How Many OVI’s is a Felony in Ohio?
In Ohio, Operating a Vehicle Under the Influence (OVI) is a serious offense that can have severe consequences on a person’s life. While a first-time OVI offense is typically considered a misdemeanor, subsequent convictions can lead to felony charges. But how many OVIs is a felony in Ohio?
Understanding OVI Laws in Ohio
In Ohio, OVI laws are governed by the Ohio Revised Code (ORC) Section 4511.19. The statute defines OVI as operating or being in physical control of a vehicle while under the influence of alcohol, a controlled substance, or a combination of both. The prosecution must prove that the offender’s ability to operate the vehicle was impaired by one of these substances.
Misdemeanor vs. Felony OVI
In Ohio, a first-time OVI offense is typically considered a first-degree misdemeanor, punishable by a maximum fine of $1,000 and/or a maximum imprisonment of 180 days. However, subsequent OVI convictions can be upgraded to felony charges. The number of OVIs needed to qualify for a felony charge varies depending on the specific circumstances.
Three-Prior-Offender Statute
Ohio has a "three-prior-offender" statute that categorizes OVI offenses based on the number of prior convictions. Under this statute, a person with three or more prior OVI convictions within a 20-year period will be charged with a fourth-degree felony. This applies to convictions for OVI, as well as equivalent offenses under federal law.
| Number of Prior OVI Convictions | Felony Classification |
|---|---|
| 0-2 | Misdemeanor |
| 3 or more | 4th-Degree Felony |
Prior-Offender Enhancements
In addition to the three-prior-offender statute, Ohio law provides for prior-offender enhancements that can upgrade an OVI charge to a felony. These enhancements apply to offenses committed within a certain timeframe, typically 10 years.
| Prior OVI Conviction within specified timeframe | Felony Classification |
|---|---|
| Within 10 years of the current offense | 3rd-Degree Felony |
| Within 20 years of the current offense | 4th-Degree Felony |
Other Factors That Can Lead to Felony Charges
While the number of prior OVI convictions is a significant factor in determining felony charges, other factors can also contribute to an OVI being classified as a felony. These may include:
- Bodily harm or serious physical harm: If the OVI offense results in bodily harm or serious physical harm to another person, the charge can be upgraded to a felony.
- Serious vehicle damage: If the OVI offense causes significant damage to a vehicle or other property, the charge can be upgraded to a felony.
- Refusal to submit to a chemical test: If the offender refuses to submit to a chemical test, such as a breathalyzer or blood test, the charge can be upgraded to a felony.
- Prior drug convictions: If the offender has prior drug convictions, they may be more likely to face felony charges for OVI.
Consequences of a Felony OVI Conviction
A felony OVI conviction can have severe consequences, including:
- Imprisonment: Felony OVI convictions can carry imprisonment sentences ranging from one to five years.
- Fines: Felony OVI convictions can result in fines ranging from $2,500 to $10,000.
- License suspension or revocation: A felony OVI conviction can lead to a lifetime suspension or revocation of driving privileges.
- Criminal record: A felony OVI conviction will remain on your criminal record, potentially affecting future employment, education, and other opportunities.
Conclusion
In Ohio, the number of OVI convictions can significantly impact the severity of the charge and the potential consequences. A first-time OVI offense is typically considered a misdemeanor, but subsequent convictions can lead to felony charges. Understanding the laws and regulations surrounding OVI in Ohio is crucial for avoiding legal consequences and protecting your driving privileges. If you are facing OVI charges, it is essential to seek the advice of an experienced attorney who can help navigate the legal process and mitigate the potential consequences.
