i had ovi's in 1997 and 2005
In Wisconsin, this would be considered your third offense even though both prior offenses would have been treated as first offenses. I do not know the answer in Ohio, though. You need to consult a local dui lawyer as soon as possible. Bad things often happen long before you get to court on these cases.
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In Ohio, a court is required to increase the mandatory minimum jail time for each offense within 6 years. Nothing prevents the prosecutor from advising the judge at sentencing that you have other convictions, which can result you getting a much more severe sentence. I strongly suggest that you get a good OVI attorney to review your case before you do something you can't undo.
You need to talk directly to an attorney. Preferably one who knows his or her way around the Court that will be handling your case. Being the golfing buddy of the prosecutor wouldn't hurt either! A little joke but the point is-you have a serious problem. This is your third dui in 20 years and you refused the test. None of this is going to look good to the Judge. The judge has the authority to put you in jail for 6 months-even if this were considered your 1st offense (which it is not) The issue of whether or not it is your first offense is important in determining the minimum sentence that the judge can impose-The judge will have your record and will know that this is your third offense.
Hire an experienced attorney and expect to pay a healthy fee. It will be worth it! Of course that is my biased opinion- based on almost 40 years of doing this. (you might want to check out my web site www.ohiodui.us for more information) Good Luck!
If a person refuses a breath test, then any prior OVI in the last 20 years is fair game for increasing the minimum mandatory jail sentences. You need to speak with an attorney about your case as soon as possible, because you are facing some serious penalties.
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