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2nd OVI charge in 6 years--- refusal to blow or do field sobriety.

Toledo, OH |

I got charged with a 2nd OVI after I swerved to miss a deer and struck a guardrail, my vehicle was totaled and another car stopped to help me. I wasnt drunk but I was very "out of it" from the accident as it was pretty bad. I did hire an attorney, but was wondering if there was anyway to avoid Jailtime or the hefty license suspension?

Thank you for the helpful responses. I tried to contact Avvo to delete the question, but as you can see, they have not done so yet. The case is now resolved. I plead down and have a year suspension, a year active probation, 5days in jail, 18 on ankle monitoring, 600 in fines and costs, I can have driving priv. with an ignition breath thing and yellow plates, and I have to complete an assessment which determines whether I need to take Alcohol and drug classes which they almost always make you do from what I hear (RME).

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Attorney answers 4


I could give you all sorts of scenarios and I understand that you are worried about the outcome. But the only person who can evaluate this case is the attorney you hired. USUALLY, a "second in six" gets you at least six days incarceration or three days and a three day driver intervention program. But to give advice without all the facts would be unethical. Further, you should not be posting anything on this website about this case. Anything you write here is not privileged and can be used against you. Talk to your attorney.

This post is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

Neil Scott Rubin

Neil Scott Rubin


My colleagues below are correct as to the jailtime. I was mistaken and it is indeed true that if convicted of the charges you face a mandatory 10 days. (which probably means you will lose your job and have a very hard time finding a new one.) So, don't mess with this.


My general advice to clients across the board is that submitting to a breath test can only result in providing the State of Ohio with additional evidence of guilt. I believe that refusing the breath test and remaining silent is one's best advice if arrested. However, you should know that refusing a breath test or other chemical test carries a stiffer length of pre-trial administrative license suspension imposed by the BMV as well as a longer period of time to wait before being granted pre-trial limited driving privileges.

In addition, refusing a breath test can result in stiffer penalties if convicted of an OVI. For your 2nd OVI conviction in 6 years, you are automatically facing 10 days mandatory jail time if convicted in that fashion. If you refuse a breath test on your 2nd conviction in 6 years there is 20 days of mandatory jail time unless there is a reduction of the charge.

I believe that by refusing the breath test and all field sobriety tests you have ultimately made it harder for the State of Ohio to convict; however, all strategical questions should be directed to the attorney you hired. In addition, I echo that discussing the case in detail or making admissions on this forum could haunt you. Good luck with your case.

Attorney Michael Probst


The only way to avoid these problems is to win. A 2nd in 6 OVI carries a mandatory minimum of 10 days in jail but could be more. Talk to your attorney. These penalties can be highet. Good luck.

The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner


You would be well served to talk to your attorney about this, these fears can be quelled and interviews with multiple lawyers avoided if you simply speak directly with your attorney. In the event that your attoreny cannot or will not answer your questions then it may be time to seek the opinion of alternative counsel.