Penalties for Second OVI in Carrollton, Ohio

Second OVI convictions in Carrollton come with mandatory minimum penalties that are more severe than those for first-time offenses. While a first OVI conviction might be seen by courts as a mistake and handled with relative leniency, repeat offenses result in harsher consequences. These include higher fines, extended driver’s license suspensions, and mandatory jail sentences. Crucially, judges consider two factors when deciding penalties for a second OVI offense. These are the refusal to take chemical tests within the last 20 years and whether the offender’s BAC (Blood Alcohol Concentration) was under or above 0.17 percent.

Working with a skilled Carrollton OVI lawyer, such as those at the Youngstown Criminal Law Group, can prove invaluable. Depending on the circumstances of your case, a competent attorney could help reduce or even dismiss the charges, sparing you some of the harsher penalties.

Types of Second OVI Charges

For all second OVI cases involving alcohol, it’s mandatory for offenders to install an ignition interlock device in their vehicles. Beyond this, penalties depend on the offender’s BAC at the time of the offense and any previous refusals to undergo chemical testing within the past 20 years.

Second OVI with BAC Under 0.17 Percent

• Mandatory Jail Time: A minimum of 10 days in jail is required. If the local jail facility doesn’t have adequate space, the judge may sentence offenders to 5 days in jail followed by 18 days of house arrest or the use of an ankle monitor that tracks alcohol use. The maximum jail sentence for this offense is 6 months.
• Fines: Offenders will pay a fine of at least $525 and up to $1,625.
• Driver’s License Suspension: The offender’s license will be suspended for a minimum of 1 year. However, driving privileges may be restored after 45 days.
• Yellow License Plates: The offender must attach special “party plates” to their vehicle for identification.
• Drug and Alcohol Assessment: Mandatory evaluation and participation in any recommended treatment programs.
• Vehicle Immobilization: If the offender’s vehicle is registered under their name and was used during the incident, it will be immobilized for 90 days.

Second OVI with BAC of 0.17 Percent or Higher

• Mandatory Jail Time: This offense carries harsher penalties, with a minimum of 20 days in jail. If space is unavailable in local jail facilities, the judge can impose 10 days in jail and 36 days of house arrest with continuous alcohol monitoring via an ankle bracelet. The maximum jail term is 6 months.
• Fines: The fine range for this offense remains $525 to $1,625.
• Driver’s License Suspension: A license suspension of at least 1 year is mandatory, though limited driving privileges can be restored after the first 45 days.
• Yellow License Plates: Offenders will again be required to have the party plates on their vehicle.
• Drug and Alcohol Assessment: Evaluation and adherence to treatment program recommendations are non-negotiable.
• Vehicle Immobilization: The offender’s car will be immobilized for 90 days if it is registered in their name and was driven during the offense.

Second OVI with Refusal to Undergo Chemical Testing in the Past 20 Years

• Mandatory Jail Time: A 20-day minimum jail sentence applies. Where jail overcrowding issues exist, judges may reduce this to 10 days in jail and 36 days of house arrest, with alcohol monitoring via an ankle bracelet. The sentence cannot exceed 6 months.
• Fines: Offenders face fines ranging from $525 to $1,625.
• Driver’s License Suspension: A one-year suspension is mandatory, with the option to apply for limited driving privileges after 45 days.
• Yellow License Plates: Offenders are required to use party plates.
• Drug and Alcohol Assessment: Offenders must complete an evaluation and adhere to any treatment recommendations.
• Vehicle Immobilization: If the offender’s car was used in the offense and is registered in their name, it will be immobilized for 90 days.

Driving Privileges Reinstatement After a Second OVI Offense

Once arrested for OVI, the offender’s license is automatically subject to an ALS (Administrative License Suspension). To regain limited driving privileges, the offender must petition the appropriate court, whether county, municipal, or mayor’s court, based on the area where the offense occurred.

The following steps are required to reinstate driving privileges:

1. Pay the reinstatement fee.
2. Submit proof of insurance to the Ohio Bureau of Motor Vehicles.
3. Fulfill the suspension requirements detailed in Section 4511.191(F)(2) of the Ohio Revised Code.

Ohio Revised Code 4511.19 and Court-Imposed Second OVI Suspensions

If convicted of a second OVI offense within six years of a prior conviction, the offender’s driver’s license will be suspended for a period ranging from 1 to 5 years (Class 4 suspension). Importantly, offenders must wait 45 days to become eligible to apply for reinstatement of limited driving privileges. Party plates, a $475 reinstatement fee, and an ignition interlock device are also mandatory under a conviction involving alcohol.

Why Hire a Carrollton OVI or Criminal Lawyer?

Dealing with the intricacies of Ohio’s OVI laws can be daunting. A reputable Carrollton criminal lawyer, such as Sean Logue from the Youngstown Criminal Law Group, offers the experience and training necessary to effectively defend against OVI charges. Sean Logue has successfully handled hundreds of cases across three states, meaning you’ll have a powerful advocate on your side to explore every possible avenue for mitigation or dismissal of your charges.

Take action today (330) 992-3036 to protect your future. Reach out to the Youngstown Criminal Law Group for the strong legal representation you deserve.