Is DUI/OVI in Ohio a Felony?
Whether or not a DUI/OVI is a felony depends on several factors. As described in Ohio Revised Code Section 4511.19 Division G, the degree of the offense depends mainly on your previous OVI record. An OVI becomes a felony if you have:
- 3 or more OVIs in 10 years
- 5 or more OVIs in 20 years
- Any felony OVI from any period of time
We go into more detail about the differences between misdemeanor and felony OVIs in “OVI in Ohio: Misdemeanor or Felony?“
What Happens if I Refuse the Breath Test in Ohio
By having a driver’s license in Ohio, you are agreeing to submit to a breath test should the authorities offer you one. If you do refuse when the time comes, the result is a one-year suspension of your driver’s license. The fact that you refused would also likely impact your case in court. The fact that you have a breath test refusal on your record could also impact future cases, especially OVI cases. We have written a separate article dedicated to this question.
What Happens if I Get an OVI While Underage in Ohio?
There are different rules for driving under the influence for underage drivers in Ohio. First of all, the legal limit for a driver’s Blood Alcohol Content (BAC) is different for underage driver’s. The legal limit for an adult’s BAC is 0.08% Alcohol by Volume (ABV). For underage drivers (drivers under the age of 21), the legal limit is only 0.02% ABV. For underage drivers, an OVI is a misdemeanor of the fourth degree if they only get one in a year. It becomes a misdemeanor of the third degree if they have multiple OVIs in one year. But keep in mind that the first OVI for an underage driver can carry a license suspension up to two years. Therefore, an underage driver facing a second OVI charge in one year may be facing additional penalties for driving under suspension. We also have an article dedicated to this question, as well as an article about under age and Juvenile OVI.
Conclusion
We know there could be many other questions about DUI/OVI in Ohio. We have run into many such questions in over 3 decades of practicing criminal defense and traffic law. If you are facing DUI/OVI in Ohio, or if you have any other legal issues, feel free to contact us today!
