Seasoned Dayton Second DUI Defense Attorney
Montgomery County residents and visitors can rely on Gounaris Abboud to vigorously pursue every defense strategy necessary for their cases. Our attorneys have a long track record of successfully challenging prosecutors’ cases and mitigating the consequences their clients face.
Once you choose Gounaris Abboud to represent you, you’ll never have to worry about what can be done in your case because if it can be done, our team is doing it. In other words, we handle everything from arrest investigations to plea negotiations and go to the lengths necessary to provide you with a robust defense.
If you have been arrested and charged with a second DUI offense, do not delay in calling a second DUI OVI charge lawyer from our team. Let’s discuss your case and explore your options for defense.
When Is an OVI a 2nd Offense?
A second offense DUI OVI occurs when a driver is arrested and charged with DUI OVI for the second time within a specific period of time known as a look-back period. The look-back period, as explained in the Ohio Revised Code §4511.19, is ten years and applies to DUI convictions in Ohio and all other states in the country. With a conviction for a second DUI offense, an individual will face harsher punishments.
These are the situations when an OVI offense would be considered a second offense:
- You’ve been convicted of OVI within ten years of your current offense;
- You’ve had an OVI charge reduced within ten years of a current OVI charge;
- You have a conviction for an OVI-related offense, such as a hit-and-run, on your record and you get convicted of another one within ten years.
Keep in mind that according to the Ohio Revised Code, the look-back period applies only to misdemeanor OVI convictions. If you have a conviction for a felony OVI, no limitation on the look-back period exists.
The Penalties for a 2nd OVI / DUI in Ohio
Ohio’s legal system may go relatively easy on first-time OVI offenders. However, if you catch a second OVI, you will be looking at much harsher penalties, which include a mandatory stint in jail, a criminal and an administrative license suspension, and thousands in fines.
| Penalties | 2nd OVI in Ten Years (BAC .08% – .17%) | 2nd OVI in Ten Years (BAC .17% or Higher) | Second OVI Test Refusal |
|---|---|---|---|
| Jail Time | Mandatory minimum of 10 consecutive days to max 180 days. | Mandatory minimum of 20 days. | At least 20 days. |
| Fines | Minimum: $525 to $1625 + court costs. | Minimum: $525 to $1625 + court costs. | Minimum: $525 to $1625 + court costs. |
| License Suspension | One year minimum to 7-year maximum suspension & reinstatement fee: $475. | One year minimum to 7-year maximum suspension & reinstatement fee: $475. | License suspension varies based on past offenses. |
| Driving Privileges | Wait time: 45 days with Interlock device & special plates. | Wait time: 45 days with Interlock device & special plates. | License suspension varies based on past offenses. |
| Vehicle Immobilization | 90 days (if titled to you) + initial impoundment & relocation. | 90 days (if titled to you) + initial impoundment & relocation. | – |
| Additional Penalties | Higher for test refusal and prior DUI/OVI within 20 years. | Higher for test refusal and prior DUI/OVI within 20 years. | – |
| License Points | 6 points | 6 points | 6 points |
| Probation | Likely, with required alcohol assessment. | Likely, with required alcohol assessment. | Likely, with required alcohol assessment. |
*This table is provided for informational purposes only and may not encompass all possible legal outcomes or penalties. It is always recommended to consult with a legal professional to understand individual rights and potential consequences.
What Not to Do After Your 2nd DUI In Ohio
We understand the overwhelming nature of a 2nd DUI charge. Try to remain as calm as you can and remember that legal help is available.
To aid your defense and protect your rights, hire an attorney and be sure that you do not:
- Speak to the police without your attorney present;
- Admit to guilt to anyone;
- Miss court dates or appointments with your attorney;
- Violate any federal or state laws.
We suggest you follow the advice above and get in touch with Gounaris Abboud, LPA. We can assist you in fighting the legal consequences.
