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Fis rst dui in 10 years but 4 in total

Willoughby, OH |

how will i be charged

Attorney Answers 3


I don't practice in OH. Will probably be charged as 1st time. Most states have 7 or 10 year priorability on DUIs.

Edward J. Blum

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I suggest you consult with an attorney who practices DUI defense in your state. Depending on the prioribility statues in force, you may be looking at a first offense. However, if there is a greater prioribility time period, a prior may be charged. In any event, courts can sometimes consider old priors even if they cannot be charged. Schedule a consultation for accurate advice.

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In Ohio there are two separate look back periods: one is a 6 year look back and the other is a 20 year look back period. The six year look back period enhances the penalties for each subsequent ovi up to the 4th ovi which becomes a felony. The 20 year look back period punishes as a felony an ovi with 5 or more prior convictions for ovi.

You will be charged with a first offense either low tier or high tier ovi. If this is a case in which you refused a chemical test (breath or otherwise) then you may be charged with a ovi refusal with prior ovi within 20 years.

You need to seek an attorney to review your citations in order to fully understand the nature of your charges.

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