What to Expect When Being Charged for a Third OVI in OH
July 16, 2024
Facing a third charge of operating a vehicle under the influence (OVI) in Ohio brings serious consequences and legal challenges that demand immediate attention. Understanding what to expect can help you manage the process effectively.
The process typically begins with a traffic stop. An officer might pull you over for erratic driving, a traffic violation, or at a sobriety checkpoint. If the officer suspects impairment, they’ll likely ask you to perform field sobriety tests and may request a breathalyzer test. Ohio’s implied consent law means refusing a chemical test can result in automatic license suspension.
After arrest, the officer will transport you to the police station for booking. This process includes fingerprinting, photographing, and potentially further chemical testing. Depending on the circumstances and your ability to post bail, you might spend the night in jail.
Penalties for a Third OVI Conviction
A third OVI charge triggers several immediate consequences. Your driver’s license faces immediate suspension, often before your court date. This suspension can last for years, severely impacting your daily life. The police may impound your vehicle, adding to your financial burden with towing and storage fees. The court might impose pretrial restrictions, such as mandatory alcohol monitoring or travel limitations. A third OVI charge may also jeopardize your professional license or employment status, depending on your occupation.
Ohio treats third OVI offenses harshly. Potential penalties include mandatory jail time of at least 30 consecutive days, with a possible maximum of one year. Fines range between $850 and $2,750, plus court costs. Your license suspension could last at least two years, and potentially up to 12. The court may order the forfeiture of your vehicle.
Alcohol or drug addiction treatment programs have become mandatory. You must install an ignition interlock device in your vehicle for license reinstatement. Ohio may require you to use special yellow license plates to identify you as a repeat OVI offender. A third OVI conviction results in a permanent criminal record, impacting future employment and housing opportunities.
Additionally, certain factors can increase the severity of penalties, including a blood alcohol concentration of 0.17 or higher, refusing a breathalyzer or blood test, your OVI resulting in an injury accident, and having a minor in the car.
A third OVI conviction also carries long-lasting consequences outside of the legal system. You can expect significant increases in auto insurance premiums. Many employers hesitate to hire individuals with multiple OVI convictions. Landlords may deny housing applications based on your criminal record. Finally, the stress and stigma of multiple OVI convictions can strain personal relationships.
What to Expect from the Legal Process
The legal process begins with an arraignment, where you enter a plea and the judge informs you of the charges and potential penalties. Your attorney and the prosecutor will discuss the case in pretrial conferences, potentially negotiating a plea deal or preparing for trial. Your lawyer may file motions to suppress evidence or challenge the arrest’s legality. If your case proceeds to trial, it may involve a jury or a bench trial before a judge.
What Defense Strategies Are Effective in OVI Cases?
An experienced OVI attorney can employ various defense strategies on your behalf. They might challenge the traffic stop if the officer lacked reasonable suspicion. Field sobriety tests often prove subjective and may face challenges in court. Breathalyzer results can be questioned due to faulty equipment, improper administration, or medical conditions affecting test accuracy.
Your lawyer might explore alternative explanations, such as medical conditions or medications mimicking intoxication symptoms. In some cases, plea bargaining may result in reduced charges or penalties.
Contact an Ohio OVI Attorney Today
If you face a third OVI charge in Ohio, the experienced attorneys at DiCaudo, Pitchford & Yoder understand the law and the challenges you face. We can provide the robust defense and guidance you need during this critical time.
Contact our office today for a consultation.