Columbus and Delaware, Ohio DUI / OVI Attorney
Attorney David Johnson of Johnson Legal, LLC, is an experienced Columbus and Delaware, Ohio DUI / OVI attorney who will discuss the details of your case, how to protect your ability to drive and fight the charges against you. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation.
DUI / OVI Under Ohio Law
DUI (known as “OVI” in Ohio) is typically a 1st degree misdemeanor. DUI / OVI occurs, pursuant to 4511.19 of the Ohio Revised Code, when a person operates a motor vehicle while under the influence of alcohol, a controlled substance, or a combination of both, or the person’s blood alcohol concentration (BAC) is over 0.08.
The state of Ohio considers DUI / OVI a serious charge. This is particularly true if the person has been charged with a second DUI / OVI offense after being convicted once before. A second DUI / OVI offense is considered very serious according to the criminal justice system and, therefore, it is essential that you hire an experienced and qualified attorney.
Penalties for Second DUI / OVI Offense in Ohio
A second DUI / OVI offense is typically a 1st degree misdemeanor. However, the prosecution may seek to increase the charges based on serious bodily injury to another person or property damage resulting from the offense. The penalties for a second DUI / OVI offense are as follows:
- A second DUI / OVI conviction carries a maximum 6 months in jail. Additionally, a second DUI / OVI conviction requires a mandatory 10 days in jail.
- The court will impose a fine of $$525 – $1625.
- Mandatory drug and alcohol assessment.
- Immobilization of the vehicle driven by the person for 90 days and impoundment of the license plates for 90 days.
Ohio Driver’s License Suspension for DUI / OVI
Pursuant to ORC 4510.02, a person convicted of a second DUI / OVI is subject to a class four driver’s license suspension. This means that the court will suspend your driver’s license for a period of 1 – 7 years. However, under 4510.021, the court may allow limited driving privileges for employment or educational purposes. Moreover, the court may require the person to take a driver’s license exam, alcohol or drug treatment, or a remedial driving course before the court will reinstate the person’s driver’s license.
DUI / OVI Administrative License Suspension in Ohio
Ohio is an implied consent state. The implied consent law mandates that a person must agree to blood, breath or urine testing if an officer suspects them of drunk driving. Refusing to agree to these tests dictates an administrative license suspension. This suspension is automatic.
A person whose license has been suspended has 30 days to request a hearing to review the suspension. The person may also petition the court for limited driving privileges for educational or employment reasons.
Additional DUI / OVI Information
DUI / OVI Field Sobriety Tests
Secure Continuous Remote Alcohol Monitoring (SCRAM)
Vehicle Forfeiture and Immobilization
Ohio DUI / OVI Driver’s License Points
Reinstatement of Driver’s License
For more information, consult Johnson Legal, LLC’s DUI / OVI blog.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been arrested for a second DUI / OVI offense in the Columbus or Delaware, Ohio areas, contact Johnson Legal, LLC to discuss your case. Attorney David Johnson is an experienced Delaware and Columbus, Ohio DUI attorney who will speak with you about the facts of your case and vigorously defend you and your ability to drive. Don’t face the serious consequences and repercussions of a DUI / OVI charge alone. Contact Johnson Legal, LLC at (614) 987-0192 to schedule a consultation.
Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Union County, Madison County and Delaware County