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Are Repeat Offenses a Major Factor in DUI Cases?
Ohio is tough on DUI, also known as operating a vehicle under the influence (OVI). Potential penalties for a first DUI may include three days to six months of jail time, fines ranging from $375 to $1,075, depending on your blood alcohol content (BAC), and driver’s license suspension for one to three years. For repeat offenders, the stakes are even higher, and penalties become more severe with each subsequent conviction. Understanding what to expect if you have been charged with a second, third, or subsequent DUI can help you prepare for the legal process ahead.
What Is the Law on DUI in Ohio?
The law on operating a vehicle under the influence of alcohol or drugs (OVI) is found in the Ohio Revised Code Section 4511.19. This statute prohibits the operation of a vehicle with a BAC of 0.08% or higher or while impaired by drugs or alcohol.
While DUI charges are generally based on BAC results or observed impairment, the severity of penalties depends mainly on the number of DUI convictions within a certain period and the level of alcohol in your blood.
How Do Prior Convictions Affect a DUI Case?
Penalties for DUI escalate significantly for repeat offenders. Ohio has a 10-year look-back period. Any prior DUI convictions within the previous 10 years will be considered in determining penalties for a new DUI. Penalties increase as follows:
- Second DUI: A second conviction carries a mandatory minimum of 10 days in jail with a maximum sentence of six months, fines ranging from $525 to $1,625, driver’s license suspension for one to seven years, and an ignition interlock device on reinstatement.
- Third DUI: A third offense is punishable by a minimum of 30 days, up to one year in jail, fines ranging from $850 to $2,750, and driver’s license suspension for two to 12 years.
- Fourth or subsequent DUI: With a fourth or subsequent offense, DUI is elevated to a felony, significantly increasing the consequences. Potential penalties include a minimum of 60 days and up to five years in state prison, fines ranging from $1,350 to $10,500, lifetime suspension of driving privileges, mandatory vehicle forfeiture, and a permanent criminal record.
What Is Habitual Offender Status?
Under Ohio’s habitual OVI law, an offender with at least three prior convictions within the past 10 years or at least five convictions within the past 20 years can be charged with felony OVI. Being labeled as a habitual offender can significantly increase penalties for DUI. Individuals assigned this status are subject to severe restrictions, including being listed in a habitual offender registry and facing lifetime driver’s license revocation.
What Are the DUI Defenses for Repeat Offenders?
Repeated DUI offenses carry heavy consequences. A skilled DUI attorney can apply every available defense strategy to get the charges reduced or dismissed. The following are common DUI defenses:
- Challenging the traffic stop: Law enforcement must have a valid reason for pulling you over. If your attorney can prove that police officers lacked reasonable suspicion, any evidence collected in the traffic stop may be inadmissible in court.
- Questioning field sobriety tests: Field sobriety tests administered by police officers on the side of the road can be unreliable, particularly if you have a medical condition that affects your balance. Your attorney may argue that the tests were administered improperly or that other factors affected your performance.
- Disputing BAC results: Many factors can affect the accuracy of BAC readings in breathalyzer tests. These include improper maintenance, calibration errors, and medical conditions such as acid reflux. Questionable BAC results may be excluded from evidence.
- Questioning probable cause for arrest: The Fourth Amendment provides protection against unreasonable search and seizure, and law enforcement must have probable cause to make an arrest. If police lacked sufficient evidence, your attorney may be able to get the charges dropped.
- Arguing improper administration of blood or urine tests: Law enforcement must follow strict protocols in administering blood and urine tests. If they fail to do so, test results may be deemed inadmissible in court.
What Is the Impact of Multiple DUI Convictions on Your Life?
In addition to criminal and administrative penalties, such as incarceration, fines, and driver’s license suspension, multiple DUI convictions can have long-term consequences in your personal and professional life, including the following areas:
- Employment opportunities: Many employers conduct background checks before hiring employees. A criminal record with multiple DUI convictions can make finding a job difficult. This is particularly true for positions that involve driving or require a clean record.
- Housing opportunities: Like employers, landlords often run background checks on potential tenants. A record of DUI convictions could limit your housing options.
- Insurance rates: Auto insurance rates increase significantly after a DUI conviction. Some companies may refuse to insure a driver with a record of multiple convictions.
- Professional licensing: For those who hold professional licenses, multiple DUI convictions could lead to disciplinary action and license suspension or revocation. In Ohio, many professions require licensing, including healthcare providers, attorneys, real estate agents and brokers, appraisers, mortgage loan originators, electricians, plumbers, HVAC contractors, general contractors, barbers, cosmetologists, teachers, psychologists, engineers, architects, surveyors, private investigators, home inspectors, embalmers, and commercial drivers.
If you are facing second, third, or subsequent DUI charges, it is in your best interests to speak with an experienced DUI lawyer as soon as possible. Our team of skilled criminal defense attorneys at Watson Kuhlman, LLC has extensive experience defending clients against OVI charges in Ohio. We can provide effective representation in even the most challenging cases. Call us at 216-208-7858 to schedule a free consultation.
