Ohio laws are already strict when it comes to DUI, but if you have been arrested on charges of your third OVI in the state of Ohio you are facing even stronger ramifications to your driving privileges, financial well-being, and freedom. Remember, you are dealing with a state that only sees you as a repeat offender and a risk to society, and therefore wants you in jail.
However, even with past convictions you are still a citizen with certain unalienable rights, so it is important that you take swift action and hire an experienced Hamilton County DUI attorney to protect your rights and interests.
Ohio Third DUI Defense Lawyer
Brian Joslyn of Joslyn Law Firm is an experienced Ohio criminal defense attorney with a special passion for criminal defense that stems from a personal experience as an innocent victim-turned-defendant.
If you or a loved one has been charged with a third DUI charge in Cincinnati or the surrounding areas of Hamilton, Middletown, Sharonville, Loveland, Lebanon, Norwood, New Albany, or Forest Park you should take quick action and call Brian Joslyn at (513) 399-6289 to set up a free consultation.
During your initial consultation, our dedicated lawyers will evaluate your 3rd DUI charges and determine an effective strategy for quick action and protection of your rights. Remember, there is usually an administrative license suspension involved with OVI, which has a limited rebuttal period to protest the suspension – so the sooner you call or submit our convenient online contact form the better.
A Guide to Ohio Criminal Code Regarding Third DUI Charges
- Ohio Code and Definitions on 3rd DUI
- Implied Consent and Arrests for Third OVI in Hamilton County
- Penalties for Third DUI Offenders in Cincinnati
- Using the Best Attorney Experienced in Third DUI Cases
According to Ohio code, it is unlawful for a person to be in physical control of or operate a motor vehicle if he or she is under the influence of alcohol, illegal drugs, or a combination of the two. "Under the influence" can mean the person is clearly impaired or their blood alcohol concentration (BAC) is over the legal limit of
- .08 for a person over 21
- .02 for a minor
- .04 for commercial drivers
Additionally, a BAC of .17 or higher is considered a more severe offense and comes with higher mandatory minimum punishments.
To be in "physical control" of a vehicle you do not have to be driving. If an officer catches you allegedly under the influence sitting in the driver's seat and in possession of the vehicle's ignition key or other ignition device, you are in physical control.
Other factors, including whether the car hood is still warm from the engine, will also be used against your case. In some cases only being in physical control can result in a lesser charge – but this can be more difficult to attain for a repeat offender. Contact an experienced DUI attorney to see the defense options available for your case.
Ohio is an implied consent state. Even if you are not over the legal limit or impaired by illegal drugs, if you refuse to take a blood, breath, or urine test proving such your license will automatically be suspended. In the case of a third OVI, you could be facing a mandatory three-year Class A driver's license suspension. This includes cases where
- It's the third refusal to test within six years
- There are two prior DUI guilty pleas or convictions
- There is one prior guilty plea or conviction and one prior refusal
You only have 30 days to appeal your administrative license suspension (ALS), and your record of prior offenses could work against you. An experienced Ohio OVI lawyer can make sure your case is treated fairly.
As an alleged repeat offender, you face a number of life-changing, stiff penalties. Depending on your case, you could be facing:
- Two years or more of administrative license suspension
- Two to 10 years of court license suspension (separate from ALS)
- 30 day minimum jail term or combination of jail and electronically monitored house arrest for BAC of .08 - .17
- 60 day minimum jail term or combination of jail and electronically monitored house arrest for BAC of over .17
- $850 - $2750 fine
- Mandatory treatment program
There are a variety of defenses to a third DUI charge, especially if procedural mistakes were made in the traffic stop or subsequent arrest. With penalties like these, it is important to make sure that your rights are protected. Don't just assume you have no chance as a repeat offender and give in to the charges.
If you or a loved one is facing charges for a third DUI in the Hamilton County area, including Butler, Greene, Franklin, Clinton, and Clermont counties call Brian Joslyn of Joslyn Law Firm today. He will use every strategy available to construct a strong defense for your case. Call (513) 399-6289 today or use our online contact form to schedule your free consultation. Time is important to your defense, so call now.