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.
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.
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:
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.
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.
Client was accused of being under the influence of narcotics. Drug Recognition Expert (DRE) was successfully challenged.
A young college student was stopped for speeding on Stimpson Ave. The Ohio State Patrol Officer administered field sobriety tests and placed the Client under arrest. The Client agreed to take a breath test and “blew” a .16. In reviewing the OSP video tape of field sobriety tests, Andrew found that the Trooper had unfairly graded the Client. Andrew was able to negotiate a reduced charge based on his client’s performance on the field sobriety tests.
Client was charged with OVI on the basis of being under influence of narcotics. The Officer who made the traffic stop was a Drug Recognition Expert (DRE) and the OVI charge was based solely on the Officer’s opinion as a DRE. Andrew’s cross-examination of the Officer at a suppression hearing revealed that the Officer’s opinion’s were based on flawed assumptions. The case was dismissed.
The client was charged with an OVI, facing a significant license suspension and fine. Their charge was negotiated to physical control of a vehicle while intoxicated, which carried a much more lenient sentence.
Client was charged with Operating a Vehicle while Impaired, a misdemeanor. Attorney Andrew Stevenson negotiated their participation in a Driver Intervention Program, preventing a conviction and a permanent criminal record.
Client was charged with a felony OVI while possessing a firearm. If convicted, they could be sentenced to a maximum of 30 months in jail, plus additional sentencing for the weapon enhancement. Attorney Andrew Stevenson negotiated a diversion in the case, reducing the charge to reckless operation of a vehicle while possessing criminal tools.
Client was charged with OVI and had a prior OVI conviction from 15 years earlier, outside Ohio’s 10-year lookback window. Attorney Andrew Stevenson negotiated the case to a Driver Intervention Program rather than a second OVI conviction.
Client was charged with an OVI, a charge that carries mandatory jail time, license suspension, and a permanent mark on their driving record. Attorney Andrew Stevenson negotiated with the prosecution to secure a reduction. The OVI charge was amended, and our client was able to complete a Driver Intervention Program in lieu of an OVI conviction avoiding jail time, protecting their license, and keeping an OVI off their permanent record.
Attorney Andrew Stevenson represented a client charged with Operating a Vehicle Impaired. After reviewing the case and negotiating with the prosecution, the charge was resolved through a Driver Intervention Program rather than an OVI conviction.
Attorney Andrew Stevenson secured a favorable outcome for his client charged with misdemeanor OVI by successfully negotiating a reduction to reckless operation. The result allowed the client to avoid an OVI conviction and the significant long-term consequences that accompany it.
Attorney Andrew Stevenson’s client was charged with OVI, an offense that can carry up to six months in jail, fines up to $1,075, and a license suspension of as long as three years. Stevenson worked out a resolution placing the client in a Driver Intervention Program in place of jail, and clearing the charge from their record.
A client facing an OVI charge retained Attorney Andrew Stevenson. After review and negotiation with the prosecutor, the OVI was reduced to a Reckless Operation offense avoiding mandatory jail time, a license suspension of up to three years, and a permanent OVI on the client’s record.
Client faced a first-offense misdemeanor OVI and the mandatory penalties that come with it: three days in jail, fines up to $1,075, and a one-to-three-year license suspension. Attorney Andrew Stevenson got the charge reduced to Reckless Operation carrying no jail time and a maximum fine of $150.
The client was charged with failure to comply with a police officer’s signal, OVI, and two counts of failure to stop after an accident, facing up to five and a half years in prison. The client pled to the indictment as charged, yet Andrew Stevenson’s sentencing advocacy still secured probation and kept the client out of prison entirely.
The client came to the firm facing aggravated vehicular assault, OVI, failure to stop after an accident, and driving under suspension potentially taking on up to 14 years in prison, with the aggravated vehicular assault count carrying mandatory prison time. Attorney Andrew Stevenson resolved the entire case to a single minor misdemeanor with only a fine, no jail, and no felony conviction.
Client faced both an OVI count and a paired unlawful-alcohol-concentration charge, along with the mandatory jail time a first-offense OVI conviction carries. Attorney Andrew Stevenson resolved the case to a single OVI plea served through Ohio’s 72-hour Driver Intervention Program (no jail), with the unlawful-alcohol-concentration count dismissed.
A .230 BAC reading combined with a prior OVI conviction brought the client a second-offense high-tier charge, carrying a mandatory minimum of 20 days in jail, license suspension of up to seven years, and 90 days of vehicle immobilization. Andrew Stevenson negotiated the case down to a first-offense OVI, eliminating the second-offense mandatory minimums and the harsher license and vehicle consequences.
A clients first-offense misdemeanor OVI carries a mandatory three days in jail, fines up to $1,075, and a license suspension for one to three years. Attorney Andrew Stevenson got his client’s case dismissed.
Client was charged with first-offense misdemeanor OVI, an offense carrying a mandatory three days in jail, fines up to $1,075, and a license suspension of one to three years. Stevenson got the charge reduced to Underage OVI (OVUAC), a fourth-degree misdemeanor with no mandatory jail time, fines up to $250, and a license suspension of 90 days to two years.