Repeating a criminal offense in Ohio is not taken lightly by law enforcement or the legal system. The transgression of driving under the influence is first and foremost on the minds of many police officers and highway patrolmen on duty, making the arrest of repeat offenders a high priority.
Fortunately, you do have legal avenues to combat the charges, even if they are for a 2nd DUI offense in Hamilton County. If you are dealing with these charges, it is important to understand your available legal options and work with a defense attorney who is experienced in these cases.
Ohio Second DUI Defense Attorney
The attorneys at Joslyn Law Firm are experienced in defending men and women facing charges for a second DUI in Cincinnati, OH, and the surrounding areas. After discussing the details of your situation during a free and confidential consultation, our defense attorneys will immediately get started on developing a case strategy that can help pursue favorable motions and weaken or eliminate the prosecution's case against you.
Joslyn Law Firm handles every aspect of your legal proceedings and works towards a favorable outcome, not simply settling on the easiest. This includes the gathering of evidence, interviewing relevant witnesses and analyzing the results of scientific testing. This strict adherence to comprehensive representation, along with a strong compulsion to protect the constitutional rights of their clients has made the firm what it is today.
Joslyn Law Firm has an office located in Cincinnati, where they proudly serve the residents of Hamilton County and in surrounding Mayors Courts. Along with this area, they also extend their services to individuals and families throughout the cities of Hamilton, Lebanon, Fairfield, Butler, Mason, Oxford, Marysville and Wilmington, among others.
Call (513) 339-6289 or send an online message to schedule a free and confidential consultation to go over your arrest for a second DUI today. The firm prides itself on a quick response time, so you can be sure that solving your legal issues begins immediately.
Learn More about Ohio's Rules for Second DUI
- Second DUI Definition under Ohio Criminal Law
- Penalties for a Second DUI in Ohio
- Administrative License Suspension After Arrest
- Finding a Lawyer in Cincinnati for 2nd DUI Charges
According to Ohio Revised Code §4511.19, no person shall operate any vehicle within the state, if, at the time of operation: The person is under the influence of alcohol, a drug of abuse, or a combination of them, or the person has a concentration of .08 to .17 Blood Alcohol Content (BAC).
Considering the law states that you will also be charged with a DUI if you are under the influence of drugs, the Ohio Revised Code gives specific concentration limits for particular drugs:
- The person has a concentration of amphetamine (meth) in their urine of at least 500 nanograms (per milliliter) OR 100 nanograms (per milliliter) in their blood.
- The person has a concentration of cocaine (coke) in their urine of at least 150 nanograms OR at least 50 nanograms in their blood.
- The person has a concentration of heroin in their urine of at least 150 nanograms OR at least 50 nanograms in their blood.
- The person has a concentration of LSD (acid) in their urine of at least 25 nanograms OR at least 10 nanograms in their blood.
- The person has a concentration of marihuana (marijuana, weed, bud, pot) in their urine of at least ten nanograms OR at least two nanograms in their blood.
If you were convicted of a prior DUI within the last six years in Ohio, you will be charged with a second DUI. This will come with a mandatory jail stay along with an extended driver's license suspension. According to §4511.19, a person arrested for a second DUI or OVI may have to deal with the following penalties:
- 10 day mandatory jail sentence
- Up to 180 days jail time
- $300-$1,500 in fines
- 1-5 year driver’s license suspension
Ohio Revised Code §4511.191 provides the legal wording on the process of an Administrative License Suspension (ALS) in the state of Ohio. It states that when a driver is stopped for drunk driving and refuses to take the sobriety test requested by the law enforcement agency, the officer can take your driving license on the spot and the suspension begins immediately.
It goes on to say that the length of the suspension depends on the amount of previous offenses or refusals. For a second time offender, the license suspension could last up to five years, along with the possibility that your vehicle may be immobilized following the traffic stop.
It is possible to appeal an ALS at the initial court appearance which is held within 5 days of the arrest with the Ohio Bureau of Motor Vehicles (BMV), according to §4511.197. The driver may also petition for limited driving privileges any time subsequent to the date on the notice of suspension.
Occupational driving privileges cannot be granted during the following periods:
- First 30 days of suspension on a first refusal.
- First 90 days of suspension on a person who had a previous refusal in the last six years.
- First year of suspension on a person who had 2 previous refusals in the last six years.
- First 3 years of suspension on a person who had 3 previous refusals in the last six years.
If you or a loved one has been charged with a second DUI in Ohio, it is vital that you work with a qualified criminal defense attorney who can effectively argue on your behalf. Joslyn Law Firm has the background and legal insight to guide you through this stressful and complicated process.
Focused on providing excellent client service, our attorneys have your best interests in mind and are much too invested in the well-being and liberty of Cincinnati residents to be motivated solely by monetary gain. This altruistic sense of purpose has enabled the firm to passionately fight for the rights and freedom of many Central Ohio residents throughout their careers.
In addition to serving the men and women of Hamilton County, the firm also works with individuals located in and around Clermont County, Butler County, Franklin County, Warren County and Greene County.
Call (513) 339-6289 or send an online message to schedule a free and confidential consultation to go over your second DUI charges with the lawyers at Joslyn Law Firm today. Now is the time to get started in the process of finding solution to your legal issues.