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Is an ovi a misdemeanor in Ohio?

Is an OVI a Misdemeanor in Ohio?

Overview

In Ohio, Operating a Vehicle Under the Influence (OVI) is a serious offense that can have severe consequences, including fines, imprisonment, and license suspension. While many people may assume that an OVI is always a felony, the answer is not always straightforward. In this article, we will explore the complexities of OVI laws in Ohio and answer the question: Is an OVI a misdemeanor in Ohio?

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What is an OVI in Ohio?

In Ohio, an OVI is defined as operating a vehicle while impaired by alcohol or drugs. The law considers a person impaired if their blood alcohol concentration (BAC) is 0.08% or higher, or if they are under the influence of a controlled substance or a combination of substances.

Is an OVI a Misdemeanor in Ohio?

The Answer: It Depends

In Ohio, an OVI can be either a misdemeanor or a felony, depending on the circumstances of the offense. Here are the key factors that determine whether an OVI is a misdemeanor or a felony:

  • BAC Level: If the BAC is 0.08% to 0.149%, the OVI is typically a misdemeanor.
  • Number of Prior Offenses: If the offender has two or more prior OVI convictions within the last 20 years, the OVI is typically a felony.
  • Aggravating Circumstances: If the OVI involved aggravating circumstances, such as a high BAC level, a minor in the vehicle, or a prior OVI conviction, the OVI may be upgraded to a felony.

Misdemeanor OVI

A misdemeanor OVI in Ohio is punishable by:

  • Up to 30 days in jail
  • A fine of up to $500
  • A license suspension of 6 months to 3 years

Felony OVI

A felony OVI in Ohio is punishable by:

  • Up to 3 years in prison
  • A fine of up to $10,000
  • A license suspension of 5 years to lifetime

Aggravating Circumstances

The following circumstances can upgrade an OVI to a felony:

  • High BAC Level: A BAC of 0.17% or higher
  • Minor in the Vehicle: If a minor (under 18 years old) is in the vehicle
  • Prior OVI Conviction: If the offender has a prior OVI conviction within the last 20 years
  • Serious Bodily Harm: If the OVI caused serious bodily harm to another person
  • Death: If the OVI caused the death of another person

Penalties for Aggravating Circumstances

If an OVI involves aggravating circumstances, the penalties can be more severe, including:

  • Increased jail time: Up to 8 years in prison
  • Increased fine: Up to $15,000
  • Increased license suspension: 5 years to lifetime

Conclusion

In Ohio, an OVI can be either a misdemeanor or a felony, depending on the circumstances of the offense. While a misdemeanor OVI is punishable by fines and short-term jail time, a felony OVI can result in imprisonment and license suspension for up to 5 years. It is essential to understand the laws and penalties surrounding OVI in Ohio to avoid severe consequences.

Table: OVI Penalties in Ohio

OVI LevelJail TimeFineLicense Suspension
MisdemeanorUp to 30 daysUp to $5006 months to 3 years
FelonyUp to 3 yearsUp to $10,0005 years to lifetime

Bullets: OVI Laws in Ohio

• An OVI is defined as operating a vehicle while impaired by alcohol or drugs.
• A misdemeanor OVI is punishable by fines and short-term jail time.
• A felony OVI is punishable by imprisonment and license suspension for up to 5 years.
• Aggravating circumstances can upgrade an OVI to a felony.
• The penalties for an OVI depend on the BAC level, number of prior offenses, and aggravating circumstances.

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