Penalties for a Second OVI Offense in Youngstown, Ohio

Unlike a first-time OVI conviction, which courts often view as an error in judgment and punished with relative leniency, a second conviction carries mandatory minimum penalties. These punishments include steeper fines, extended driver’s license suspensions, and jail time. When determining sentencing, a judge in Mahoning County generally considers two specific factors: whether the driver refused chemical testing in the past 20 years, and the offender’s specific Blood Alcohol Concentration (BAC) level—specifically, whether it was above or below 0.17 percent. To mitigate these harsh consequences, it is crucial to seek legal counsel. The Youngstown Criminal Law Group can review your case details to potentially seek a dismissal or reduction of charges.

Types of Second OVI Charges

In almost every second OVI case involving alcohol, the court mandates the installation of an ignition interlock device on the offender’s vehicle at their own expense. Beyond this requirement, the severity of the punishment depends largely on the driver’s BAC at the time of arrest and any history of refusing chemical tests over the last two decades. Consulting a Youngstown DUI attorney is often the first step in understanding these nuances.

Second OVI with BAC Under 0.17 Percent

For this specific offense, the penalties include:

• Jail Time: A mandatory minimum of 10 days in jail. If facility overcrowding is an issue, the judge may authorize 5 days in jail combined with 18 days of house arrest, potentially with electronic alcohol monitoring (ankle bracelet). The maximum potential jail term is 6 months.
• Fines and Fees: Fines range from a minimum of $525 to a maximum of $1,625.
• License Suspension: Driving privileges are suspended for at least one year. However, limited driving privileges may be requested after a 45-day hard suspension.
• Vehicle Requirements: The offender is required to display restricted yellow license plates. If the vehicle driven during the arrest is registered to the offender, it will be immobilized for 90 days.
• Treatment: A mandatory drug and alcohol assessment is required, followed by any treatment programs recommended by the assessor.

An experienced Youngstown criminal lawyer can help guide you through these specific sentencing guidelines.

Second OVI with BAC of 0.17 Percent or Higher

If the BAC level is considered “high tier,” the penalties increase significantly:

• Jail Time: A mandatory 20-day jail sentence. In cases of overcrowding, this may be adjusted to 10 days in jail followed by 36 days of house arrest with continuous alcohol monitoring. The maximum sentence remains 6 months.
• Fines: The financial penalty ranges between $525 and $1,625.
• License and Vehicle: A one-year license suspension is standard, with eligibility for limited privileges after 45 days. Mandatory yellow party plates must be displayed. If the vehicle is registered to the driver, it faces a 90-day immobilization.
• Assessment: The court requires an alcohol and drug assessment and compliance with any subsequent treatment recommendations.

To navigate these high-tier charges, retaining a Youngstown DUI attorney is highly recommended.

Second OVI with Chemical Testing Refusal in the Previous 20 Years

If a driver has refused a chemical test within the last 20 years, the consequences are severe:

• Jail Time: A mandatory 20-day term. If space is unavailable, the alternative is 10 days in jail plus 36 days of house arrest, likely with alcohol monitoring. The maximum jail time is 6 months.
• Financial Penalties: Fines fall between $525 and $1,625.
• Additional Sanctions: The offender must display yellow license plates. A drug and alcohol assessment is mandatory, as is completing any recommended treatment.
• Vehicle and License: The vehicle used during the arrest (if owned by the driver) will be immobilized for 90 days. The driver’s license is suspended for one year, with a possibility of regaining privileges after 45 days.

Working with a Youngstown criminal lawyer is vital to handling cases involving prior refusals.

Reinstating Driving Privileges After a Second OVI

Upon an OVI arrest, an Administrative License Suspension (ALS) takes effect immediately. Offenders may petition the relevant court—whether a mayor’s court, municipal court, or county court—for limited driving privileges.

According to Ohio Revised Code Section 4511.191(F)(2), three criteria must be met to restore privileges:

1. Payment of a reinstatement fee.
2. Submission of proof of insurance to the Ohio Bureau of Motor Vehicles.
3. Completion of the assigned suspension period.

Your Youngstown DUI attorney can assist in filing these petitions correctly.

Court-Ordered Second OVI Suspensions and Ohio Revised Code Section 4511.19

Under Ohio law, if an individual is convicted of an OVI with a prior conviction within the last six years, the judge must impose a Class 4 license suspension ranging from one to five years. Reinstatement of privileges cannot be requested until a 45-day waiting period has passed.

Additional mandatory requirements include:

• Restricted “party” plates.
• A $475 reinstatement fee.
• Installation of an ignition interlock device (if the offense involved alcohol).

The Youngstown Criminal Law Group possesses the training and experience necessary to defend against these serious charges. Having successfully handled hundreds of cases across the region, a Youngstown criminal lawyer from our group is ready to help you call us at 412.387.6901.