How To Avoid Jail Time for a 2nd DUI in Ohio

The DUI laws in Ohio are complicated and strict. Penalties for DUI charges can include driver’s license suspensions, potential jail time, fines, and more. The penalties you may face will depend on a few factors including previous convictions and blood alcohol content if tested.

A first DUI offense is serious enough on its own, but a second DUI offense brings even more severe mandatory penalties. With that in mind, you may be wondering how to avoid jail time for that 2^nd DUI in Columbus Ohio, and what exactly happens when you are facing a 2^nd DUI.

Below, we discuss what happens if you get 2 DUIs in Columbus Ohio, and how to potentially avoid jail time for a 2^nd DUI.

What Happens if You Get 2 DUIs in Ohio?

For anyone who receives a 2^nd DUI following a 1^st DUI offense within 10 years of the 1^st, you can expect to face harsher penalties including:

• A mandatory minimum of 10 days in jail, up to 6 months of potential jail time
• Fines that range from $525 to $1,625
• A driver’s license suspension that ranges from 1 to 3 years

Along with these harsher penalties, another important element to keep in mind is that the degree of intoxication based on chemical testing will be used to determine if you are facing a low or high level DUI. A low or high level DUI can also affect the penalties you face.

Ohio has set legal blood alcohol concentration (BAC) limits for drivers. Ohio’s BAC limit is .08 for adult drivers who are over the age of 21, .02 for drivers under the age of 21, and .04 for commercial truck drivers.

The difference between a low level and a high level DUI is as follows:

• A low level DUI will be for a BAC that is .08 or higher but less than .17
• A high level DUI will be for a BAC that is .17 or over

Depending on your BAC level, a judge may also add additional penalties to your 2^nd DUI charge such as:

• Potential seizure of your vehicle
• A 90-day immobilization of your vehicle
• An interlock device placed on your vehicle that requires breath testing before your car will start

Frequently Asked Questions About 2^nd DUIs

Does Ohio have a look-back period for DUI?

 A look-back period is the amount of time that a prior guilty plea or conviction for a DUI offense will enhance the penalties should you get future DUI convictions. This means that a court will consider prior DUI convictions or charges when imposing the penalties for your second DUI.

In Ohio, the current look-back period (sometimes called a washout period) is 10 years. This means that the look-back period starts from the date of your first DUI conviction until the date of your second DUI charge.

 Is a second DUI in Ohio a felony?

In Ohio, a second DUI is not charged as a felony. Most drunk driving cases are charged as misdemeanors. A DUI will be charged as a felony when an individual has three or more previous DUI convictions in the prior 10 years.

To read more about the specific penalties for a second DUI, see our page here.

How do you get a DUI dismissed in Ohio?

There are a number of ways to challenge a DUI charge in Ohio. Some common ways that a DUI defense attorney may challenge a charge include:

• Challenge the breathalyzer test
• Make a motion to suppress evidence
• Challenge the police officer’s interrogation
• Argue that there was no probable cause to arrest
• Argue there was no reasonable suspicion to stop

These are all potential ways that a defense attorney can work to challenge a DUI charge. It is important to note that there is no guarantee that a defense attorney will be able to get a DUI dismissed or lessened every time. Dismissal of a charge and even getting the penalties reduced will depend on various evidence based factors.

How an Attorney Can Reduce Jail Time for a Second DUI

A Columbus DUI defense attorney will be able to investigate the circumstances surrounding the 2^nd DUI charge. They will be able to analyze the details of your case to fully understand what happened, develop a defense strategy, and help guide you through the entire legal process.

If you are facing a 2^nd DUI charge in Columbus Ohio, it is certainly helpful to reach out to a Columbus DUI defense attorney from The Maher Law Firm. Founder and experienced trial attorney Colin Maher has over 10 years of experience representing clients in Columbus, Ohio, and the surrounding areas. You can connect with him over the phone at 614-205-2208 or online for a free and confidential phone consultation today.