DUI—as it used to be called—laws are on a path of constant change in Ohio. Now days, they are called OVI. OVI simply means—Operating a Vehicle under the Influence of drugs or alcohol. However, there is a more severe form of OVI called a Felony OVI. The Ohio Revised Code §4511.19(A) & (G) (Felony OVI) tells us what the penalties are if someone is convicted of more than one OVI, has past felonies with a current OVI charge, or a combination of the two in a specific amount of time.
Felony OVI is categorized by the number of felonies or OVIs someone has had in the past, and by the type of offense the OVI happened to be. The types of OVI offenses are categorized by high/low blood test levels (BAC tests) and allowing/refusing to take sobriety tests. Below are the types of Felony OVI and some of their more serious penalties.
Categories:
1st felony in your lifetime with mandatory additional prison term
- 4th degree felony
- 60 days to 5 years in prison
- $1,375-$10,500 fines
2nd felony in your lifetime with mandatory additional prison term
- 3rd degree felony
- 120 days to 5 years in prison
- $1,375-$10,500 fines
2nd felony in your lifetime, and either: high blood test or sobriety test refusal
- 3rd degree felony
- 120 days to 5 years in prison
- $1,375-$10,500 fines
2nd felony in your lifetime (OVI (alcohol or drug) had a low blood test)
- 3rd degree felony
- 60 days to 5 years in prison
- $1,375-$10,500 fines
4th or 5th OVI in 6 years, or 6th OVI in 20 years and high blood test or sobriety test refusal
- 4th degree felony
- 120 days to 1 year local incarceration, OR 60 days in prison (court has option to impose additional 6 to 30 months)
- $1,375-$10,500 fines
4th or 5th OVI in 6 years, or 6th OVI in 20 years and OVI (alcohol or drug) had a low blood test
- 4th degree felony
- 60 days to 1 year local incarceration, OR 60 days in prison (court has option to impose additional 6 to 30 months)
- $1,375-$10,500 fines
Other Required Penalties
Some of the other penalties for all of the above Felony OVIs include:
- License suspension of 3 years to life,
- Eligibility for driving privileges after 3 years license suspension,
- Required Restricted License Plates (yellow plates),
- Interlock car feature required if alcohol related OVI, if drug-related OVI then optional for the court and,
- Forfeiture of Vehicle (if in Defendant's name)
Mandatory Alcohol/Drug Addiction Program
It is important to mention that with each of the above-mentioned Felony OVI convictions comes a mandatory alcohol/drug program that the person would be required to attend. This program normally lasts for 3 days.
How The Meranda Law Firm, LTD can help
This is a lot to take in, and being charged with a Felony OVI is a scary process. However, the good news is there are dedicated professionals who can offer you the best legal service for your defense. The Meranda Law Firm, LTD is an experienced, motivated, and success driven criminal defense firm that can handle all of your Felony OVI needs.
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