if i refuse the breathalizer test, what is look back period for ovi/dui in ohio?
Have you ever been pulled over for drinking and driving in the state of Ohio? If so, you may be asked to take a breath test to determine your blood alcohol level. But what happens if you refuse to take the test? What is the “lookback” period for Ohio DUI or OVI cases?
In Ohio, the “lookback” period refers to the amount of time you are held responsible for prior DUI/OVI convictions. This is usually 10 years, meaning any DUIs or OVIs from the past 10 years will be counted against you. However, refusing the breath test can lead to harsher punishments and the lookback period for those punishments can be longer.
If you decide not to take the breath test, you will be issued a refusal license suspension. For a first-time refusal, this will result in a suspension of 1-year and a court-imposed fine of up to $1,000. The lookback period for a refusal license suspension is five years. After that time period, the refusal will no longer be counted against you.
For a second refusal within the five-year lookback period, there is no license suspension you will instead be found guilty of an OVI which will lead to stricter punishments. The court will impose a fine between $500 and $5,000 and a jail sentence of three to 60 days. Additionally, the OVI will stay on your DUI record for six years and a court-mandated rehab program can be required.
The decision to take or refuse a breath test can be a difficult one in Ohio. While it may seem like a good idea to refuse in the moment, you should always weigh the consequences that could occur as a result of your decision. The best option is to speak with a lawyer beforehand so that you can make an informed decision before you answer.
It is important to understand that the lookback period after a refusal is five years, whereas the lookback period after a DUI or OVI conviction is 10 years. This means that while refusing the test could spare you from a license suspension, it brings you more intense punishments in other areas.
What’s more, refusing the breath test could also cost you more in the long run. Even after the five-year lookback period has expired, a refusal will still stay on your record. This is an important factor to consider especially if you have a professional license or are looking for another job. Having the refusal on your record could make it more difficult to find employment in the future.
The bottom line is that if you choose to refuse the breath test in Ohio, you need to be aware that you could face harsher punishments and a longer lookback period. It is important to consider all your options carefully before you make your decision.
What will happen if I get convicted of a DUI or OVI?
If you are convicted of a DUI or OVI in Ohio, you will face a number of punishments, including a fine, jail time, and a license suspension. The suspension periods for a DUI conviction vary based on your blood alcohol concentration (BAC) at the time of the offense. For a BAC of .08 to .17%, you will face a suspension of between 6 months and 3 years. If your BAC is higher than .17%, you will face a suspension of between 1 year and 5 years.
If you are convicted of an OVI, the court may also order you to attend a designated driver safety program and to participate in a drug or alcohol treatment program. In addition, the DUI will remain on your record for 6 years, and any conviction or refusal within this 6-year period will trigger additional penalties. For a DUI or OVI conviction, the lookback period is 10 years.
What are the consequences for multiple DUIs?
If you are convicted of multiple DUIs or OVIs within the 10-year lookback period, then Ohio will impose harsher punishments for each subsequent offense. For instance, if you have three or more offenses, then you may be charged with a felony and could face the following punishments: fines up to $10,000, a jail sentence of 6 months to 5 years, and a license suspension of at least one year.
If you are convicted of multiple DUIs or OVIs within the 10-year lookback window, you may also face additional consequences, such as having to install an ignition interlock device on your car, having to obtain a Financial Responsibility Certificate, or having to complete community service hours.
What is the lookback period for out-of-state DUIs?
If you have been convicted of a DUI or OVI in another state, the lookback period still applies in Ohio. Ohio will count all DUIs or OVIs from the past 10 years as part of the lookback period. This means that even if you received a DUI or OVI in another state, the conviction will still be taken into account when determining the punishments for a future DUI or OVI offense.
Can I appeal a DUI or OVI conviction in Ohio?
If you are convicted of a DUI or OVI in Ohio, you have the right to appeal the conviction if you believe the conviction was unfairly obtained or there was a violation of your legal rights. Appeals in Ohio must be filed within 30 days of the initial conviction. You will file the appeal with the Ohio court and the burden of proof is on the defendant to prove that the conviction was wrongful.
Can I expunge a DUI or OVI conviction in Ohio?
Unfortunately, Ohio does not allow for the expungement of DUIs or OVIs. This means that you will have to live with the conviction and the consequences of the 10-year lookback period for the rest of your life.
What other options do I have after being convicted of a DUI or OVI?
If you have been convicted of a DUI or OVI in Ohio, there are still a few options you can explore to lessen the consequences. For instance, you could opt to enter an alcohol or drug treatment program, attend a designated driver safety program, or complete community service hours. Doing so could help reduce your sentence or get you back on the road sooner. Another option is to work with a lawyer who can help you explore other options for mitigating your punishments or advocating for a reduced sentence.
