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Second OVI Refusal

Any DUI charge carries the potential for harsh consequences that can disrupt your future for years to come. In certain situations, however, the penalties increase drastically. In the case of a DUI offense in which the driver refused to take a BAC test, if the accused has a prior offense within the last 20 years, the second refusal can be charged as a separate criminal offense. 

With so much at stake, the help of an attorney can make all the difference. A lawyer with experience in Ohio's courtrooms can help protect your future while easing the stress that you're under. You're in for a tough fight, and having an experienced attorney on your side can be invaluable during this challenging time.

Attorney for a Second OVI Refusal Case in Cincinatti, OH

Joslyn Law Firm has represented dozens of individuals across Ohio in tough situations like yours. Brian Joslyn and his team know exactly what you're up against, and they know that you need an aggressive defense to defend your future against these accusations.

Call (513) 339-6289 today to schedule your free initial consultation. We can examine the details of your case and give you an honest outlook on your options. It can be difficult to know the best direction to take, but we can help put your mind at ease while we undertake the task of proactively forming a defense that's right for you.


The Penalties for a Second OVI With a Second Refusal

Ohio Revised Code §4511.19 defines that an individual with a blood or breath alcohol concentration (BAC) of .08 or above may be arrested for driving under the influence, formally called OVI. To determine if a driver is over the legal limit, police officers will often order a breath, blood, or urine test to determine the presence of alcohol or drugs in the driver's system.

In the state of Ohio, driving a vehicle comes with "implied consent" to submit to a lawfully requested chemical test. That means, if you are suspected of OVI and the arresting officer makes a lawful request for you to submit to a breath, blood or urine test, then your refusal to do so comes with serious penalties in both the criminal case and on an administrative basis.

The consequences of a DUI conviction increase based on the number of prior offenses. In the case of a prior OVI conviction, if a driver refuses to submit to a BAC test within 20 years of that conviction, they face harsh penalties, including:

  • A minimum sentence of 20 days in prison
  • A maximum of 6 months in jail
  • 36 days of house arrest or alcohol monitoring
  • A fine between $525 and $1625
  • A mandatory license suspension from 1 – 5 years
  • Immobilized vehicle for 90 days if it is registered to the offender
  • Required installation of an ignition interlock device if the DUI was alcohol related

Outside of the courtroom, DUI offenses can also affect your auto insurance rates and coverage. Certain professionals can also be in danger of having their career impacted negatively including: 

  • physicians, nurses and other health-care professionals;
  • members of the military;
  • licensed attorneys;
  • teachers, professors and certified educators; and
  • law enforcement officers.

An OVI conviction cannot be expunged in Ohio, so any DUI charge in the last 20 years can be considered a prior offense. Your attorney can help you determine whether a prior conviction can be used against you or not.


Finding an Attorney for a DUI Charge with Prior Offense and Prior Refusal

Brian Joslyn has personally experienced the strain of fighting a criminal accusation. He knows that you're under overwhelming stress, and he has dedicated Joslyn Law Firm to helping individuals facing tough charges like yours.

Let an attorney take on this fight for you. With your future at stake, you need to ensure that you have a lawyer on your side who will stand up for you in any situation.

To schedule your free consultation and take the first steps to defending your future, call (513) 339-6289 today.


This article was last updated on Thursday, March 16, 2017.

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