‘Don’t drink and drive;’ Attorney warns about OVI penalties for those celebrating St. Patrick’s Day
Some people in the Miami Valley have been our celebrating St. Patrick’s Day since as early as 5 a.m. this morning and an attorney is talking about OVI penalties for anyone thinking of getting behind the wheel after being out today.
Many of those celebrating have been drinking for hours. Many of those people have told News Center 7 that they have a plan to get home safely.
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“We are going to take advantage of the Uber free ride that they’re offering,” Jake Fryman, of Beavercreek, said.
News Center 7′s Kayla McDermott spoke with an attorney who has experience with those who don’t come up with a plan.
“An OVI conviction in Ohio are graduated based on the severity of the crime and the number of priors that you would have,” Patrick Mulligan, owner of L. Patrick Mulligan & Associates, said. “And the look back period is now 10 years. So it’s very relevant what your prior record was in the past 10 years.”
Mulligan, who has been an attorney for nearly four decades, explained that for a first offense people could face three days in jail or go to a program. If their alcohol limit is at a 1.7 or higher, then they could face six days in jail.
“On a second offense, the mandatory minimum jail is 10 or 20 days in jail,” he said.
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A third offense could land a person in jai for 30 to 60 days. A fourth offense will land a person in prison.
Each offense also comes with a fine which can vary:
First Offense: $375-$1,075
Second Offense: $525-$1,625
Third Offense: $850-$2,750
Fourth Offense: $1,350-$10,500
In the worst case scenario, someone could kill another person. In that case, the person gets charged with a felony.
“Heavy duty felony penalties,” Mulligan said. “It can be a second degree felony, which carries [a] mandatory eight years in the penitentiary.”
The attorney said an OVI charge can be extensive and confusing for most and shared his advice for those going out.
“Best advice, don’t drink and drive. If you do, then you need truly an expert to help you,” he said.