Criminal and Traffic
In Ohio If you drink and drive in Ohio, you are committing a serious crime which has serious consequences, economic and otherwise.
ALS Suspension: If you are stopped by a police officer in Ohio for drunk driving and you refuse to take a super I just, or if you elect to take the test and the results of that test exceed the legal limit of blood alcohol concentration (BAC) the officer can take your drivers license immediately and your license suspension will begin immediately. If the suspension is based upon a refusal to take the test, your license will be suspended for a period of one year. Depending upon whether or not you have had prior offenses and/or refusals your license can automatically be suspended for a period of 90 days to a maximum of five years.
First Offense:For a first offense, OVI carries an administrative license suspension of six months. Additionally, first offense OVI convictions carry a mandatory minimum incarceration period of three days with potential incarceration of up to six months. In some circumstances, the jail time can be avoided but the driver must attend an intensive driver intervention program.
Fines and costs range from a minimum of $250 to more than $1000. This does not include costs of the intervention program in lieu of jail time which the court might order. Additionally, you will have a cost to reinstate your drivers license.
Convictions for DUI carryover and can be recognized and influence future charges for DUI.
Second Offense: Potential penalties for a second offense of DUI get more stringent. If you refuse to take the ALS test you are facing a two-year license suspension. A second DUI Ohio defense is punishable by a maximum of six months in jail. The look back period, that is the length of time that a prior DUI conviction or plead guilty will be considered is six years. This means that any prior conviction or a guilty plea on a DY occurring within six years of the current DUI will be considered a first DUI offense the court will then review the case pending before it as a second DUI and impose the statutorily increased penalties. A second time DUI offender is subject to 10 days and up to six months in jail, or a combination of jail time, house arrest with monitoring, and continuous El Cajon monitoring. The court may also find you a minimum of $300 and not more than $1500. The court may also and pound your vehicle and license plates for pure to 90 days. The court may also suspend your drivers license for a period of one year to five years.
Third Offense: Things only get worse for a third offense. Refusal to take the breath test will result in a three year license suspension. Now the jail time is a minimum 30 consecutive days to one year. The fine is now a minimum of $500 and not more than $2500. There is a mandatory attendance in an alcohol treatment program required and this is paid by the offender. Your vehicle will be mobilized and plates and pounded for 180 days. And the court suspension now ranges from one year to 10 years.
If you have been arrested for DUI, it is highly recommended that you call our office, 330-792-2336, for a free consultation with regard to your rights and and potential penalties. It is highly inadvisable to go to court on your own.