Is an OVI a Felony in Ohio?
In the state of Ohio, Operating a Vehicle Under the Influence (OVI) is a serious offense that can have severe consequences. While many people may assume that an OVI is always a felony, the truth is that it depends on the specific circumstances of the case. In this article, we will explore the answer to the question: Is an OVI a felony in Ohio?
What is an OVI in Ohio?
Before we dive into the felony aspect, let’s define what an OVI is in Ohio. An OVI is a criminal offense that occurs when a person operates a vehicle while under the influence of alcohol, drugs, or a combination of both. The legal limit for blood alcohol content (BAC) in Ohio is 0.08%. If a person’s BAC is above this limit, they can be charged with an OVI.
Is an OVI a Felony in Ohio?
The short answer is: no, an OVI is not always a felony in Ohio. However, it can be upgraded to a felony in certain circumstances. Here are the scenarios where an OVI can be considered a felony:
- Felony OVI with a BAC of 0.17% or higher: If a person’s BAC is 0.17% or higher, they can be charged with a felony OVI. This is considered a Felony 4, which carries a maximum sentence of 30 months in prison.
- Felony OVI with a prior OVI conviction: If a person has a prior OVI conviction within the past 10 years, they can be charged with a felony OVI. This is considered a Felony 3, which carries a maximum sentence of 60 months in prison.
- Felony OVI with a child under 6 years old in the vehicle: If a person is charged with an OVI and has a child under 6 years old in the vehicle, they can be charged with a felony OVI. This is considered a Felony 3, which carries a maximum sentence of 60 months in prison.
- Felony OVI with a commercial vehicle: If a person is charged with an OVI while operating a commercial vehicle, they can be charged with a felony OVI. This is considered a Felony 3, which carries a maximum sentence of 60 months in prison.
Consequences of an OVI in Ohio
Even if an OVI is not a felony, it can still have severe consequences. Here are some of the potential consequences of an OVI in Ohio:
- Jail time: Up to 180 days in jail
- Fines: Up to $1,000
- License suspension: Up to 3 years
- Ignition interlock device: Required for up to 5 years
- Community service: Up to 100 hours
- Mandatory alcohol treatment: Up to 1 year
Defending an OVI Charge in Ohio
If you have been charged with an OVI in Ohio, it is essential to hire an experienced attorney who can help you defend your case. Here are some potential defenses that may be available:
- Challenge the evidence: If the evidence against you is weak or unreliable, your attorney may be able to challenge it and have the charges dismissed.
- Show that you were not impaired: If you were not impaired at the time of the arrest, your attorney may be able to show that you were not under the influence.
- Show that the arrest was unlawful: If the arrest was unlawful, your attorney may be able to have the charges dismissed.
Conclusion
In conclusion, an OVI is not always a felony in Ohio. However, it can be upgraded to a felony in certain circumstances. If you have been charged with an OVI, it is essential to hire an experienced attorney who can help you defend your case. Remember, even if an OVI is not a felony, it can still have severe consequences.
