A charge for driving under the influence (DUI) is a serious matter that can have far-reaching financial, legal, and social impacts. This is especially true for a second offense, as the penalties and ongoing consequences are more severe. When you face conviction, you must take every measure to defend yourself properly.

While it is a common belief that there is no defense against driving while intoxicated, that is untrue. Our experienced defense attorneys can help review your options and determine the best strategy for moving forward. Call our firm today to discuss a second-offense DUI in Toledo.

Second-Offense DUI Laws in Ohio

When police officers stop a motorist under suspicion of driving under the influence, and that motorist has had a prior DUI arrest in the past ten years, state laws consider this a second offense. A person who is operating a motor vehicle with a blood alcohol concentration or BAC of 0.08 percent or more is considered legally drunk in the state of Ohio, even if they do not feel impaired.

However, it is not just alcohol that can result in a DUI charge. According to the Ohio Revised Code § 4511.19, a driver with the following substances, and others, in their urine or blood sample could also face a DUI conviction:

  • Cocaine
  • Heroin
  • Amphetamine
  • LSD
  • Marijuana
  • PCP

Our seasoned Toledo attorneys can answer any questions regarding specific substance threshold amounts and the potential defense strategies for a second-offense DUI.

Criminal Penalties for Second-Time DUI Convictions

The laws in Ohio break down criminal penalties for a second offense DUI based on the level of intoxication. The first category is a low-level OVI, meaning the BAC level during the arrest process was between 0.08 percent and 0.16 percent. A conviction could result in up to 10 days in jail or a combination of 5 days in jail and 18 days of house arrest with electronic monitoring.

The second category is a high-level OVI, meaning the BAC level was 0.17 percent or higher at the time of the arrest. A person who refuses the chemical test will also face high-level penalties, including 20 days in jail or a combination of a longer term of jail time and house arrest with electronic monitoring.

Convictions for both low and high-level DUI can result in up to $1,625 in fines, and the party may be required to submit to mandatory drug and alcohol dependency treatment classes. There will also be the potential for license suspension, vehicle seizure, and an interlock device with a hefty reinstatement fee when the motorist becomes eligible to reinstate their driver’s license.

Administrative Hearing

The DUI administrative penalties are separate from the criminal penalties. The police officer will confiscate the motorist’s driver’s license at the time of OVI arrest. Our knowledgeable Toledo second-offense DUI attorneys can represent the party during both the criminal and administrative penalty processes to ensure their rights are protected.

Speak With Our Toledo Attorneys After a Second-Offense DUI

Ohio’s DUI laws are complex and can be challenging to navigate. However, that does not mean taking a guilty plea is the best or only option. At Groth & Associates Attorneys at Law, our hard-working team can review your case details to help determine the best course of action for your second-offense DUI in Toledo.

Call soon to begin strategizing your case defense. The longer there is to prepare, the better chance of a positive outcome.