Judges have wide discretion when sentencing offenders. That discretion is not unlimited however. OMVI, in Ohio is an enhanceable offense. That is the State mandates harsher penalties for repeat offenders. Moreover, while the court may consider mitigating circumstances it may accord more weight to other considerations such as, the time, manner and context within which your operation of the motor vehicle took place.
If you have an attorney they should be able to answer more fully (and per the Rules of Professional Responsibility I couldn't comment further Rule 4.2 states: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order).
If you do not have an attorney, you do NOT want to try to take this trial on your own, GET ONE!
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Judges must take a number of things into consideration when determining an appropriate sentence. In OVI cases judges are bound by minimum sentences which have been mandated by statute. On a second offense within 6 years, the mandatory minimum could be as much as 20 days in jail. To view OVI penalty charts, go to 888OVIOhio.com.