Second OVI/DUI
Arrests for Operating a Vehicle Impaired (OVI) top the list as one of the most common offenses in Ohio. If you find yourself in the unfortunate position of being charged with OVI for a second time, ensure someone who has a history of effectively defending these types of cases represents you. A guilty verdict is likely to result in jail time, the suspension of your license, and very damaging implications for your criminal record.
Remember: these cases can be defended! Attorney Brian Joslyn is an instructor in the administration of field sobriety tests and is certified in the operation, diagnostic, verification and calibration of breath alcohol testing instruments. He has pored over the science behind tests as well as chain of custody control and will pinpoint where the prosecutors have overrated the quality of evidence.
Dayton Second OVI/DUI Lawyer
Dayton DUI defense lawyer Brian Joslyn has been passionately applying himself to the understanding of criminal law since he was in his teenage years. He strongly believes in the presumption of innocence and pressing to the government to live up to its role of proving guilt beyond a reasonable doubt. Joslyn Law Firm will serve as a steadfast ally to lower or dismiss the charges you face.
Call us at (937) 356-3969 to schedule a free consultation. We will talk through the police encounter, any tests that were collected, and explore flexible options to cover the cost of your defense.
Ohio Second OVI/DUI Information Center
- What is the length of time that a previous DUI conviction will affect a subsequent one?
- What are the possible consequences if a person is convited of this offense for the second time?
- Are there any defenses against these charges?
Second OVI Charges in Montgomery County
Those with a prior OVI conviction within the last six years who are currently facing a charge for OVI stand to be penalized with jail time, an extended loss of driving privileges, a fine, treatment classes, and the immobilization of your vehicle.
Ohio has a “lookback period” of six years, meaning if your prior conviction for OVI occurred seven years ago, the court system will treat your case as a first-time OVI.
Ohio Penalties for Second OVI/DUI
Second OVIs are typically punishable as a misdemeanor of the first degree. A conviction carries a mandatory minimum of 10 days in jail with the max sentence up to six months. A fine of $525 to $1,625 will be assessed.
The government will assign a community addiction services provider to evaluate you and offer treatment recommendations to the court. A class four license suspension will be handed down, ranging from one to five years in which your driving privileges are reduced to school, work, and treatment classes. Finally, a 90 day immobilization of your vehicle is ordered.
For those with a BAC above 0.17, the mandatory minimum jail sentence is 20 consecutive days.
Defenses for Second OVI/DUI in Montgomery County
Prosecutors use a mix of evidence in order to prove beyond a reasonable doubt that a defendant was intoxicated (above the legal limit) from drugs or alcohol while operating a motor vehicle. Joslyn Law Firm will cull all of this evidence and look for inconsistencies and potential mishandling. Evidence typically includes dash camera records, police reports, witness statements, sobriety tests, and tests of breath, blood, or urine. At any point, if the evidence is called into question or the methods used by police deemed to be unrepresentative or unconstitutional, Joslyn Law Firm will press the prosecutors on the accuracy of their case.
It is possible, if the evidence is not a sure case for prosecutors, to reduce the charge to Ohio Revised Code § 4511.20, operation in willful or wanton disregard of the safety of persons or property. The offense is considered a minor misdemeanor, or misdemeanor of the fourth degree, punishable by no more than 30 days in jail and a fine up to $250.It is common for conditions of a plea agreement for this lesser charge to include treatment classes, a greater fine, and suspension of your license.
Joslyn Law Firm’s number one priority is reducing or dismissing the charges against you.
Find the Best Second OVI/DUI Lawyer in Dayton
If you or a loved one has been arrested for OVI in Columbus, Dayton, Beavercreek, or the surrounding areas, call Joslyn Law Firm. We have the experience and knowledge of the local courts that will allow you the greatest insight into your case. Joslyn Law Firm devotes the necessary time and resources to your case to ensure the best possible outcome. Regret over how a criminal case is handled can last a lifetime. Call (937) 356-3969 to talk about how to proactively fight this case so you can move on with your life.
