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No matter what the case may be, a third DUI (or OVI) conviction in Ohio can possibly come with harsh potential penalties and an aggressive prosecution. Dealing with a charge such as this has the potential to turn your life upside down. Affecting not only your financial well-being, a repeat DUI conviction can also have major negative ramifications on your professional and social life as well.
Action taken on your part must be swift and calculated. You will be dealing with a prosecutor that thinks you should be behind bars. Knowing this to be the case, it is essential that you retain legal counsel that has the experience and legal aptitude necessary to develop a strong defense that gives you the best opportunity to reduce the charges, or possibly get them dismissed.
If you or a loved one currently has a pending third DUI charge, take the steps to clear your name and move on with your life by hiring a qualified criminal defense attorney to defend you. Brian Joslyn, of the Joslyn Law Firm is an experienced OVI attorney in Columbus who understands the situation you are currently dealing with, and will employ all of his legal knowledge to find a solution to this life-altering problem.
Call (614) 444-1900 or send an online message to schedule a risk-free and confidential consultation to discuss the specifics of your case. Brian proudly represents individuals in the Ohio counties of Delaware, Franklin, Madison, Licking, Fairfield, and Pickaway.
As a client first lawyer, Brian Joslyn will handle every aspect of your case personally and will make certain that your individual rights are protected throughout the entire process, including both the administrative and criminal matters.
In Ohio, according to ORC §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 to operate a vehicle who has a blood alcohol concentration (BAC) or .08 or more.
To clarify, to be in “physical control” of a vehicle means to be in the driver’s position of the front seat of a vehicle and having possession of the vehicles ignition key or any other ignition device. In certain cases being in “physical control,” depending on the situation, may bring with it lesser penalties than a traditional OVI.
If the individual in question is a minor, the person will be charged with a DUI if the BAC is .02% or higher. For commercial drivers, the BAC needs to be .04% or more to be charged.
In regards to the possible sentencing, a third DUI will come with severe consequences. If convicted, the presumptive sentence will be a minimum or 30 days in jail, with a maximum capped at one year. Additionally, you may be liable for up to $2,500 in fines and an administrative license suspension for up to 2 years (3 years if you refused a chemical test during the initial stop).
There is also a possibility that you may have to forfeit your vehicle is this was your third DUI conviction in a six-year period. In addition to the administrative license suspension, the court may also require a license suspension from 1 to ten years.
An arrest for a third DUI gives you very little wiggle room with regard to your defense, which is why is paramount that you find a criminal defense attorney who has experience in successfully arguing cases like yours. This takes a legal knowledge that can effectively handle the aggressive prosecution that you will surely face if this case continues to move forward.
As an experienced Columbus attorney who has helped many out of difficult situations with regard to their DUI cases, Brian Joslyn can handle your case in a professional and logical manner. Considering that your options are limited, your attorney needs to be focused and dedicated to you as a client and willing to put everything he can into finding solutions to this anxiety-inducing legal problem.
If you have been charged with a third DUI offense and need the help of a proficient and skilled lawyer who is committed to making sure your rights are protected call the Joslyn Law Firm today at (614) 444-1900 to set up a free consultation. Brian proudly represents individual in and around the Columbus area, including the cities of Dublin, Westerville, Upper Arlington, Worthington, Grove City, Reynoldsburg, New Albany and Hilliard, among others.
This article was last updated on Friday, April 5, 2018.