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Mandatory Days In Jail

January 20, 2008

Under Ohio law, if you are arrested for DUI/OVI and blow over .170, then face six days in jail, only three of which can be spent in a DIP (Driver’s Intervention Program). Ohio Revised Code Section 4511.19(A)(1)(h), even if this was your first offense of any kind, ever. Get ready for the jail jump suit, the baloney sandwiches and plastic juice bottles. This is the case even if the trial judge does not want to sentence you to days in jail.

For instance, Ohio’s First District Court of Appeals considered a case where the trial court, instead of sentencing the youthful female offender to three days in the program and three days in jail, sentenced her to two consecutive driver’s intervention programs. The prosecutor, wanting the young lady to spend time in jail, appealed the ruling and the First Appellate District Court held that:
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