Fis rst dui in 10 years but 4 in total

Asked almost 5 years ago - Willoughby, OH

how will i be charged

Attorney answers (3)

  1. Jeffrey W. Bowling

    Contributor Level 8

    Answered . 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.

  2. Edward Jerome Blum

    Contributor Level 16

    Answered . 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

  3. Lynn Gorelick

    Contributor Level 9

    Answered . 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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