Is a DUI in Ohio a Felony?
Ohio law treats driving under the influence (DUI) as a serious offense, with penalties ranging from fines and jail time to revoked licenses and even felony charges. In this article, we’ll explore the legal implications of a DUI in Ohio, including whether it can be considered a felony.
Is a DUI in Ohio a Felony?
The short answer is: it depends. In Ohio, a DUI can be either a misdemeanor or a felony, depending on the circumstances of the offense and the individual’s criminal history.
Misdemeanor DUI
A misdemeanor DUI in Ohio is typically classified as a OVI (Operating a Vehicle under the Influence). The penalties for a misdemeanor OVI include:
- Up to 180 days in jail
- A fine of up to $1,000
- Suspension of driver’s license for 1-3 years
- Mandatory alcohol counseling
- Possible community service
Felony DUI
A felony DUI in Ohio is typically classified as Aggravated Vehicular Assault or Aggravated Vehicular Homicide. These charges are typically filed when the offense results in serious injury or death.
- Aggravated Vehicular Assault: This charge is filed when the offense causes serious physical harm to another person. The penalties include:
- Up to 8 years in prison
- A fine of up to $20,000
- Mandatory alcohol counseling
- Possible community service
- Aggravated Vehicular Homicide: This charge is filed when the offense results in the death of another person. The penalties include:
- Up to 15 years in prison
- A fine of up to $20,000
- Mandatory alcohol counseling
- Possible community service
Factors that Determine Felony DUI Charges
Several factors can contribute to a felony DUI charge in Ohio, including:
- Prior OVI convictions: If an individual has multiple OVI convictions, they may be charged with a felony.
- Serious injury or death: If the offense results in serious physical harm or death to another person, a felony charge may be filed.
- High blood alcohol content (BAC): If the individual’s BAC is significantly higher than the legal limit, a felony charge may be filed.
- Reckless driving: If the individual was driving recklessly or at a high speed, a felony charge may be filed.
Consequences of a Felony DUI Charge
A felony DUI charge in Ohio can have serious consequences, including:
- Criminal record: A felony conviction can remain on an individual’s criminal record for the rest of their life.
- Long-term prison sentences: Felony DUI charges can result in long-term prison sentences, including up to 15 years in prison.
- Loss of professional licenses: A felony DUI conviction can result in the loss of professional licenses, including those related to law enforcement, healthcare, and education.
- Emotional and financial consequences: A felony DUI conviction can have significant emotional and financial consequences, including the loss of employment, damage to relationships, and financial instability.
Conclusion
In conclusion, a DUI in Ohio can be either a misdemeanor or a felony, depending on the circumstances of the offense and the individual’s criminal history. While a misdemeanor OVI conviction carries significant penalties, a felony DUI conviction can have much more severe consequences. It’s essential for individuals to understand the legal implications of a DUI in Ohio and to seek legal counsel if they are facing charges.
