Second offense OVI, would trying to get started in counseling before pre-trial help get less jail time?

Asked over 1 year ago - Ashtabula, OH

Got 1st OVI 2007, plead no contest. Just stopped last week for 2nd. Given ALS but I did submit 3 times for breathalyzer but got invalid sample. Did poorly on FTS but first try was in 6" heels. Tried again an hour later & thought I did ok, but officer report says the 2nd time had similar findings to first attempt, but didn't write specifics. I know it will not go well for me, even with a lawyer. I am wondering if I were to try & set up alcohol counseling before my pre-trial if that might be favorable & help reduce jail time. I could probably get 5 days off work if I had to but 10 would mean I'd lose my job.

Attorney answers (4)

  1. Andrew A Esposito

    Contributor Level 13


    Lawyer agrees

    Answered . I am not a criminal defense attorney, but entering into counseling prior to your court date certainly would not hurt your chances. Realistically, you need to hire a criminal defense attorney if you stand any chance of influencing the sentencing. The minimum jail time for a 2nd OVI within six years is 10 days. However, an attorney maybe be able to work out a deal with prosecutor to treat (stipulate) your offense as a first OVI. This is your only chance at avoiding the 10 day minimum.

    Lastly, do not post anything else on the internet!

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You... more
  2. Peter Stephen Kirner

    Contributor Level 16


    Lawyer agrees

    Answered . You should STILL hire an attorney and YES treatment is good. You should attend AA meetings, as well as taking a 3 day DIP program, as you probably did the first time. You MAY get jail credit for the DIP program, but I would talk to a local attorney who practices in that court to confirm, before you pay for it. You will be on probation, you SHOULD continue treatment AT LEAST THROUGH the the end of probation if not longer. Some courts also give you house arrest after 5 days in jail. Good luck.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
  3. Amanda Ackerman Condon

    Contributor Level 10


    Lawyer agrees

    Answered . I don't know what court in Ashtabula you are appearing in, but I am very familiar with the county court system. Beginning a treatment program is the first step in the right direction. If you are convicted of a second offense OVI, counseling is mandatory. In addition, the mandatory minimum sentence for a refusal (which they may have charged you with under those circumstances) is 20 days in jail. The second best thing you can do is hire a good DUI defense attorney.

    Amanda Ackerman Condon
    Piscitelli Law Firm
    Cleveland, Ohio 44143
    (216) 931-7000

    This response is general information and not legal advice, and does not create an attorney-client relationship.... more
  4. Irina Alexander Vinogradsky

    Contributor Level 15

    Answered . It is always a good idea to get alcohol assessment counseling . You might find useful related information here:
    However, an attorney can help you to reduce the charge.

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