with the administrative process of getting your license back.

So no matter the details of a third OVI, it’s always best to speak with a knowledgeable and dedicated attorney. At LHA, we have successfully defended countless individuals in situations a lot like yours, charged with their third OVI. Our experience, skill, and compassion helped them get their charges reduced, dismissed, or found not guilty in court. let us help you too.

Facing Your Third DUI? Contact LHA.

If you have been pulled over for an OVI, whether it’s your first or subsequent time, you’re likely stressed, angry, and worried. We get it, but 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 options and build a defense to get you past it.

Don’t hesitate to contact us 24/7 for a free consultation at (513) 338-1890 or email us at advice@cincinnaticriminalattorney.com.

★★★★★
Bradley Groene made an exceptionally difficult situation much easier to handle. He kept me informed of everything that was going to happen and got results for my case far better than I could have hoped for. I would highly recommend him for anyone who finds themselves in legal troubles.