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Second OVI/DUI Offense Lawyer in Dayton, Ohio

Second OVI/DUI Offense Lawyer in Dayton, Ohio

Have you been charged with OVI for a second time and don’t know what to do? Our second OVI attorneys are here to fight for you.

We offer:

  • Free consultations
  • 24/7 availability

Call for a free consultation today.

Free Case Analysis
50+ years
of combined experience
95%
of successful cases

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?

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.

 

 

Are You Facing 2nd OVI Chargesin Dayton, OH?

Call Gounaris Abboud, LPA today at (937) 915-6271 or contact us online to schedule a FREE consultation with our Dayton second DUI attorney!
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Take the first step toward a strong defense. Contact us now to protect your rights and fight 2nd OVI/DUI violence charges.

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Common 2nd DUI/OVI Defense Strategies

Depending on the facts, there may be various defense strategies your attorney can use to defend you, including:

Challenging Police Stop

Analyzing the initial stop to determine whether there was sufficient probable cause to make the stop.

Field Sobriety Tests (FSTs)

Reviewing the circumstances of the field sobriety test to determine if administered correctly.

Breathalyzer Issues

Identifying any issues that may have caused inaccurate breathalyzer readings.

BAC Testing Problems

Investigating whether the BAC examination procedures were correctly followed.

Illegal Search and Seizure

Determining whether the police violated the Constitution when stopping and arresting the driver.

Health Conditions

Arguing that a health condition may have played a role in a driver’s impaired operation of their vehicle.

Rising BAC

Making the argument that a driver’s BAC was below the legal limit at the time of the police stop but kept rising until a BAC test was conducted.

Seeking Witness Testimonies

Identifying and speaking with witnesses to the accident.

Negotiating Plea Deals

Aggressively negotiating for reduced charges or sentences.

Diversion Programs

Investigating diversion programs to avoid full prosecution and sentencing.

At Gounaris Abboud, we carefully review every aspect of your case to determine which defense or defenses would be most appropriate.

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How Our OVI Attorneys Can Help with a 2nd OVI

Our team of second DUI offense lawyers can help get you out from under your charges. Here’s what we can do for you:

1.

Strategic Defense

We never use cookie-cutter defense tactics. We build a robust defense that is individually tailored to the specifics of your case.

2.

Evidence Examination

We will comb through every piece of evidence against you to ensure that it meets the standards demanded by law.

3.

Legal Knowledge

Our extensive knowledge of OVI laws in Ohio comes into play at every stage as we fight to defend you against the state.

4.

Negotiation Skills

We are fierce negotiators on behalf of our clients. We routinely negotiate reduced charges as well as alternative sentencing options.

5.

Protecting Your Rights

Our team makes sure that the prosecutors and police in your case respect your Constitutional rights, and we take action when they do not.

6.

Supportive Guidance

You will need legal guidance and support as your case makes it through the courts. We make ourselves available 24/7.

You can rely on Gounaris Abboud. Call for a confidential consultation today.

Why Choose Gounaris Abboud for Your DUI Defense?

Why choose Gounaris Abboud to represent you against the state? Here are a few reasons:

Proven Track Record

Proven Track Record

We've got over five decades of experience successfully providing strong defenses for residents and visitors in Montgomery County and Ohio.
Judicial Insight Advantage

Judicial Insight Advantage

During our years of experience, we have come to develop insight into how the judicial system might rule on a variety of matters.
Personalized Approach

Personalized Approach

Each client receives legal services that are specifically tailored to match their circumstances.
Strong Advocacy

Strong Advocacy

We always engage in aggressive advocacy for our clients and never let the state overstep when trying to take your freedom.
24/7 Availability

24/7 Availability

When we take on your second offense OVI charge, you will always be able to reach our team 24/7 with your concerns.
Recognized Excellence

Recognized Excellence

Super Lawyers and The National Trial Lawyers are two of the various groups that have recognized our dedication to our clients and the results we get for them.
Hear What<span class="subtitle">Our Clients Are Saying</span>

Hear WhatOur Clients Are Saying

5
I found Gounaris and Abboud through good online reviews. Mr. Abboud handled my cases very professionally for two years. He truly takes his cases to heart and cares about his clients. He keeps you informed and has all the answers to all your questions. You really feel safe with Mr. Abboud as your lawyer. I would highly recommend him to anyone needing professional family law representation.
Patty M.
5
They did absolutely everything possible to help reduce the sentence and charges faced. The fees for their services were worth every cent and superior to any public defendant representation. They both put their hearts into their work and care like nobody else I have ever encountered in the legal system.
Melinda Q.
5
Attorney Nick Gounaris handled my case and he did a wonderful job. I am very pleased with this law firm. I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my many questions and they were very sympathetic and understanding, always quick to respond when I would call. I am happy with the outcome of my case. If you find yourself in a situation that needs legal help, these are the guys to call!
Melinda Q.
5
I thought I was in a no win situation until I met these gentleman. They are smart, aggressive, dedicated, connected and CAN GET THE JOB DONE.
James O.
5
They did absolutely everything possible to help reduce the sentence and charges faced. They both put their heart into their work and care like nobody else.
Karis F.
5
I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my questions.
Melinda Q.
5
“They both put their heart into their work and care like nobody else I have ever encountered in the legal system.”
Karis F.
5
“I felt a sense of peace and confidence when I met Tony. He has given me undivided attention in our appointments together.”
Sarah B.
5
Having my wife find herself in a legal situation which required top notch representation, we were introduced to Nick Gounaris of the firm Gounaris, Denslow and Abboud. Throughout the process, Nick provided us with not only his professional law expertise, but also continual reassurance that we would receive a very positive outcome. Nick went above and beyond in advising us regarding our case. We cannot thank Nick enough for his encouragement, truthfulness and belief in my wife. We give Nick and his firm 5 stars. If anyone is in the need of legal representation, the firm of Gounaris, Denslow and Abboud is the only choice.
Todd M.

Contact Our Dayton 2nd OVI/DUI Lawyer Today!

Don't hesitate to get the defense you need. Call our office today to speak with Dayton lawyers who will vigorously fight against your 2nd OVI/DUI violence offense case.
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FAQs

Is jail time mandatory for 2nd DUI in Ohio?

It depends on the circumstances of your OVI case. In Ohio, you are looking at mandatory jail time of a minimum of ten days for a second OVI offense if it is your second OVI within six years of the first offense. If, however, it is your second DUI/OVI within six to ten years, the judge may be moved to allow alternative sentencing options. Given the ever-changing nature of the law, it is important to reach out to an experienced second OVI charge lawyer for current laws and policies.

How long will my license be suspended for a 2nd OVI offense?

For a second OVI offense, you are looking at a minimum license suspension time of one year. Depending on your case, this could be extended to seven years.

Will I need to install an ignition interlock device after a 2nd OVI?

Generally speaking, you are required to use an ignition interlock device after a second DUI conviction. Tampering with an interlock device is a crime.

Can I get limited driving privileges during the suspension period?

Yes. Under certain circumstances, limited driving privileges may be available in a DUI case to allow the accused to continue to engage in certain essential activities.

Can I refuse a breathalyzer test during a 2nd OVI stop in Ohio?

Yes. You have the right to refuse the request of a police officer to submit to a breathalyzer test. However, doing so can result in jail time and serious fines.

Is it possible to get a 2nd OVI charge reduced or dismissed?

Yes. Getting a charge dismissed or reduced is a possibility, depending on the circumstances of your case and the skill of your second OVI attorney.