Ohio Felony DUI penalties are severe and require a great deal of time, effort as well as expenses.
Current Ohio law states that “it is unlawful for any person to operate or attempt to drive a motorized vehicle in the state of Ohio while under the influence of alcohol, drugs, intoxicants or any combination thereof with a blood alcohol concentration level of .08% or greater.”
Due to the seriousness of felony convictions, individuals charged with felony OVI/DUI in Ohio face significantly more severe consequences if convicted of the felony drunk driving offense. The consequences also vary based on whether a person charged with an OVI/DUI in Ohio had high test results or refused to submit to testing.
However, it is possible that drivers with a BAC under .08% can also be arrested if they show signs of impairment detrimental to their ability to operate a vehicle. In these instances, a field sobriety test would determine whether the driver is fit to operate their vehicle. Other methods that a police officer might use include chemical tests, viewing cruiser or police station videos, collecting witness statements or filling out alcohol influence forms.
The penalties for a DUI/OVI increase in severity with each conviction that occurs. For your first offense, license suspension ranges from one to seven years. If proven guilty, you must receive mandatory medical treatment, yellow license plates, ignition interlock device, 90 day immobilization and could be forced to pay up to $10,000 worth of fines. You may also be forced to forfeit your vehicle. If the car is registered in the defendant’s name, you might be required to relocate and immobilize your vehicle without any possibility of operation.
For your second offense, you must serve a minimum 120 days in prison and could potentially find yourself in a cell for up to 5 years. Your license suspension ranges from one to seven years and the judge determines what type of driving privileges, if any, that you are eligible to receive.
If you receive your fourth DUI in a span of 10 years or a sixth DUI in a span of 20 years, your DUI is classified as a felony offense.
The penalties that come from a felony DUI offense are:
- 60 days (minimum) - 30 months in jail
- License suspension from three years to lifetime
- No driving privileges for as long as judge determines
After you receive a felony for DUI, every additional offense is also considered a felony. These enhanced punishments are also considered look-back provisions. In the past, these decisions were challenged in Ohio District Court on the basis of due process but the state maintained firm in its provisions. The penalties imposed are not enhancements to the punishment of prior conduct. Rather, these serve as punishment for violations that occur after enactment of an enhancement provision. The only way a client can avoid these enhanced punishments is by proving their prior convictions as false. For each new offense that arrives, the defendant is able to challenge whether or not a prior conviction was conducted in accordance with the law.
Dealing with a felony DUI is not something you should take on by yourself. Our team of Columbus Felony DUI lawyers have the necessary experience and expertise to reach a resolution for your case. We will dissect the prosecution's evidence for weaknesses and put forth our best effort to maintain your innocence. If there are circumstances to negate intoxication and mitigate your sentence, we will make sure to pursue these routes to reach a resolution.
Contact the Tyack Law Firm at (614) 221-1342 for a consultation with our criminal defense lawyers about your OVI / DUI case in Columbus, Franklin County, and the surrounding counties of Pickaway County, Madison County, Delaware County, Licking County, Union County, and Fairfield County in Ohio.
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