February 9, 2015 | Court Procedure, Defenses, OVI / DUI Test

Logan County resident Ronald Burk has found himself in a troublesome circumstance after being arrested for OVI twice in less than two hours. Sgt. John Godwin of the Logan County Sheriff’s Office pulled Mr. Burk over after observing him hit the curb at a Wal-Mart with his truck as he exited the Wal-Mart’s parking lot. After being stopped, Mr. Burk was given field sobriety tests and later arrested. He bonded out of jail and was dropped off back at his truck. Less than two hours after bonding out, an Ohio State Highway Patrol trooper saw Burk driving erratically and pulled him over again. After another investigation, Burk was booked into jail again on another OVI charge.

The Bad News for Burk

The bad news for Mr. Burk is that, depending on his criminal record, at least one of these two OVI charges is likely to be treated as a second DUI-OVI conviction. This means Burk faces increased jail sanctions, increased fines, and a possible longer period of suspension for his license. Not only this, but depending on the facts of the case, it is possible that Burke’s blood alcohol concentration was 0.17 or above for at least one of the OVI charges. This means that there may be even more severe sanctions facing Mr. Burk.

Furthermore, because he may be convicted and sentenced on both offenses, the sentences in each case may be ordered to run consecutive to one another. This means that he will need to complete one sentence before completing the other sentence. In other words, the court could order Burk to serve the minimum time for a first OVI conviction, and then serve the minimum time for a second OVI conviction.

The Good News for Burk

It is fortunate for Burk that he did not obtain his second OVI charge while on probation for his first OVI offense. In fact, it would be impossible for the court to sentence Burk on his first OVI offense, place him on probation, and then use the second OVI charge as evidence of a “probation violation” supporting an order revoking his probation.

Additionally, with competent legal counsel, Burk has a good chance of successfully arguing that he has an alcohol problem that needs treatment. This may lead to the court to imposing a less severe jail sentence and opt instead to order Burk to obtain alcohol counseling and treatment.

Contact Suhre & Associates, LLC

Regardless of whether a driver finds him or herself in a situation like Burk, every driver charged with OVI should use the services of experienced and dedicated Columbus OVI defense attorneys like those at Suhre & Associates, LLC. Defending against one or more DUI charges requires an attorney familiar with OVI laws and the evidence prosecutors use to support these charges. The attorneys at Suhre & Associates, LLC work to get clients a “not guilty” verdict and minimize the negative consequences of OVI convictions. Contact us today at (614) 827-2000.