Is OVI a Felony in Ohio?
Contents
Understanding Ohio’s OVI Laws
In the state of Ohio, Operating a Vehicle under the Influence (OVI) is considered a serious offense and is punishable by law. OVI is not necessarily a felony in Ohio, but it can lead to severe consequences, including criminal charges and penalties. In this article, we will delve into the world of OVI laws in Ohio, exploring the details and consequences of this serious offense.
What is OVI in Ohio?
Ohio law defines OVI as driving or being in actual physical control of a vehicle while impaired by alcohol or a controlled substance. The statute also covers driving while having a detectable amount of a drug or drugs in the system. To be considered OVI, the individual must be shown to be impaired or having a prohibited concentration of a drug or drugs in their system.
Criminal Charges and Penalties
Ohio OVI offenses are typically classified as misdemeanors, but more serious offenses can be classified as felonies. Here are the possible penalties and consequences:
- First-time offender:
- Up to 6 months in jail
- Fines up to $1,075
- Driver’s license suspension for 3-6 months
- Second-time offender:
- Up to 5 years in prison
- Fines up to $2,500
- Driver’s license suspension for 2-5 years
- Third-time offender:
- Up to 8 years in prison
- Fines up to $2,500
- Driver’s license suspension for 2-5 years
It’s essential to note that if an OVI offense results in injury or death, the offense becomes a felony, carrying stiffer penalties. These penalties include:
| Charge | Prison Time | Fine |
|---|---|---|
| Aggravated OVI Causing Injury | Up to 5 years | Up to $10,000 |
| Aggravated OVI Causing Serious Physical Harm | Up to 8 years | Up to $15,000 |
| Aggravated OVI Causing Death | Up to 10 years | Up to $20,000 |
What Triggers a Felony Charge for OVI in Ohio?
To qualify as a felony OVI offense, the individual must meet specific criteria. These include:
- BAC above 0.17%: If an individual has a BAC above 0.17%, they can face more severe penalties, including the possibility of a felony charge.
- Previous OVI convictions: Multiple OVI convictions can result in felony charges, especially if the convictions occurred within a specific time frame (e.g., within the last 20 years).
- Accidents causing serious injury or death: OVI offenses that result in serious injury or death are considered felonies and can carry longer prison sentences.
- Refusing to submit to a BAC test: Refusing to submit to a BAC test can lead to an automatic license suspension and possible felony charges.
Defenses and Sentencing Options
While OVI is considered a serious offense, there are defenses and sentencing options available to help mitigate the consequences. Some possible defenses include:
- Innocence: If an individual can demonstrate that they were not driving or were not impaired at the time of the offense, they may be acquitted.
- Technical errors: If there are issues with the evidence, such as improper testing procedures, an attorney may argue for a reduction in charges or a dismissal.
- Mitigating circumstances: An individual’s lack of prior convictions, the seriousness of their impairment, and other mitigating circumstances can be argued to reduce the severity of the offense.
Conclusion
Is OVI a felony in Ohio? Not necessarily, but the consequences of an OVI offense can be severe and long-lasting. It’s essential to understand the law and the potential penalties before getting behind the wheel after consuming alcohol or using drugs. If you have been charged with OVI, it’s crucial to seek legal representation from an experienced attorney to navigate the legal process and defend your rights. Remember, OVI is not a trivial offense, and it’s vital to take the necessary precautions to ensure a safe and responsible time behind the wheel.
