Third OVI Lawyer in Columbus, OH
No matter the circumstances, a third conviction of operating a vehicle under the influence (OVI) in Ohio could bring harsh penalties that turn your life upside down. Beyond your financial well-being, a repeat OVI or DUI conviction could also have major negative ramifications on your social and professional life.
Hiring a local attorney who has handled charges involving a third OVI could help your case. Joslyn Law Firm has handled more than 20,000 criminal cases in Columbus, Cincinnati, Dayton, and surrounding areas. The earlier you reach out in the process, the more our team may be able to do for you.
We know that your response to a third OVI charge must be swift and calculated, as you will be dealing with a prosecutor who thinks you should be behind bars. Consider fighting back by retaining legal counsel from our firm. We aim to give you the best opportunity to reduce the charges or possibly get them dismissed.
Attorney for a Third OVI in Columbus, Ohio
Timing is everything when it comes to fighting your third OVI charge in Columbus, Ohio. An early start could make the difference between losing your driver’s license and keeping it, and between spending time behind bars and walking out of the courtroom free.
We Know Columbus Courts and How to Defend Against Ohio OVI Charges
Our lawyers at Joslyn Law Firm have a strong familiarity with Columbus courts, prosecutors, judges, courtroom staff, and probation officers. These relationships mean we know the nuances of the people who are involved in deciding your fate.
Furthermore, our knowledge of Ohio criminal law frequently puts us in the role of subject matter experts for the media. Examples of the media outlets that come to us when they’re working on stories involving Ohio criminal law include 6 ABC, 4 NBC, 10 WBND, 28 FOX, The Columbus Dispatch, and The Plain Dealer.
National and Local Recognition in Ohio Criminal Defense
Brian Joslyn’s impeccable reputation and multiple awards from the legal industry speak for themselves. Columbus CEO Magazine designated Joslyn a “top lawyer,” and the National Academy of Criminal Defense Attorneys has recognized him as one of the 10 best criminal lawyers in the state. The lawyer rating service Super Lawyers honored him with a “Rising Star” award as a nod to his professional achievements and peer appreciation.
As a “client first” lawyer, Joslyn will ensure that your individual rights are protected throughout the entire process, including both administrative and criminal matters.
Our Team Has Worked with the Prosecutor’s Office and the Defender’s Office
Your case will also benefit from Joslyn Law Firm’s strong team of associate attorneys, including Ryan Shafer, who worked more than five years in the Franklin County Public Defender’s Office, and Mark Wieczorek, who enjoyed a successful career as a Hamilton County, Ohio, Assistant Prosecuting Attorney.
If you have a pending third OVI (DUI) charge, you can take the steps to clear your name and move on with your life by hiring one of our criminal defense attorneys to defend you. Brian proudly represents individuals in the Ohio counties of Delaware, Franklin, Madison, Licking, Fairfield, and Pickaway.
Call Joslyn Law Firm today or send an online message to schedule a risk-free and confidential consultation: (614) 444-1900.
Third OVI in Columbus, OH, Information Center
- Third OVI Charges in Columbus
- Penalties for a Third OVI in Ohio
- Defenses Against Third OVI in Franklin County
- Additional Resources for Third OVI in Columbus
- News About Third OVI in Ohio
- Frequently Asked Questions About Third OVI in Franklin County
- Third OVI in Columbus, OH, Defense Lawyers
Third OVI Charges in Columbus
According to Ohio Revised Code § 4511.19, it is unlawful for any person to operate a vehicle, or be in physical control of a vehicle, who is under the influence of (a) alcohol; (b) a drug of abuse; or (c) a combination of alcohol and a drug of abuse. It is also unlawful for any person with a blood alcohol concentration (BAC) of .08 or more to operate a vehicle.
To clarify, to be in “physical control” of a vehicle means to be in the driver’s position of a vehicle and have possession of the vehicle’s ignition key or any other ignition device. In certain cases, being in “physical control” may bring lesser penalties than a traditional OVI.
If the individual in question is a minor who was operating a vehicle while intoxicated, the person will be charged with an OVI if the BAC is .02% or higher. For commercial drivers, the BAC needs to be .04% or more for them to be charged.
Penalties for a Third OVI in Ohio
In regard to possible sentencing, a third OVI will come with severe consequences. If convicted, the presumptive sentence will be a minimum of 30 days in jail, with a maximum capped at one year. Additionally, you may be liable for up to $2,500 in fines and undergo an administrative license suspension for up to two years (three years if you refused a chemical test during the initial stop).
There is also a possibility that you could be required to forfeit your vehicle if this was your third OVI conviction in a six-year period. In addition to the administrative license suspension, the court may also require a license suspension from one to 10 years.
Defenses Against a Third OVI in Franklin County
Our legal team knows the legal defense strategies that could work in your third OVI charge. The circumstances of your case dictate how we build your defense.
Keep in mind that the prosecutor has the burden of proof. They must provide evidence that shows beyond a reasonable doubt that you committed this offense. This brings up one strategy that can be quite effective in the right situation—we try to get key evidence thrown out.
A common basis for suppressing evidence in court is the argument that your constitutional rights were violated in the course of obtaining the evidence. This could relate to unlawful searches and seizures. For example, if your arrest stemmed from an unlawful traffic stop, then any evidence obtained related to that traffic stop must be thrown out because it is considered “fruit of the poisonous tree.” Examples include:
- Field sobriety tests
- Chemical tests
- Alcohol bottles or drugs found in the vehicle
Creating Reasonable Doubt
Our lawyers could also rest their defense on raising doubt about the prosecution’s case. If your BAC was right at the cusp of the legal limit, we could argue that the tests might have been off (machines not properly calibrated or staff not properly trained, perhaps). This argument could leave room to believe you were not actually under the influence when you were operating your vehicle.
Making a Plea Agreement
If we cannot make enough dents in the prosecution’s case to have it dismissed, then we can advocate for leniency. A plea bargain could mean that you plead guilty to a lesser charge and come out with lighter penalties.
These are just a few examples of defenses we could raise in your third OVI case.
Additional Resources for Third OVI in Columbus
Ohio Department of Mental Health and Addiction Services – Driver Intervention Program
Ohio offers the Driver Intervention Program (DIP) as an alternative to the mandatory jail term of three days that you would face if a court convicted you of OVI. It is up to the court’s discretion whether you have this option. The program lasts two or three days and offers education about alcohol abuse and addiction, as well as small group discussions. You can visit this site for a list of DIP providers.
Ohio State Highway Patrol
You can visit this page to view a list of approved interlock devices. You can also access applications and forms, such as a downloadable Ohio Ignition Interlock Service Center Application/Removals/Updates form and Certificate Affirming Installation of an Ignition Interlock Device.
Ohio Bureau of Motor Vehicles (BMV)
The Ohio BMV oversees everything related to driver licensing and motor vehicle registration. This page, in particular, tells you what you need to know about suspensions and reinstatements. You can go here to learn about:
- Reinstatement fees and amnesty
- Insurance suspensions
- Alcohol and drug suspensions
- Court suspensions
- Commercial driver license (CDL) suspensions
- Juvenile suspensions
- Other related topics
Franklin County Municipal Court
At the Franklin County Municipal Court “Self Help Resource Center” site, you can chat with a representative. They typically respond to messages within an hour. You can also get directions to this resource center, which offers court forms and information about court procedures. You do not need an appointment. Take note that the Resource Center staff are not able to give you legal advice.
Ohio Revised Code § 4511.19 – Operating a Vehicle Under the Influence of Alcohol or Drugs – OVI
This section of the Ohio Revised Code lays out state law regarding OVI. If you want to know the specific thresholds for BAC and drug concentrations in the body and how they affect your charges, you can visit this page. This section of the Ohio Revised Code also tells you the legal parameters set for evidence gathered from administered tests (field sobriety, chemical tests, and so on) and their admissibility in court.
News About Third OVI in Ohio
June 16, 2021
“OVI and Prescribed Medications”
Wilmington News Journal presents a column from Mike Daugherty, who speaks to the fact that more than 5 million Ohio drivers take prescription medication every day—including 200,000 who are registered as patients under the Ohio Medical Marijuana Control Program.
Daugherty also talks about the record number of people in Ohio who use medications like Subutex, methadone, and Suboxone as treatments for their opiate addictions. The columnist points to a recent case where a person pleaded guilty to a third drug OVI in three years. This individual is now serving a one-year sentence, and it will be five years before they regain their driver’s license.
June 5, 2021
“Grand Jury Indicts 19 People”
According to The Marietta Times, Kelly Jean Hendershot, 45, was indicted on one count of an OVI, a fourth-degree felony, as well as one count of tampering with evidence. Police responded to a crash and found that Hendershot had reportedly been operating her vehicle under the influence. She was arrested and taken to Washington County Jail.
Police offered a urine test, but Hendershot returned her test cup with toilet water instead. This is Hendershot’s fourth OVI—within the past 10 years, she had three prior OVI convictions.
June 1, 2021
“Ohio State Highway Patrol Warns Of 100 Deadliest Days Of Summer”
Richland Source writes about stern warnings from the Ohio State Highway Patrol regarding the span of time between Memorial Day weekend and Labor Day Weekend. This period, known as the “100 Deadliest Days of Summer,” resulted in 452 fatal crashes in 2020 and has prompted the Ohio State Highway Patrol to remind Ohioans to drive sober, focused, and buckled up.
According to the Traffic Safety Bulletin in the article, Franklin County is classified as an area with the highest number of crashes last summer, reporting between 1,000 and 8,999.
May 29, 2021
“Do Ohio’s Criminal Seizures Amount to Constitutionally Prohibited ‘Excessive Fines?’”
The Ohio Supreme Court is considering a case wherein a Medina man lost his $31,000 vehicle after his third OVI conviction, reports Cleveland.com. The vehicle was James O’Malley’s only asset. Losing the vehicle cost him his job, and he could not afford to buy another mode of transportation.
O’Malley’s lawyers argue that seizing a vehicle of this value—in a case where the potential fines were substantially lower in value—violated the Eighth Amendment prohibition on excessive fines. The seizing of the vehicle could fall under Ohio’s criminal forfeiture laws, but these laws were changed in 2007. Now, the court must prove by clear and convincing evidence that the value of the forfeited property is proportionate to the severity of the offense.
May 7, 2021
“Miamisburg Man Sentenced to Over 16 Years After 3rd OVI Led to Death Of Woman in Crash”
2 News NBC reports that Tommy Abner of Miamisburg was found guilty of aggravated vehicular manslaughter and sentenced in Warren County Common Pleas Court. Police tested Abner’s blood after he crashed head-on into a vehicle, killing its occupant. The test confirmed he had amphetamines and methamphetamines in his system.
The offense marked Abner’s third OVI. He was found guilty of first- and second-degree aggravated vehicular homicide; and three counts of OVI, first-degree misdemeanors. Abner was also found guilty of escape, which is a third-degree felony, after he fled to Kentucky, failing to return to the Warren County Jail. He had 17 previous license suspensions.
Frequently Asked Questions About Third OVI in Franklin County
Q. What Happens if You Get 3 OVI Offenses in Ohio?
A third OVI conviction in Ohio means you face substantial penalties and punishment, including:
- Jail sentence of 30 days to 12 months
- Fine of between $850 and $2,750
- License suspension (court-imposed) of between two and 12 years
- License suspension (administrative) of two years
- A waiting period of three years after suspension for ignition interlock limited driving privileges
- Mandatory alcohol or drug assessment and treatment
- Possible electronic monitoring or house arrest
- Possible forfeiture of your vehicle
Q. Can You Beat a Third DUI?
- Yes, one of our criminal defense attorneys could beat a third DUI charge if they can suppress the prosecution’s evidence of the OVI or convince a jury that the prosecution did not prove its case beyond all reasonable doubt. If the circumstances of your case do not allow for either of these options, our lawyers can plead for leniency, possibly allowing you to plead guilty for a lesser sentence.
Q. Is Jail Time Mandatory for a 3rd OVI in Ohio?
- If you are convicted of a third OVI—or if you plead guilty or no contest to this offense—you will face mandatory jail time of at least 30 days. This is on top of the fines and license suspension you may incur.
Q. How Many OVI Offenses Can You Get in Ohio?
- The charge for an OVI/DUI offense goes up with every offense within a given time period. At a certain point, the offense is charged as a felony. For example, a fourth OVI offense with a 10-year-period and a sixth OVI offense within a 20-year-period are both charged as felonies.
Q. How Long Does a DUI Stay on Your Background Check in Ohio?
- You cannot expunge an OVI conviction in Ohio, which means it will always stay on your criminal record. However, the record that insurance companies use to check your driving history is called a Driver Abstract. This record only tracks the last three years of your driving history.
Third OVI in Columbus, OH, Defense Lawyers
An arrest on a third OVI charge gives you little wiggle room with regard to your defense, which is why it is paramount that you find a criminal defense attorney who has successfully argued this type of case. It takes legal knowledge to handle the aggressive prosecution you likely will face if your case moves forward.
As a Columbus attorney who has helped many Ohioans out of difficult DUI situations, Brian Joslyn can handle your case in a professional and effective manner. We proudly represent individuals in and around the Columbus area, including the cities of Dublin, Westerville, Upper Arlington, Worthington, Grove City, Reynoldsburg, New Albany, and Hilliard, among others. If you have been charged with a third OVI (DUI) offense and are looking for a lawyer who is committed to protecting your rights, call Joslyn Law Firm today at (614) 444-1900 for a complimentary consultation.