If you were arrested for DUI in Ohio, you might think that you’ll face one criminal charge, depending on how much alcohol was in your blood when officers pulled you over. However, it’s not that simple. Many drivers don’t realize that a single traffic stop can lead to multiple allegations, each carrying separate consequences.
In this situation, understanding the law and how it’s applied becomes critical. With your driver’s license, criminal record, and freedom at stake, guidance from experienced Dayton DUI attorneys can make all the difference. Let’s take a closer look at what happens when prosecutors file multiple DUI charges.
Can You Really Get Two DUI Offenses at Once?
If you’ve been pulled over and tested on suspicion of driving under the influence, you can be arrested and charged with two offenses from the same incident — sometimes called a “double DUI”.
While it might sound like a mistake or a legal loophole, this is a real scenario under DUI laws in Ohio and in many other states.
What Is a Double DUI?
A double DUI doesn’t mean you were pulled over twice or committed two separate DUI offenses. Instead, this term refers to being charged under two different statutes stemming from the same incident.
Prosecutors can file multiple charges according to the following separate legal theories:
- Impairment DUI: Based on officer observations and field sobriety test results, which are considered evidence of impairment.
- Per se DUI: Based on your blood alcohol concentration (BAC) alone, with the BAC test result serving as evidence.
You can be convicted of a per se DUI even if you were driving and acting normally.
Likewise, you can be convicted of an impairment DUI even if your BAC was within the legal limit.
How It Happens: Two DUI Charges from One Stop
Here’s a hypothetical scenario that could result in a double DUI:
- An officer observes you swerving and drifting into the opposite lane.
- The officer stops you on suspicion of impaired driving.
- The officer observes that your speech is slurred and smells alcohol on your breath.
- Based on these signs, the officer asks you to take a breathalyzer test.
- The breathalyzer measures your BAC at 0.10%, and the officer takes you into custody.
- The prosecutor uses the officer’s report and the BAC test result to file charges against you.
In this scenario, the officer reports that you showed signs of impairment, and the breathalyzer records that your BAC was over 0.08%. Therefore, the prosecutor can file both impairment and per se DUI charges.
On your arrest paperwork, you might see the term “operating a vehicle while impaired”, or OVI. This is the legal term for this crime in Ohio. In everyday language, however, many people use the term “DUI”, which is more widely understood.
OVI and DUI charges can be confusing. Speak with a Dayton DUI attorney today to understand your rights and next steps.
Is It Legal to Be Charged with Both Per Se and Impairment DUI?
Yes. Ohio law allows prosecutors to file multiple charges for the same act, as long as the charges are based on different legal elements. This is known as “alternative charging”, and it is commonly used in DUI cases.
Thus, a prosecutor might pursue both a per se and an impairment DUI charge in order to increase the likelihood of a conviction. However, if the prosecutor is successful, the sentence will be based on only one of the charges; you will not be convicted of both offenses for the same incident.
What Happens If You’re Convicted?
If the prosecutor can prove their case in court, you will be sentenced on only one count — typically the one with the more severe penalty. The court will determine the appropriate sentence based on this offense.
Along with the sentence, the presence of multiple charges can also affect the following aspects of a criminal case:
- How your case is perceived by the court
- Bail conditions
- Plea negotiations
Since most cases end in plea deals instead of trials, a double DUI charge can have a big impact during the negotiation process.
DUI Penalties in Dayton, OH
While you can only be convicted of one DUI offense for a single incident, the presence of multiple charges can influence how prosecutors approach your case and how the judge determines your sentence.
Penalties may include jail time, heavy fines, license suspension, mandatory education or treatment programs, and community service. Some DUI offenses carry a minimum sentence required by law, which may include mandatory jail time or community service.
These penalties increase dramatically for each conviction. For a full breakdown of potential consequences by the number of previous offenses, check out our detailed Ohio OVI penalties chart.
What If You Refuse a Breath or Blood Test?
Refusing a chemical test in Dayton, OH, triggers an automatic license suspension under the state’s implied consent laws.
Even if officers don’t have chemical evidence of a high BAC, they can still arrest you based on any signs of impairment they observe. This means that a refusal won’t necessarily protect you. It may even limit your legal defenses.
Can a Lawyer Beat Multiple DUI Charges?
Absolutely. An experienced Dayton DUI attorney can analyze the details of your arrest and look for common errors, such as:
- Faulty testing procedures
- Uncalibrated breathalyzer equipment
- Improper police stops
- Violations of constitutional rights
A thorough investigation of the case could uncover errors by law enforcement officers or weaknesses in the prosecution’s evidence.
In some cases, a strong defense can lead to reduced charges — or a full dismissal.
Protect Your Rights After a Double DUI Charge
Being charged with two DUIs at once can complicate an already stressful situation, but you don’t have to navigate it alone.
A DUI conviction can have long-term effects on your life, including your job and personal reputation. Prosecutors may stack charges to strengthen their case, but that doesn’t mean you’re out of options.
Every case is different, and time is critical. Contact Gounaris Abboud today to schedule a free consultation and get the experienced guidance you need.
