Is an OVI a Felony?
Operating a vehicle under the influence (OVI) is a serious offense that can have significant consequences for individuals who are convicted. But is it a felony? The short answer is that it is not always a felony. However, there are specific circumstances under which an OVI can be charged and punished as a felony. In this article, we will explore the details surrounding OVI and felony charges.
What is OVI?
OVI, also known as driving under the influence (DUI) or driving while intoxicated (DWI), is a criminal offense that occurs when a person operates a motor vehicle while impaired by drugs or alcohol. In Ohio, the legal limit for blood alcohol concentration (BAC) is 0.08%, although motorists under the age of 21 can be charged with OVI if their BAC is 0.02% or higher. OVI is a general term that includes both OVI while intoxicated and OVI while impaired.
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How is an OVI Typically Charged?
OVIs are typically charged as misdemeanors, which carry less severe penalties than felony charges. Misdemeanor OVIs are usually classified as first-degree, fourth-degree, or fifth-degree misdemeanors, depending on the severity of the offense and the offender’s previous criminal history.
- First-degree misdemeanor OVI: This is the most serious type of misdemeanor OVI, typically carrying penalties of up to 6 months in jail and fines of up to $1,000.
- Fourth-degree misdemeanor OVI: This type of OVI typically carries penalties of up to 30 days in jail and fines of up to $250.
- Fifth-degree misdemeanor OVI: This is the least serious type of misdemeanor OVI, usually carrying penalties of up to 3 days in jail and fines of up to $150.
When is an OVI Charged as a Felony?
While OVIs are usually charged as misdemeanors, there are certain circumstances in which an OVI can be charged and punished as a felony. These situations typically involve a high BAC level, multiple priors, or other factors that increase the severity of the offense. Below are some specific scenarios under which an OVI can be charged as a felony:
- High BAC level: If a motorist has a BAC of 0.17% or higher, it can be considered an enhanced OVI, which can be charged as a fifth-degree felony, carrying penalties of up to 12 months in prison and fines of up to $2,500.
- Multiple priors: If a motorist has been convicted of at least three OVIs or other alcohol-related offenses, they can be charged with a fourth-degree felony, carrying penalties of up to 18 months in prison and fines of up to $5,000.
- Bodily harm or fatalities: If a motorist causes bodily harm or fatal injuries to another person while operating a vehicle under the influence, they can be charged with aggravated OVI, a third-degree felony carrying penalties of up to 5 years in prison and fines of up to $10,000.
Consequences of a Felony OVI Charge
If a motorist is charged with a felony OVI, the consequences can be severe and lifelong. Below are some potential consequences of a felony OVI charge:
- Jail or prison time: Felony OVI convictions can carry significant jail or prison sentences, which can range from 6 months to 5 years.
- Fines: Felony OVI convictions can carry significant fines, which can range from $2,500 to $10,000.
- Lost driving privileges: Felony OVI convictions can result in the loss of driving privileges for a period of time, potentially for multiple years.
- Reputation damage: A felony OVI conviction can permanently damage a person’s reputation and affect their ability to secure employment or housing.
Conclusion
In summary, while OVIs are typically charged as misdemeanors, there are specific circumstances under which an OVI can be charged and punished as a felony. A felony OVI charge is a serious offense that carries significant consequences, including the potential for lengthy jail or prison sentences, significant fines, and the loss of driving privileges. It is crucial for motorists to understand the laws surrounding OVI and to take necessary precautions to avoid operating a vehicle under the influence.
Table: OVI Charges and Consequences
| OVI Charge | Consequences |
|---|---|
| Misdemeanor | Up to 6 months in jail, fines of up to $1,000 |
| Enhanced Misdemeanor | Up to 1 year in jail, fines of up to $2,000 |
| Fifth-degree Felony | Up to 12 months in prison, fines of up to $2,500 |
| Fourth-degree Felony | Up to 18 months in prison, fines of up to $5,000 |
| Third-degree Felony | Up to 5 years in prison, fines of up to $10,000 |
Bullet Points:
- If a motorist has a BAC of 0.17% or higher, it can be considered an enhanced OVI and charged as a fifth-degree felony.
- If a motorist has been convicted of at least three OVIs or other alcohol-related offenses, they can be charged with a fourth-degree felony.
- If a motorist causes bodily harm or fatal injuries to another person while operating a vehicle under the influence, they can be charged with aggravated OVI and face a maximum sentence of 5 years in prison.
