Is DUI a Felony in Ohio?
The legality surrounding Driving Under the Influence (DUI) or Operating a Vehicle under the Influence (OVI) varies from state to state. In Ohio, OVI is a criminal offense that can result in both administrative and criminal penalties. In Ohio, it is possible for an individual to be charged with felony OVI under certain circumstances.
Is Ohio DUI a Felony in Most Cases?
The majority of OVI arrests in Ohio are misdemeanor charges, punishable by a minimum fine of $500, license suspension, and community service. A person with a BAC of 0.08 or higher can be charged with a misdemeanor OVI and face up to six months in jail and a fine of up to $1,000.
However, there are instances when OVI can be classified as a felony in Ohio:
Felony OVI Charges in Ohio: When Does it Happen?
- Fatalities or Serious Bodily Harm: If a drunk driver causes the death or serious bodily harm to another person, they can face a felony OVI charge.
- Refusing to Submit to Chemical Test: If a person is suspected of OVI and refuses to submit to a chemical test, such as a breathalyzer or blood test, they can face a felony charge.
- Repeat Offenders: Prior convictions for OVI within the past 10 years can lead to felony OVI charges.
- Serious Injuries to Minors: If an individual causes serious bodily harm to a minor under 16 years old while committing OVI, they can face a felony charge.
- Prior Felonies: If an individual has a prior felony conviction and is charged with OVI, they can be charged with a felony offense.
Felony OVI Penalties in Ohio
If convicted of a felony OVI in Ohio, the penalties are harsher than those for a misdemeanor OVI:
- Prison Time: 2.5 years to 8 years of prison time
- Fine: Up to $15,000 in fines
- License Suspension: 5 years license suspension
- Property Loss: The vehicle can be seized and sold, and the proceeds can go towards paying fines and legal fees
Defenses to Felony OVI Charges in Ohio
As with any criminal charge, there are defenses available for those facing felony OVI charges in Ohio. Some common defenses include:
- Insufficient evidence: If the evidence gathered by law enforcement was insufficient or unreliable, an attorney may be able to get the charges reduced or dismissed.
- Illegal stops: If the vehicle stop was illegal or violates an individual’s Fourth Amendment rights, an attorney may be able to get the charges dismissed.
- Blood alcohol content (BAC) below legal limit: If the individual’s BAC was below 0.08 at the time of the stop, they may not have been operating under the influence.
Conclusion
In summary, while most OVI arrests in Ohio are considered misdemeanor charges, it is possible for an individual to face a felony charge in certain circumstances. Individuals facing felony OVI charges should seek legal advice immediately to understand their legal options and potential defenses.
