Drivers can be arrested in Ohio if they are operating a motorized vehicle on any highway or public or private property which is used for public travel. Drivers who are operating their motorized vehicle have given their implied consent to submit to a chemical test of their blood, breath or urine if they have been arrested for OVI.
Administration Penalties after the third OVI arrest in Ohio
If you have been arrested for a third OVI you may face two separate penalties. Under Ohio’s implied consent law, your Ohio license could be suspended through an administrative process by the Ohio Department of Public Safety. If you have failed the blood alcohol content test for the third time with a blood alcohol concentration level of 0.08% or higher you will have your license suspended for two years. If you refused the blood alcohol concentration test you are facing a three year license suspension. Drivers may have the right to request a work permit or restricted license after 180 days for a test failure and one year for a test refusal.
Keep in mind these penalties are separate from DUI penalties you could face if you are convicted of a third OVI in Ohio.
Criminal Penalties after the third OVI arrest in Ohio
The good news is that if you are convicted of a third DUI within the past six years this is considered a misdemeanor. Unfortunately, the OVI penalties are still severe. If you are convicted of a third OVI you will face the following OVI penalties:
- Fines ranging from $850 to $2,750
- A license suspension from 2 to 10 years (the suspension time can be at the judge’s discretion)
- Required to purchase specialty plates
- Required to wear a SCRAM bracelet
- Minimum of 60 days in jail if you refused the BAC test
- Minimum 30 days in jail if your BAC was under 0.17%
Considerations after a third Ohio OVI arrest
Consider, if you are arrested and convicted of a fourth OVI it will be considered a felony and you may face a lifetime license suspension. Additionally, if you are arrested for drunk driving in another state under Ohio state law this charge can be counted against you in Ohio, assuming that the charge was “substantially equivalent” to an Ohio OVI charge.
Hiring a DUI lawyer in Ohio
Given that you have been arrested and convicted of two OVI offenses it is imperative that you discuss your OVI arrest with a good OVI lawyer who understands Ohio’s drunk driving laws. For instance, whether you are facing extended jail time or a license suspension, these factors can be determined by the court. Having a great defense team arguing your case can make a significant difference in the OVI penalties you might be facing.
Consider also that a police officer must have legal justification for stopping you, and the courts must have sufficient evidence to prove you were intoxicated to win their case against you. Your Ohio OVI lawyer can review your case and the OVI stop to make sure there was probable cause for the stop and if the field sobriety test and the blood alcohol content test were done correctly.
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