OH dui laws, possible consequences for 2nd DUI in 6 years

A second DUI within 6 years with a "refusal" carries a mandatory minimum sentence of 20 days in jail (with no work release), a fine of $525 plus court costs, a Class 4 license suspension (1 to 5 years), a mandatory alcohol/drug assessment, a 90-day immobilization of the vehicle if it was titled in your name, and restricted yellow and red plates with igntion interlock if the offense is alcohol related.

Many judges nowadays will give you additional penalties.

Check my website if for more info and instructional video clips.

Dan J. Weisenburger
Attorney at Law

www.OhioCrimeLawyer.com

The "eye" test is called Horizontal Gaze Nystgamus, or HGN. It is used to see if your eyes jerk involuntarily as they move back and forth, which is considered a sign of possible intoxication. It should be used in conjuction with two other tests, the Walk And Turn (WAT), which is walking a straight line under some very strict rules, and the One Leg Stand (OLS). Collectively, these tests are referred to as Standardized Field Sobriety Tests, or SFSTs. Police officers nationwide consider these to be the best measures of intoxication, but a skilled DUI / DWI defense attorney can show various limitations in their application and use.

If your officer did ONLY the HGN test, he was not following proper NHTSA (National Highway Traffic Safety Administration) training parameters, and his conclusions can be challenged for not having you perform all three tests to make sure the results were consistent. NHTSA claims the HGN test is 91% accurate by itself in detecting intoxicated drivers, but none of the SFSTs have been approved as scientifically accurate in peer reviewed articles, which offer more critical analysis of any suggested testing procedure. Many defense lawyers consider the SFSTs in general, and HGN in particular, to be junk science.

No right thinking individual should be overly impressed that the law enforcement community claims that the tests used by the law enforcement community are highly accurate - especially when no critical scientific group outside of law enforcement has ever written an article endrosing or agreeing with their own self-serving assessment.

Don't overlook the possible consequences of being ACQUITTED of your second offense DUI. A not guilty verdict cures a lot of problems, and it sounds like you may have very good case to defend.

The second offense DUI in Ohio will be punishable by a MINIMUM of twenty days in jail if you are found guilty of a second offense REFUSAL. Hiring an attorney will significanly increase your chances of not getting this "high-tier" "refusal" punishment. Hire an attorney who can competently challenge the administration of the Standardized Field Sobriety Tests. The good news is that there are many good attorneys out there. Meet with many and choose the one you like and trust the best.

Assuming a conviction on a second lifetime DUI, you are facing the possibility of 70 - 365 days in jail, one year revocation of your driver's license, over one thousand dollars in fines and costs.

That being said, there are numerous ways to challenge a DUI charge. Remember, you are presumed innocent. Please consult with an attorney, licensed in Ohio, who practices in this field before you speak with the District Attorney.

Also, you have seven days from the date of your alleged offense to request a hearing with the DMV to protect your driver's license.

Best of luck with your case,