Lancaster Second Offense OVI Lawyer

A second OVI charge is taken much more seriously by the courts than your first offense. The sentences are stiffer and you may face sanctions like community control (house arrest) and a SCRAM tether, a device which lets your probation officer know instantly if you drink and drive.

That’s the bad news. The good news is that a Lancaster second offense OVI lawyer who knows Ohio law and courts can explain your options and stand with you in court for a better outcome. Call my office if you need a tested OVI defense attorney to represent you.

How Does a Second Offense OVI Differ From a First Offense?

A “second offense” OVI is any impaired driving offense within ten years of the original impaired driving citation (Ohio Revised Code § 4511.19), or a citation for refusing an implied consent blood alcohol test (ORC § 4511.191). Ohio law has a “lookback” period of up to 20 years in some cases.

Second OVI offenses have minimum mandatory jail terms for people in Lancaster, OH, license suspension, and additional penalties. These penalties can include an ignition interlock device placed on your car, a SCRAM tether, probation, fines, and substance abuse treatment.

Effective Defenses for a Second Offense OVI

When I take your case for a second OVI, I will review the case carefully for potential defenses to drop the charges or reduce possible penalties. Since a second OVI depends on the nature of the first case, the first part of my review may be to see if your citation falls within the lookback period allowed by Ohio law. Other possible defenses to a second OVI can include:

• Challenging the validity of the stop. Law enforcement must have probable cause to stop a vehicle for an OVI check. If the stop was made at a DUI checkpoint, the checkpoint must meet certain guidelines to be legal.
• Improper field sobriety tests. These tests must be performed under certain conditions by trained officers. If they are not, the results may not give adequate proof of intoxication.
• Poorly calibrated Breathalyzers. The field test kits are known to be less accurate than the lab test devices. Both devices must be regularly maintained and calibrated to give accurate readings.
• Improper test procedures. You must have been given the option of a breath test, urinalysis, or blood test. You may refuse a field sobriety test, but you cannot refuse a chemical test once you have been arrested. However, you can ask for a different test besides the Breathalyzer.

If you were not in physical control of the vehicle, just being in or near the car at the time of the arrest is not sufficient proof you were operating while impaired. I can use witness testimony and video evidence to establish that a Lancaster defendant was not driving and challenge a second OVI on those grounds.

The primary difference between a first and second OVI is that the stakes are higher. I will work to find legal grounds to reduce your charges and keep you out of jail.

Get Legal Advice From a Lancaster Attorney About Your Second OVI Charge

Immediate legal advice from a Lancaster second offense OVI lawyer is the difference between jail time and probation. When you come to my office, I will review your case to identify the best legal outcome.

When you need skillful legal representation and a criminal defense attorney to fight for your civil rights and due process, schedule a consultation with me as soon as you can.