Types of OVI Felony in Ohio
Due to Ohio’s punitive stance on OVI crimes, it can be easy to think that all such crimes are felonies with serious consequences. However, this is not true. Although the penalties can still be severe, most OVI offenses are misdemeanors of varying degrees, especially if it is your first or second offense and no bodily harm or other significant harm was caused.
OVI felony convictions are reserved for repeat offenders and those offenders whose OVI violations caused other criminal damages. If your OVI is related to any of the following crimes, you are facing a misdemeanor charge, not a felony:
• First OVI
• Second OVI
• First OVI with high BAC
• Second OVI with high BAC
• OVI physical control
• Reckless driving
• Minors OVI or OVUAC
• OVI hit and run with minor damage
You can verify this information in Ohio Revised Code chapter 4511, although some felony charges are addressed in other sections. If you are unable to locate your particular crime or the circumstances of the case, you could be facing a felony. An experienced Columbus OVI attorney will be able to sort through the details of your case, explain her charges, and show you your defense options.
The most common scenario for a felony OVI charge in Ohio is when a repeat DUI offender is arrested for a subsequent OVI offense. If you are convicted of three or more DUIs within six years, it is a fourth degree felony. This charge comes with serious penalties, including:
• A fine of up to $5,000
• Up to 18 months in prison
• 30 days mandatory jail
• Three year administrative license suspension
• Yellow OVI plates
• Ignition interlock device
The other OVI felonies in Ohio involve mischief, grievous bodily injury, or the death of another party. The degree of these offenses largely depends on whether the defendant has a history, especially a history of OVI, and how severe the damages are. An advocate in these felony cases will likely also have to consider a civil case. The following are definitions of other felony DUI offenses in Ohio.
Hit and Run – Also known as hit and skip, an OVI violator can be charged with this offense if you fail to stop and provide your name, address, vehicle registration number, and/or the name and address of the vehicle owner if he or she is not an owner. This offense is a felony if the individual caused serious bodily injury or death before leaving the scene.
Aggravated Vehicular Assault – This offense is defined in ORC 2903.08 and occurs when an OVI offender causes serious bodily injury to another person or the unborn child.
Aggravated Vehicular Manslaughter – This offense is covered by ORC 2903.06 and occurs when a DUI offender causes the death of another person or the unlawful termination of another’s pregnancy.
The most punitive of these offenses is a first degree felony, carrying up to 10 years in prison, a $20,000 fine, and a lifetime driver’s license suspension. An OVI felony is something not to be trifled with; however, your OVI charge is likely a misdemeanor. If you are not sure, consult an Ohio criminal defense attorney.
