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just curious about person's 6th DUI

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mkathyf

Member
What is the name of your state (only U.S. law)? Ohio
I was talking to our roofer today. After leaving a pub, where he met friends after work for dinner and some beers, he and his friends were followed out of the parking lot(separate cars) by an officer.
The officer pulled him over "for speeding" (however, he was behind his friends who had their cruise on and were'nt speeding), and then wanted to give him a DUI. He refused any sobriety test, so had his license taken and is now due in court next week.

BUT, he told me that about 15 years ago, 16/17 years old, he had 5 DUI's within a few years....(2 in the same week!)
SO! I guess what I am curious about is: does the court take into consideration the number of years which have passed since he had any problems? OR, does he get the maximum sentence, being charged with his 5th/6th DUI.

He is a nervous wreck. Rightfully so. But, I am just curious as to how the law looks at such a record.
 


P

Proserpina

Senior Member
mkathyf said:
What is the name of your state (only U.S. law)? Ohio
I was talking to our roofer today. After leaving a pub, where he met friends after work for dinner and some beers, he and his friends were followed out of the parking lot(separate cars) by an officer.
The officer pulled him over "for speeding" (however, he was behind his friends who had their cruise on and were'nt speeding), and then wanted to give him a DUI. He refused any sobriety test, so had his license taken and is now due in court next week.

BUT, he told me that about 15 years ago, 16/17 years old, he had 5 DUI's within a few years....(2 in the same week!)
SO! I guess what I am curious about is: does the court take into consideration the number of years which have passed since he had any problems? OR, does he get the maximum sentence, being charged with his 5th/6th DUI.

He is a nervous wreck. Rightfully so. But, I am just curious as to how the law looks at such a record.
Click to expand...

From an attorney website, including the relevant cites.

Prio Ohio OVI Convictions
Ohio also uses two different “look back” periods when considering prior convictions. For a case involving a blood, breath or urine test that is over the limit, there is a six year look back period for your first four convictions. For each new conviction within this six year period, the mandatory minimum sentence increases. A fourth conviction within a six year period is a felony.

For those who have a prior Ohio OVI (DUI, DWI, OMVI or drunk driving) conviction and then refuse to take a blood, breath or urine test on their current charge, there is a twenty year look back period. If you have a prior conviction and are then asked to take a chemical test (blood, breath or urine) upon being arrested, if you refuse to take the test, the officer may charge you with 4511.19(A)(2) – this is sometimes written as 4511.19(A)(2)(b). Conviction under this section also carries increased penalties.

Finally, if you have five prior convictions within 20 years and are charged with a sixth Ohio OVI within a twenty year period, the 6th OVI in 20 years is a felony. If you have ever been convicted of a felony Ohio OVI, any Ohio OVI charge after that becomes a felony (no matter how long you go between convictions).
Click to expand...
 
S

sandyclaus

Senior Member
mkathyf said:
What is the name of your state (only U.S. law)? Ohio
I was talking to our roofer today. After leaving a pub, where he met friends after work for dinner and some beers, he and his friends were followed out of the parking lot(separate cars) by an officer.
The officer pulled him over "for speeding" (however, he was behind his friends who had their cruise on and were'nt speeding), and then wanted to give him a DUI. He refused any sobriety test, so had his license taken and is now due in court next week.

BUT, he told me that about 15 years ago, 16/17 years old, he had 5 DUI's within a few years....(2 in the same week!)
SO! I guess what I am curious about is: does the court take into consideration the number of years which have passed since he had any problems? OR, does he get the maximum sentence, being charged with his 5th/6th DUI.

He is a nervous wreck. Rightfully so. But, I am just curious as to how the law looks at such a record.
Click to expand...
Ohio has something called the Habitual DUI/OVI Offender Registry, specifically for offenders with 5 or more DUI/OVI arrests/convictions. He can expect to be listed on that registry for one.

In addition, with 5 or more prior DUIs within 20 years, any further DUI is a 4th Degree Felony. He's looking at a substantial fine (from $1350 to $10,500), the potential for jail time from 60 days to 5 years, a license suspension for anywhere from 3 years to life, possible forfeiture of his vehicle or being issued special yellow license plates that identify him as a repeat DUI offender.
 
Zigner

Zigner

Senior Member, Non-Attorney
mkathyf said:
What is the name of your state (only U.S. law)? Ohio
I was talking to our roofer today. After leaving a pub, where he met friends after work for dinner and some beers, he and his friends were followed out of the parking lot(separate cars) by an officer.
The officer pulled him over "for speeding" (however, he was behind his friends who had their cruise on and were'nt speeding), and then wanted to give him a DUI. He refused any sobriety test, so had his license taken and is now due in court next week.

BUT, he told me that about 15 years ago, 16/17 years old, he had 5 DUI's within a few years....(2 in the same week!)
SO! I guess what I am curious about is: does the court take into consideration the number of years which have passed since he had any problems? OR, does he get the maximum sentence, being charged with his 5th/6th DUI.

He is a nervous wreck. Rightfully so. But, I am just curious as to how the law looks at such a record.
Click to expand...
You may want to find a new roofer...
 
M

mkathyf

Member
wow. Thanks everyone. It seems he made the wrong decision when he refused a breathalyzer.
I hope the judge goes a little easy on him.
 
L

Ladyback1

Senior Member
mkathyf said:
What is the name of your state (only U.S. law)? Ohio
I was talking to our roofer today. After leaving a pub, where he met friends after work for dinner and some beers, he and his friends were followed out of the parking lot(separate cars) by an officer.
The officer pulled him over "for speeding" (however, he was behind his friends who had their cruise on and were'nt speeding), and then wanted to give him a DUI. He refused any sobriety test, so had his license taken and is now due in court next week.

BUT, he told me that about 15 years ago, 16/17 years old, he had 5 DUI's within a few years....(2 in the same week!)
SO! I guess what I am curious about is: does the court take into consideration the number of years which have passed since he had any problems? OR, does he get the maximum sentence, being charged with his 5th/6th DUI.

He is a nervous wreck. Rightfully so. But, I am just curious as to how the law looks at such a record.
Click to expand...
I would be curious as to whether the DUIs when he was a juvenile will show up on his record...If they don't, this will be his first offense.
But way, refusing to blow is really, really, stupid!
 
quincy

quincy

Senior Member
Ladyback1 said:
I would be curious as to whether the DUIs when he was a juvenile will show up on his record...If they don't, this will be his first offense.
But way, refusing to blow is really, really, stupid!
Click to expand...
Most states offer a program for juveniles offenders for their first misdemeanor offense, allowing for no criminal record if the terms of the program are met within a probationary period. It seems likely that most if not all of the DUIs, if he was convicted, will appear as part of this fellow's criminal history.
 
Ohiogal

Ohiogal

Queen Bee
mkathyf said:
wow. Thanks everyone. It seems he made the wrong decision when he refused a breathalyzer.
I hope the judge goes a little easy on him.
Click to expand...
YOu hope the judge goes easy on a guy who has driven drunk SIX times? Really? That is not a mistake but rather a habit. If the judge goes easy, how would you feel if your roofer drank and then KILLED you/your children/your spouse the next time ... I mean he only made a tiny mistake, right? The judge should be easy on an alcoholic who has no regard for innocent people. Got it. Your roofer quite frankly deserves jail time if not prison time. Says the lawyer from Ohio.
 
Ohiogal

Ohiogal

Queen Bee
Ladyback1 said:
I would be curious as to whether the DUIs when he was a juvenile will show up on his record...If they don't, this will be his first offense.
But way, refusing to blow is really, really, stupid!
Click to expand...
His juvenile record in this regard counts.
 
Ohiogal

Ohiogal

Queen Bee
quincy said:
Most states offer a program for juveniles offenders for their first misdemeanor offense, allowing for no criminal record if the terms of the program are met within a probationary period. It seems likely that most if not all of the DUIs, if he was convicted, will appear as part of this fellow's criminal history.
Click to expand...
They all will appear. Hence this alcoholic idiot will hopefully spend time in jail if not prison.
 
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