If you’ve been charged with a 2nd DUI in 6 years, the penalties can be much more serious than a first-time DUI charge. If you have a high-tier test result (above a .17 BAC reading), or if you refused your breath test this time and also have a prior DUI in the last 20 years, then the penalties can be even worse. Either way, this offense is still a 1st degree misdemeanor in Ohio.
For a low-tier result, you are looking at either:
- 10 days – 6 months in jail; or
- Minimum of 5 days in jail and 18 days house arrest with electronic monitoring and/or a continuous alcohol monitoring bracelet for up to 6 months.
For a high-tier result, or if you refused a breath test and also have a prior DUI in the last 20 years, you are looking at either: - 20 days – 6 months in jail; or - Minimum of 10 days in jail and 36 days house arrest with electronic monitoring and/or a continuous alcohol monitoring bracelet for up to 6 months.
You are facing a fine of between $525 and $1,625. You can be required to undergo an alcohol or drug assessment, and the treatment that gets recommended will also be mandatory.
If convicted, your license will be suspended for at least 1 year, and it can be suspended for as long as 5 years. If the vehicle you were driving was registered to you, it will be immobilized for 90 days. You can apply for driving privileges after 45 days, but you will be required to have the yellow “party plates," and you will also be required to have an interlock ignition device if your DUI was alcohol-related.
And remember, a DUI conviction will result in 6 points being assessed against your license, which can itself lead to a suspension if you have 6 or more points already, plus increased insurance costs.
The consequences of a second-time DUI are harsh. Your life can be changed drastically after only one bad decision. If you want to talk to a lawyer to find out how you can start getting your life back in order, call attorney Thomas Haren at (216) 369-9106. Don’t let your DUI charge define you.
Please remember that this blog post is not legal advice: it is only provided for informational and educational purposes. If you have been charged with a DUI, you should speak to an attorney about the particular facts and circumstances of your case.