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Although most operating a vehicle while under the influence of alcohol or drug offenses are misdemeanors, there are a few types that can result in a felony OVI. For example, if a person has numerous felony OVI offenses or receives several OVI convictions within several years, they can be charged with a felony OVI.
The punishments for felony OVIs, also known as driving under the influence, DUI, driving while intoxicated and DWI, can be very severe. For example, an individual convicted of a felony OVI in Ohio can receive mandatory prison terms, hefty fines, criminal forfeiture of the vehicle involved in the offense and mandatory license suspensions, including permanent driver’s license revocation.
If you have been charged with a felony operating a vehicle under the influence of alcohol or drugs in Columbus, Ohio contact the Joslyn Law Firm. Brian Joslyn of the Joslyn Law Firm is an experienced criminal defense lawyer who will fight the charges against you and make every effort to find the best possible outcome for your situation. Call the Joslyn Law Firm at (614) 444-1900 for a free consultation today.
Under the Ohio Revised Code § 4511.19, a felony OVI can occur if someone has been convicted of three or four previous OVI violations within six years of the current OVI charge, or the alleged offender has received five OVI convictions within 20 years of the current OVI charge. These offenses are felonies of the fourth degree.
If an individual is a felony OVI repeat offender, meaning they have been convicted of or plead guilty to a previous felony OVI, no matter when the previous violation occurred, they can be charged with a felony of the third degree.
Similar felony traffic offenses that can occur when a person drives under the influence of alcohol or drugs and causes the death of another person include the following:
Aggravated Vehicular Assault, under § 2903.08 of the Ohio Revised Code, occurs when a person operates a vehicle while under the influence of drugs or alcohol with a blood alcohol concentration (BAC) over the legal limit, and causes serious physical harm to another person or unborn baby, and can be a felony of the second or third degree.
Aggravated Vehicular Homicide, under § 2903.06 of the Ohio Revised Code, is either a felony of the first or second degree and occurs when a person operates a vehicle while under the influence of drugs or alcohol with a blood alcohol concentration (BAC) over the legal limit, and causes the death or unlawful termination of another’s pregnancy.
Depending on the facts associated with an aggravated vehicular assault or homicide, an individual who is convicted may face mandatory prison sentences and fines. Those convicted of aggravated vehicular assault could receive a driver’s license suspension from two to 10 years. Individuals’ convicted of and aggravated vehicular homicide could receive a permanent suspension of driving privileges.
A felony OVI offender can face a mandatory prison sentence of one to five years in addition to a fine not less than $1,350 and not more than $10,500.
Additionally, a felony OVI offender is subject to a class two license suspension of their driver’s license, probationary license, commercial driver’s license or temporary instruction permit. This means the license is will be subject to at least a three year suspension, but may be revoked for life.
Felony OVI offenders are also subject to criminal forfeiture of the vehicle involved in the offense, if the vehicle is registered in the offender’s name. Other penalties may include court ordered participation in alcohol or drug addiction programs, possible house arrest with electronic monitoring device.
If you have been charged with a felony OVI in Columbus, Ohio contact the Joslyn Law Firm to discuss the facts of your particular situation. Brian Joslyn will make every effort to fight the allegations against you and have your charges reduced or even dismissed.
Contact the Joslyn Law Firm at (614) 444-1900 for a consultation about your felony OVI offense in Franklin County, and the surrounding counties of Pickaway County, Madison County, Delaware County, Licking County and Fairfield County in Ohio.