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Third DUI Offense Lawyer in Dayton, Ohio

Third DUI Offense Lawyer in Dayton, Ohio

Don’t take on your third DUI charge alone. Let the Dayton DUI lawyers at Gounaris Abboud fight to get you an optimal outcome for your case.

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Trusted Ohio Third Offense OVI Attorneys

Upon conviction of a third OVI within six years, you can expect serious consequences that will likely deeply affect your life, such as significant time behind bars, expensive fines and penalties, and a permanent DUI criminal record. Your life and work are likely to be affected, as well as your ability to get around freely in your vehicle.

The seriousness of these consequences makes it essential for those charged with OVI to have an experienced third DUI lawyer in Dayton representing them against the state. A third drunk driving offense lawyer from our team of attorneys can provide you with a robust defense against the state and preserve your rights and privileges for the future.

To learn how Gounaris Abboud can potentially help you avoid third DUI consequences, contact us for a free consultation and case review today.

TRUSTED OHIO THIRD OFFENSE OVI ATTORNEYS

Understanding Third Offense OVI in Ohio

OVI (operating a vehicle impaired), found in ORC 4511.19, is the technical term for DUI in Ohio.

It essentially classifies drinking and driving as a misdemeanor and sets a threshold of .08% as the legal limit for a person’s blood alcohol content (BAC). The term also applies to driving under the influence of drugs.

A third offense for an OVI is treated much more harshly than a first or second offense. Those convicted of OVI three times can expect jail time and fines as well as collateral consequences. A third offense occurs if you are convicted of the charge within six years of the first two convictions.

What Are the Penalties for a 3rd DUI in Ohio?

DUI penalties are harsh in Ohio. But when it’s a person’s third OVI offense, they can expect to face even harsher penalties and consequences.

Penalty Criteria BAC .08% – .17% BAC .17% or higher Refused a Test
Degree of Charge First-degree misdemeanor First-degree misdemeanor First-degree misdemeanor
Jail Time Minimum 30 days, Maximum 1 year or 15 days + 55 days to 1 year of electronically monitored house arrest. Minimum 60 days, Maximum 1 year or 15 days + 55 days to 1 year of electronically monitored house arrest. Minimum 60 days, Maximum 1 year or 15 days + 55 days to 1 year of electronically monitored house arrest.
Fine Minimum $850, Maximum $2,750. Minimum $850, Maximum $2,750. Minimum $850, Maximum $2,750.
Treatment Program Mandatory (Self-funded). Mandatory (Self-funded). Mandatory (Self-funded).
Driver’s License Suspension Minimum 2 years, Maximum 10 years. Minimum 2 years, Maximum 10 years. Minimum 2 years, Maximum 10 years.
Driving Privileges No driving for 180 days from the date of charge. No driving for 180 days from the date of charge. No driving for 180 days from the date of charge.
License Plate Requirement Restricted yellow Restricted yellow Restricted yellow
Ignition Interlock Device Mandatory installation Mandatory installation Mandatory installation
Probation Period Up to 5 years Up to 5 years Up to 5 years
Vehicle Penalty Immobilization for at least 90 days or forfeiture. Immobilization for at least 90 days or forfeiture. Immobilization for at least 90 days or forfeiture.

* 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.

 

Third DUI with a Low BAC

When it comes time to sentence an OVI offender, the law makes a distinction between defendants based on their blood alcohol concentrations. Generally speaking, the lower your BAC as a third DUI offender, the milder your sentence and penalties are likely to be.

If you have been convicted of a third DUI within six years of your first two, and your BAC was between .08% and .17%, you can expect to be charged with a first-degree misdemeanor. This charge carries with it at least 30 days in jail or 15 days behind bars and at least 55 days of electronic monitoring.

Third DUI with a High BAC

If you have been convicted of a third OVI and you had a BAC that is over .17%, your charge will still be a first-degree misdemeanor. However, you will face a tougher sentence minimum of 60 days in jail or 15 days in jail and at least 55 days of house arrest. Additionally, expect to pay more in fines. Third-time offenders with a high BAC face at least $850 in fines and can potentially be held to pay up to $2,750.

Third DUI & Refused a Test

In Ohio, all drivers are presumed to have given implied consent to a chemical test by driving on Ohio roadways. Hence, when a law enforcement officer insists on a chemical test, there are penalties for refusing to submit to one.

If you have been convicted of OVI for a third time and you refused a chemical test from a law enforcement officer, you face at least 60 days behind bars with a maximum of one year or 15 days in jail and a minimum of 55 days of house arrest with an electronic monitor.

Collateral Consequences of Third DUI in Ohio

Criminal penalties are not the only consequences of a third DUI in Ohio. Defendants must also face serious collateral consequences that can make leading a normal life difficult.

Immobilizing Your Vehicle

After a third offense for an OVI within six years, you will be forced to immobilize your vehicle and relocate it for a minimum of 90 days. This involves having a tow company tow your vehicle to a location where a police officer will attach a boot or a club so it cannot be moved. To get your vehicle released, you must obtain an entry signed by a judge.

Administrative License Suspension (ALS)

An administrative license suspension is a civil penalty that suspends a driver’s driving privileges. If you are pulled over by a law enforcement officer and refuse to take a chemical test, the law enforcement officer is permitted to seize your driver’s license right there, known as an administrative license suspension.

The length of the suspension depends on various circumstances, such as your prior criminal record. With a third conviction of OVI, an administrative suspension will have a duration of three years. Additionally, if you have refused a chemical test in the past twice and refuse one for a third time, your license suspension will last three years.

Fortunately, your DUI lawyer can fight to get your license back by filing an administrative license suspension appeal at your first court appearance. If your license remains suspended, you can file a petition with the court seeking limited driving privileges for work, medical, and other such reasons.

Are You Facing 3rd OVI Charges in Dayton, OH?

If you are facing a 3rd OVI charge, call Gounaris Abboud at (937) 915-6271 or reach out online and schedule a free consultation with a Dayton defense attorney.
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Take a step toward freedom from your charges. Contact our experienced DUI attorneys and potentially avoid a third OVI conviction.

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How Many DUIs Is a Felony in Ohio?

DUI/OVI in Ohio is a serious charge, yet it is only charged as a misdemeanor until you experience your fourth DUI within 10 years or your sixth DUI within 20. If you receive a fourth DUI within 10 years, you can expect to be charged with a fourth-degree felony. A sixth DUI within 20 years is also charged as a fourth-degree felony. Once you receive a felony charge for a DUI, all subsequent DUI/OVI charges will be filed as felonies.

DUI Count & Span 4th DUI (10 Years) 6th DUI (20 Years)
Classification Fourth-degree felony Fourth-degree felony
Minimum Jail Time 60 days 120 days
Maximum Jail Time 12 months 12 months
Fine Up to $10,500 Up to $10,500
License Suspension Possible lifetime suspension Possible lifetime suspension
License Plate Mandatory yellow restricted Mandatory yellow restricted
Interlock Device Mandatory installation Mandatory installation
Vehicle Penalty Possible forfeiture Possible forfeiture

What to Do After Your 3rd DUI Offense in Ohio

Given the serious consequences, you must be very careful about your actions when facing a 3rd DUI.

We suggest that you:

  • Contact an attorney;
  • Don’t admit to guilt;
  • Use your right to remain silent as you await your attorney;
  • Do not drive if you have a restriction already in place (i.e., the court immediately revokes your license).

These simple steps can make a big difference in the outcome of your case.

How Our OVI Attorneys Can Help After a Third OVI

The DUI defense lawyers at Gounaris Abboud are ready to investigate your charge and mount a formidable defense on your behalf. Here’s what you can expect when you work with our team:

1.

Case Assessment

Your OVI attorney will review every detail of your case and the arresting officer’s report case for errors, weaknesses, and violations of your rights.

2.

Defense Strategies

Our team will develop comprehensive defense strategies, such as challenging the efficacy of the traffic stop and any relevant chemical tests.

3.

Plea Negotiations

Your attorney will fight to get your charges reduced in exchange for waiving trial – if the deal is bad, your attorney will take the case to court.

4.

Representation at Trial

If your case must go to trial, you can expect nothing less than a robust defense from our team of OVI attorneys.

5.

Sentence Mitigation

If you are convicted, the fight isn’t over — your OVI attorney might be able to mitigate penalties like fines and jail time.

To secure high-quality representation from a firm that cares, call for a free consultation today.

Why Choose Gounaris Abboud for Your Traffic Violation Defense?

When it comes to third-offense DUIs, experience matters. At Gounaris Abboud, we’ve got a track record that demonstrates our ability and passion for winning cases. Choose us and get a firm with:

Five-Plus Decades of Collective Experience

Five-Plus Decades of Collective Experience

Respected Attorneys in the Ohio and National Legal Communities

Respected Attorneys in the Ohio and National Legal Communities

Personalized Service and Care for Clients

Personalized Service and Care for Clients

Unparalleled Advocacy

Unparalleled Advocacy

Around-the-Clock Availability

Around-the-Clock Availability

Testimonials
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
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
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
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.

Contact Our Dayton Third OVI Defense Lawyer Today!

Contact a third DUI conviction lawyer from our team. They can review your case and craft an effective defense to get your charges reduced or dismissed or to get you an acquittal at trial. Reach out for a free consultation at (937) 872-4197 today. We are ready to listen and fight for you.
Available 24/7 & Obligation-Free

FAQs

Are there any mandatory jail time requirements for a third DUI offense in Ohio?

Yes. There are mandatory minimums for a third DUI offense in Ohio. If our BAC is between .08% and .17%, there is a mandatory minimum of 30 days in jail. If your BAC is over .17%, the minimum jail time required is 60 days.

Will a third DUI offense result in the suspension of my driver’s license?

Yes. A third DUI offense on your record will cause your license to be suspended for at least two years and at most ten.

Can I refuse a chemical test for a third DUI offense in Ohio?

Yes. However, if you refuse a chemical DUI test for a third time in Ohio, you will face 60 days in jail and other penalties and consequences.