A driver who is charged with a third DUI-OVI offense may find him- or herself charged with a serious crime. Not only this, but because the driver has been convicted of DUI-OVI offenses in the past, the sentence he or she faces now is much more severe than in the past. Depending on the person’s criminal history, including how much time has elapsed since previous DUI-OVI offenses and the present offense, the driver may have a much more difficult time convincing the court to suspend any jail sentence and place him or her on probation. At this critical moment, it is essential for the driver to have the assistance of a competent Columbus third DUI attorney in order to secure the best outcome possible.
The “Washout” Period
Ohio law provides for a “look-back” or “washout” period of six years. Any DUI-OVI offense occurring within that “washout” period will be factored into the sentence the driver will receive. If he or she has two previous DUI-OVI convictions within that washout period, the driver will be charged with a third-time DUI-OVI offense. This is a misdemeanor. Making sure that the “convictions” on which the prosecution relies for sentencing are accurate and lawful is just part of the defense to a third DUI-OVI charge. Note that there is no “washout” or “lookback” period if you are stopped within the city limits of Columbus and charged under the Columbus city code.
What Penalties Can I Face?
The penalties for a third DUI-OVI conviction can be quite severe and depend in part on the BAC level of the driver. At a minimum, you can receive at least 30 days in jail with a maximum of six months in jail. In some special circumstances, you may be able to obtain a 15-day jail sentence followed by a period of electronic monitoring. By the same token, if your BAC is 0.17 or over, the minimum jail sentence may be increased to 60 days.
Not only this, but a fine can be imposed totaling between $850 and $2,750. These costs would be in addition to any other costs the driver may face such as court costs, attorney’s fees, costs for alcohol counseling, and probation costs.
Additionally, your driving privileges can be suspended for a period of between two years and ten years. Although limited driving privileges are possible, such privileges do not become available until 180 days after the arrest or citation.
Finally, you will have to apply for and display restricted license plates, install an interlock device, and the vehicle you were pulled over in can be forfeited, if it is registered in your name.
Contact Suhre & Associates, LLC to Beat a Third DUI-OVI
The best way to beat a third DUI-OVI charge is through a strong offense: attacking the proof the prosecution has of your alleged impaired driving, attacking the validity of the prior convictions relied on by the prosecution, and fighting back against negative inferences about your character at sentencing. The dedicated team at Suhre & Associates, LLC are experienced in helping Columbus drivers avoid the negative consequences of a third DUI-OVI conviction. Contact us today at (614) 827-2000 today.