There are serious penalties for repeat DUI offenses in Toledo. The punishments under Ohio law increase with each prior DUI conviction. You’re probably feeling worried and overwhelmed if you’ve been charged with a second, third, fourth, or fifth DUI.
At Patituce & Associates, we understand the severe criminal penalties, license suspensions, and financial difficulties resulting from repeat DUIs. Our DUI attorneys in Toledo will do everything we can within the bounds of the law and professional ethics to get your case dismissed or your sentence reduced.
We can vehemently argue the facts and bargain with the prosecution on your behalf to lessen the penalties. If your case goes to trial, you can be sure you’re getting the best legal representation. Our team includes three former prosecutors and has handled over 200 criminal trials.
Contact our law office in Toledo, Ohio, at 419-737-4556 to arrange a free consultation and case review.
Who Is Considered a DUI Repeat Offender?
In Ohio, a person convicted five times in the past 20 years of DWI, OVI, BUI, physical control, or a related offense is considered a repeat offender. The penalties for DUI/OVI increase in severity if you have previously been convicted of the offense or a similar felony. Your administrative license suspension and sentence for DUI/OVI lengthen with each offense.
The Ohio Department of Public Safety maintains a registry of habitual DUI/OVI offenders in the state. The registry contains the offender’s name, birthdate, residence, and the total number of convictions they have had in the last 20 years.
What Are the Penalties for a 2nd DUI in Ohio?
In Ohio, the minimum punishment for a second DUI is a fine of at least $525, a license suspension of at least a year, and at least ten days in jail. It’s vital to note that the minimum sentence is increased to 20 days in prison for a high BAC test or for refusing a chemical test.
You may also be required to obtain restricted license plates, install an ignition interlock device, have your automobile impounded, and attend addiction counseling. A court may impose additional fines such as community control (probation) and using a SCRAM device on top of those already mentioned.
What Are the Driving Privilege Eligibility After a 2nd DUI Offense?
According to Ohio State law, a judge cannot award you driving privileges until you have served the required waiting period. The normal waiting period is 45 days if this is your second OVI offense. If you refused the breathalyzer test, you may have to wait up to 90 days before being able to obtain driving privileges.
People with a second low-level OVI are often handed restricted plates, commonly known as party or family plates if they request to continue driving. They are necessary on a second OVI with a high test result but not on a refusal of the breath test.
You must use the restricted plates when your license is suspended. Judges often impose treatment plans, evaluations, probation, community service, or SCRAM ankle monitors in instances of a second OVI to deter drinking.
What Are the Penalties for a 3rd or More DUI Offense in Ohio?
The penalty for a third DUI in Toledo, Ohio, will rely on the amount of alcohol in your blood or whether you refused to submit to a chemical test since you’ve already been convicted of DUI.
The following are the minimum punishments in Toledo, Ohio, for a third DUI.
- 30 days in prison for committing a third DUI in 10 years
- Driving license suspension for two to twelve years
- A minimum fine of $850
The length of your BMV license suspension if you decline to submit to a breathalyzer test will depend on how many times you’ve been caught in the previous ten years. The absolute minimum is a three-year suspension with no privileges for a year. If you consent to a test, the suspension is at least two years without privileges for 180 days.
If you are convicted of more than three DUIs, you may serve months or perhaps years in prison, along with lengthy probation and high fines. You may also lose other rights, such as voting and carrying a weapon, if found guilty of a felony DUI.
The fourth DUI/OVI in less than six years will result in felony charges. You will be included on a list of habitual offenders if you are charged with your fifth DUI/OVI within 20 years.
How Can Patituce & Associates Help a DUI Repeat Offender Case?
While some people opt to represent themselves in a DUI case without a lawyer, this is not a wise choice. It is crucial to speak with a seasoned Patituce & Associates DUI defense attorney immediately after being detained for a DUI or other offense involving alcohol for three key reasons.
Professional Case Assessment
You can feel at ease with the help of a capable DUI attorney from Patituce & Associates. Our lawyers are well-versed in the criminal justice system and adept at managing each stage of the procedure. We can assess the case’s advantages and disadvantages and decide how to defend you best.
Our DUI defense attorneys will investigate every facet of the case. The investigation can entail questioning witnesses, checking if field sobriety tests and chemical tests were done incorrectly, and acquiring evidence to construct the best DUI defense strategy.
Thorough & Aggressive Court Representation
You have a better chance of succeeding in your DUI case if you hire a Toledo DUI defense attorney from Patituce & Associates. In many cases, our attorneys can persuade the prosecution to reduce the charge from a DUI to something less serious or negotiate a plea deal for the minimum sentence.
Our team includes three former prosecutors and has handled over 200 criminal trials. So if your case goes to trial, you can be sure you’re getting the best legal representation.
Get Legal Help for Repeat DUI Offenses in Toledo!
Don’t just sit back and let the prosecution decide your fate if this is your second, third, or higher DUI charge. You are not guilty until the jury decides so. Penalties are higher for repeat DUI offenses in Toledo, Ohio, so having a reliable attorney to defend you is essential.
The DUI defense attorneys at Patituce & Associates have several strategies to argue for a case to be withdrawn or reduced. We will review your case and discuss your defense alternatives before trial. Contact us at 419-737-4556 to schedule a free consultation.