Penalties for Second OVI in Warren, Trumbull County, Ohio

Understanding Second OVI Convictions

Unlike first OVI (Operating a Vehicle Impaired) convictions, which courts often view as a mistake and treat more leniently, second OVI offenses come with mandatory minimum penalties. These include higher fines, extended driver’s license suspensions, and potential jail time. Judges must consider two key factors when determining penalties:

1. The driver’s refusal to undergo chemical testing within the past 20 years.
2. The driver’s blood alcohol content (BAC) level (whether it was under or over 0.17 percent).

To mitigate some of these harsher penalties, hiring an experienced Warren criminal lawyer like Sean Logue is highly recommended. Depending on your case, he can work to have charges reduced or dismissed.

Types of Second OVI Charges

Second OVI Cases Involving Alcohol

In all cases where alcohol is involved, offenders are required to install an ignition interlock device on their vehicle. Additional penalties are based on the driver’s BAC level and any prior refusals to undergo chemical testing over the last 20 years.

BAC Under 0.17 Percent

• Mandatory Jail Term: Minimum of 10 days. If the jail is overcrowded, this can be adjusted to 5 days in jail and 18 days of house arrest with continuous alcohol monitoring via an ankle bracelet.
• Maximum Jail Term: Up to 6 months.
• Fine: Between $525 and $1,625.
• Driver’s License Suspension: Minimum of 1 year, with the possibility of reinstating driving privileges after 45 days.
• Additional Penalties:
• Mandatory yellow license plates.
• Drug and alcohol assessment, along with any recommended treatment.
• Vehicle immobilization for 90 days if the car is registered to the offender.

BAC of 0.17 Percent or Higher

• Mandatory Jail Term: Minimum of 20 days. If overcrowded, this can be adjusted to 10 days in jail plus 36 days of house arrest with continuous alcohol monitoring via an ankle bracelet.
• Maximum Jail Term: Up to 6 months.
• Fine: Between $525 and $1,625.
• Driver’s License Suspension: Minimum of 1 year, with the possibility of reinstating driving privileges after 45 days.
• Additional Penalties:
• Mandatory yellow license plates.
• Drug and alcohol assessment, along with any recommended treatment.
• Vehicle immobilization for 90 days if the car is registered to the offender.

Refusal to Undergo Chemical Testing in the Past 20 Years

• Mandatory Jail Term: Minimum of 20 days. If overcrowded, this can be adjusted to 10 days in jail plus 36 days of house arrest with continuous alcohol monitoring via an ankle bracelet.
• Maximum Jail Term: Up to 6 months.
• Fine: Between $525 and $1,625.
• Driver’s License Suspension: Minimum of 1 year, with the possibility of reinstating driving privileges after 45 days.
• Additional Penalties:
• Mandatory yellow license plates.
• Drug and alcohol assessment, along with any recommended treatment.
• Vehicle immobilization for 90 days if the car is registered to the offender.

How to Get Driving Privileges Reinstated After a Second OVI

When someone is arrested for OVI, their license is automatically suspended administratively. This is known as an Administrative License Suspension (ALS). Offenders can request limited driving privileges through the appropriate court, whether it be a county court, municipal court, or mayor’s court.

To restore driving privileges, three requirements must be met:

1. Payment of a reinstatement fee.
2. Submission of proof of insurance documents to the Ohio Bureau of Motor Vehicles.
3. Completion of the assigned suspension period.

This process is governed by the Ohio Revised Code Section 4511.191(F)(2).

Ohio Revised Code Section 4511.19 and Court-Ordered Second OVI Suspensions

If convicted of a second OVI within six years, the judge must suspend the offender’s license for one to five years, classified as a Class 4 suspension. There is a 45-day waiting period before applying for reinstatement of driving privileges. Additional requirements include:

• Mandatory yellow license plates.
• A $475 reinstatement fee.
• Installation of an ignition interlock device if the conviction is alcohol-related.

Legal Representation

Sean Logue is a seasoned Warren OVI lawyer with extensive experience defending OVI cases across three states. He is prepared to assist you with your case and help you or call us at (330) 992-3036  to achieve the best possible outcome.

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