Penalties for Second OVI in Cadiz, Ohio

Unlike first OVI convictions, which a Cadiz OVI lawyer might explain as often being seen by courts as an isolated mistake and treated with a degree of leniency, second OVI offenses come with mandatory minimum penalties. These include steeper fines, extended driver’s license suspensions, and possible jail time. For offenders, judges evaluate two key factors when determining penalties:

• Whether the driver refused chemical testing one or more times in the past 20 years.
• The offender’s BAC (blood alcohol concentration) level at the time of the arrest, specifically if it was under or over 0.17 percent.

To potentially reduce or dismiss charges and ease these harsher penalties, hiring a skilled Cadiz criminal lawyer like Sean Logue of the Youngstown Criminal Law Group can be a game-changer, depending on the specifics of your case.

Types of Charges for a Second OVI Offense in Cadiz

For a second OVI offense linked to alcohol use, offenders must bear the cost of installing an ignition interlock device in their vehicle. Beyond this, penalties largely depend on BAC levels and prior refusals to chemical testing within the past two decades.

Second OVI, BAC Under 0.17 Percent

Offenders face the following consequences if their BAC is below 0.17 percent:

• Mandatory Minimum Jail Term: 10 days. However, if the jail lacks sufficient space, the judge can modify this to 5 days in jail along with 18 days under house arrest or with an alcohol-monitoring ankle bracelet. The maximum jail term remains 6 months.
• Fines: A range between $525 and $1,625.
• Driver’s License Suspension: At least 1 year, though driving privileges may be reinstated after 45 days.
• Yellow License Plates: Offenders must use these plates on their vehicle.
• Alcohol and Drug Programs: Mandatory drug and alcohol evaluations, as well as participation in recommended treatment programs.
• Vehicle Immobilization: The vehicle, if registered to the offender and involved in the arrest, will be immobilized for 90 days.

Second OVI, BAC of 0.17 Percent or Higher

For an elevated BAC level of 0.17 percent or above, penalties include:

• Mandatory Jail Sentence: A minimum of 20 days. If the jail is overcrowded, this may be reduced to 10 days of jail and 36 days of house arrest, often with alcohol-monitoring ankle bracelets. The sentence cannot exceed 6 months.
• Fines: Between $525 and $1,625.
• Driver’s License Suspension: 1 year, with driving privileges eligible for reinstatement after 45 days.
• Yellow Party Plates: These are mandatory.
• Alcohol & Drug Assessments: Offenders must complete evaluations and recommended treatment programs.
• Vehicle Immobilization: The vehicle in question will be immobilized for 90 days if registered under the offender’s name.

Second OVI, Chemical Testing Refused in the Previous 20 Years

When offenders have refused chemical testing within the past 20 years, penalties for a second OVI are as follows:

• Mandatory Jail Term: 20 days. This can be adjusted to 10 days in jail along with 36 days of house arrest with continuous alcohol monitoring if jail overcrowding is an issue. Jail sentences in this category cannot exceed six months.
• Fines: Between $525 and $1,625.
• Driver’s License Suspension: 1-year suspension, with driving privileges available for reinstatement after 45 days.
• Other Penalties:
• Mandatory yellow party plates.
• Drug and alcohol testing, as well as compliance with treatment plans.
• Immobilization of the offender’s vehicle for 90 days if it is registered to them.

Getting Driving Privileges Restored After a Second OVI

After an OVI arrest, offenders face an Administrative License Suspension (ALS). This suspension is automatic, and offenders must request limited driving privileges through Harrison County courts, whether it’s a county, municipal, or mayor’s court.

To regain driving privileges, offenders must fulfill the following requirements:

1. Pay the reinstatement fee.
2. Submit proof of insurance to the Ohio Bureau of Motor Vehicles.
3. Complete the assigned suspension period.

Consult Section 4511.191(F)(2) of the Ohio Revised Code for specific legal details.

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

When a driver is convicted of OVI with one prior conviction within the past six years, the judge is legally required to impose a Class 4 license suspension, which lasts between 1 to 5 years. Offenders must wait a mandatory 45 days before applying for restricted driving privileges. Associated requirements include the use of yellow party plates, payment of a $475 fee, and installation of an ignition interlock device for offenses involving alcohol.

How Sean Logue Can Help

Navigating Ohio’s strict OVI laws and penalties can be overwhelming. Partnering with an experienced Cadiz OVI lawyer like Sean Logue from the Youngstown Criminal Law Group ensures you’re not going through this alone. With extensive expertise handling OVI cases across three states, Sean can build a robust defense tailored to your unique situation.

When you need guidance or defense for an OVI offense in Harrison County, don’t hesitate to consult the Youngstown Criminal Law Group, whether you require a criminal law or someone who can expertly defend your OVI case. Reach out  (330) 992-3036 today and set up a  consultation with Sean!