The first three charges for operating a vehicle under the influence (OVI) usually qualify as misdemeanors of varying degrees. However, after a certain point, an OVI becomes a felony, and harsher penalties are implemented. To better understand this subject, here’s an overview of what constitutes a felony OVI in the state of Ohio.

A 4th or 5th Offense Within 10 Years

If you receive a fourth or fifth OVI within a 10-year time frame, the law considers the infraction a felony offense. The time is calculated starting from the sentencing date of the first arrest to the date of the newest arrest. While you can utilize the same or similar defenses when attempting to fight an OVI charge, the state will have the added benefit of showing a repeated pattern of drunk-driving behavior as evidenced by your previous arrests for the same offense.

A 6th Offense Within 20 Years & Prior OVI Felonies

A sixth OVI within a 20-year period will also qualify as a felony in Ohio. With each new felony comes the potential for a lengthier time behind bars, longer periods of restricted driving privileges, and higher fines and fees.

How an Attorney Can Help

An OVI or DUI attorney will use all of the resources at their disposal to get you the minimum penalties possible. This might involve challenging the reasons for the stop, calling into question the results of any field sobriety testing conducted, and reviewing the protocols and procedures law enforcement used to perform chemical testing. You may have legal options and defenses you aren't aware of. 

You deserve to have a quality OVI or DUI defense lawyer. James F. Bogen, Attorney at Law, can provide you with the highest level of legal representation. For over a decade, he has been serving clients charged with felonies and misdemeanors throughout Hamilton, Clermont, Butler, and Warren counties in Ohio. Call (513) 503-7251 to schedule an initial consultation, or visit him online to learn more about his practice areas.