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DUI in Dayton

Is A DUI Always A Misdemeanor?

No. If you have three DUIs within six years, the fourth one will be charged as a felony.

Also, your sixth in 20 years will be charged as a felony.

Felony DUIs have mandatory time starting at 60 days.

If you or a family member has been arrested, why not pick up the phone and talk to an experienced criminal lawyer in Dayton.

Call us at 937-228-9790.

Can You Always Get Driving Privileges After A DUI Arrest?

Driving privileges are almost always granted after a DUI arrest.

However, awarding driving privileges is always in the Judge’s discretion and they can be denied–although unlikely.

Depending on the number of prior DUI convictions you have, when they occurred, and whether you refused the breathalyzer or not, there is usually a waiting period in which driving privileges cannot be awarded based on Ohio law.

If you or a family member has been arrested, why not pick up the phone and talk to an experienced criminal lawyer in Dayton.

Call us at 937-228-9790.

On a first offense DUI, the answer is no.

On a second offense DUI, the State cannot take your vehicle but they are required to immobilize the vehicle (meaning you have it but cannot drive it) for a period of 90 days.

On a third offense DUI, and any other later offense, the State is required to take your vehicle permanently.

If you or a family member has been arrested, why not pick up the phone and talk to an experienced criminal lawyer in Dayton.

Call us at 937-228-9790.

When you are arrested for DUI, the officer will take your license and it will be immediately suspended.

There will then be a time in which you will not be allowed any type of driving privileges.

This is usually referred to as “hard time.”

This hard time can be anywhere from 15 days up to 3 years, depending on how many priors you have.

If you or a family member has been arrested, why not pick up the phone and talk to an experienced criminal lawyer in Dayton.

Call us at 937-228-9790.

A DUI in Ohio has mandatory minimum fines, meaning they could be more but will not be less than the minimum.

First offense minimum: $375.

Second offense minimum: $525.

Third offense minimum: $850.

If you or a family member has been arrested, why not pick up the phone and talk to an experienced criminal lawyer in Dayton. Call us at 937-228-9790.

What Happens If I Refuse A Breathalyzer?

If you are pulled over for DUI and you refuse a breathalyzer, the police officer will take your driver’s license and your driving privileges will immediately be suspended for one year.

This is called an Administrative License Suspension or ALS.

You will then have to wait 30 days before you are allowed to have driving privileges that allow you to drive to and from work and school.

Refusing the breathalyzer can be considered to be both good and bad.

It is bad because it carries an automatic one year license suspension but it is good because the State does not have a breathalyzer test as evidence to use against you.

If you or a family member have been arrested, why not pick up the phone and talk to an experienced criminal lawyer in Dayton. Call us at 937-228-9790.

What Are The Penalties For A Fourth DUI?

A fourth DUI within six years is a felony.

The minimum penalties are between 60 days and one year in jail (120 days if the breath test was above a .17 or you refused the breath test), $1,350 fine, mandatory alcohol treatment, a license suspension of 3 years to life, restricted license plates, Interlock, and if the car you were driving is yours you must forfeit the vehicle to the state.

If you need help with a DUI arrest in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

What Are The Penalties For A Third DUI?

The minimum penalties on a third offense within six years is 30 days in jail (60 days in jail if the breath test was above a .17 or you refused the breath test), $850 fine, mandatory alcohol treatment, a license suspension of two years, restricted license plates, Interlock, and if the car you were driving is yours you must forfeit the vehicle to the state.

Remember that these are minimum penalties so you cannot get anything less and you may get more if the Judge chooses to do so.

If you need help with a DUI arrest in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

What Are The Penalties For A First Time DUI?

Ohio has two types of DUIs: Low Tier and High Tier.

The Low Tier DUI is when your breathalyzer test is above a .08.

The sentence on a first offense low tier DUI is a minimum three days in jail (or a three day alcohol class), a six month license suspension, and a $375 fine.

Those are the minimum penalties so you cannot get less than that and it is possible you get more.

The sentence on a first offense high tier DUI is the same, except the jail time is six days instead of three and you are required to have restricted license plates on your car (the yellow and red ones).

There typically is not a six day alcohol class so that time is usually spent in the county jail.

If you need help with a DUI in the Dayton Area, please call us at (937) 228-9790 for a free consultation.

The first thing you need to do is call us.

We can get your warrant pulled but it requires us contacting the judge and arranging it with him/her.

Until you get the warrant pulled, you are subject to being arrested and put in jail.

Once the warrant is pulled we can proceed on your case.

If you or a family member has been arrested, why not pick up the phone and talk to an experienced criminal lawyer in Dayton. Call us at 937-228-9790.