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?
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 Level | Jail Time | Fine | License Suspension |
---|---|---|---|
Misdemeanor | Up to 30 days | Up to $500 | 6 months to 3 years |
Felony | Up to 3 years | Up to $10,000 | 5 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.