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Typical sentence for a second DUI in 6 years with refusal to submit to a BAC test. I

Westlake, OH |

I got a second dui about two years to my first. I was seeing what is the typical sentence given

Attorney Answers 3


•for BAC 0.17 or higher (high tier), or refusal minimum 20 days jail
•fine range: $525 - $1625;
•license suspension ranging from one to five years
•required yellow DUI plates;
•required SCRAM bracelet
(plus fines and possible jail time for additonal traffic offenses)

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A 2nd offense withing 6 years under 4511.19(A)(1)(a) carries: minimum 10 days in jail (up to 180), A minimum fine of $525, a 1-5 year license suspension with no driving during the first 45 days, special tags (yellow plates) and an ignition interlock during any period of suspension during which you have privileges, a 90 day immobilization of the vehicle you were driving if it is registered to you, and a mandatory alcohol assessment (treatment mandatory if recommended from the assessment.

A 2nd offense in 6 years with a prior conviction within 20 years under 4511.19(A)(2) is the same with the exception being mandatory 20 days in jail. A SCRAM bracelet or electronic monitoring can be ordered if the judge gives you 10 days in jail under the (A)(2) charge.

You can check out this link for a current chart of Ohio OVI sentencing:

Our Ohio OVI law is very lengthy and complicated and is constantly changing. I highly recommend contacting a lawyer in your area that focuses on OVI practice.

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Jeff Meadows nails the law in this area. I would only recommend that you consult with an attorney who is familiar with the court you are going to appear in. Sometimes experienced counsel will know whether or not the judge/magistrate who will hear your case has any particular sentencing proclivities for 2nd offense DUIs. Often judges look at certain facts (how close was the prior, cooperation with police, treatment efforts, etc) to reach a sentencing decision. Don't go in unprepared.

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Oh look, another piece of advice telling people to consult an attorney familiar with the applicable law. You sir, are a very helpful genius.

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