Legal Question in DUI Law in Ohio

DUI-2nd offense

Live in Columbus, Ohio. Got a dui for the second time couple of days ago. there is a period of 3 years and 10 months between 1st and 2nd one. Court date is soon and wanted to know the maximum and min penalties? what should I do?


Asked on 12/29/07, 10:53 pm

2 Answers from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: DUI-2nd offense

Because this is the second offense within six years, if you are convicted you will face a mandatory 10 days in jail (20, if the test is above 0.17 or if you refused the test).

You really only have two choices. Either you agree that you have a problem with alcohol, and approach it from the angle of addressing that problem, or you challenge everything about the arrest, test, etc. on the second charge. Either way, you need to hire an attorney you trust to help you with this.

Whatever you do, do NOT get caught driving while under this suspension -- that would just make matters even worse.

Good luck with your case. I would be happy to work with you, as would many other attorneys in Columbus.

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Answered on 12/31/07, 9:23 am
Bradley Miller Miller Law LLC

Re: DUI-2nd offense

A second DUI carries much more severe penalties than a first offense. First, you are looking at a minimum 10 days in jail (or 5 days in jail, 18 house arrest), maximum of 6 months. They can also fine you up to $1,500. The judge could also order mandatory treatment. As far as driving, a second DUI carries a minimum 1 year suspension. You may be able to get driving privileges for work after a month, but you will probably have to get the yellow "drunk" plates. You may also have your vehicle immobilized for 90 days if the car you were stopped in is registered to you.

I highly recommend you contact an attorney to help you with this situation. As you can see, the penalties for a second DUI can be severe, including mandatory jail time. Depending on the circumstances, an attorney may be able to get you first-offense penalties or even help you fight the charge.

If you have further questions or would like to set up an appointment to come in and discuss your situation more fully, feel free to contact me.

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Answered on 12/31/07, 9:47 am


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