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Felony DUI in Ohio

Are you facing a felony DUI in Ohio? Felony OVI / DUI in Ohio is a very serious criminal offense. A felony OVI / DUI conviction in Ohio will completely change your life as you know it. A felony OVI / DUI conviction entails unforgiving, life-altering repercussions as many of your freedoms and privileges will be gone forever. It is common for previous OVI offenders to make the same mistake again. If you accumulate enough OVI / DUI convictions, you will be charged with a felony OVI / DUI which will result in much more severe penalties and consequences then you have ever faced before. Six years is considered the look back period for OVI / DUI offenses in Ohio, which means that each offense is compared to the number or previous OVI / DUI convictions in the last six years.

The penalties and consequences following a felony OVI / DUI conviction will have a very negative impact on the rest of your life. You will face extensive prison time, expensive fines, alcohol treatment, the charge permanently being on your criminal record, forfeiting your vehicle, difficulty keeping your job as well as financially, and potentially having a damaged reputation as the result of being a repeat OVI offender.

Felony OVI is defined under the Ohio Revised Code (ORC 4511.19) as anyone who has been convicted of three, four or additional OVI offenses within the previous six years, or five OVI convictions within the previous 20 years of the OVI charge, or another felony on their record.

An OVI charge in Ohio is also known as operating a vehicle under the influence of drugs or alcohol. An OVI offense can be defined according to the Ohio Revised Code (ORC 4511.19) as anyone who operates a motor vehicle while they are under the influence of alcohol, drugs, or a combination of alcohol and drugs and their blood alcohol concentration (BAC) is over the legal limit of .08 %.

If you are facing a felony OVI / DUI charge in Ohio, it is critical that you consult with an attorney as soon as possible. Regardless of what happened in your case, it is understandable that you are probably scared and overwhelmed. You do not have go through this experience alone. The Cincinnati Criminal Defense Attorneys are here to provide their expertise, understanding and legal counsel to help you deal with charges that you are currently facing. The sooner you consult with a Cincinnati Criminal Defense Attorney, the better, as they will work diligently to achieve the most favorable outcome for your case. This could mean the difference between serving less jail time to a complete dismissal of charges altogether.

Felony DUI Penalties

Ohio felony OVI / DUI penalty breakdown

  • 4th or 5th OVI with a low/high BAC test– 4th degree felony
  • 2nd lifetime felony and low/high BAC test – 3rd degree felony

A felony DUI conviction in Ohio carries very serious and harsh penalties. As with previous convictions, you probably have learned that the Ohio court system is not lenient or forgiving of alcohol related offenses. If you are facing felony OVI / DUI charges in Ohio, the resulting penalties that you will face are undoubtedly dependent on the facts and circumstances of your particular case, such as how many previous convictions you have had in the past 6 years.

If you are facing your fourth or fifth OVI in 6 years, your sixth OVI in 20 years with either a low BAC test, chemical test refusal, or drug involved, then you will be charged with fourth degree felony. This charge entails serving a mandatory minimum jail sentence of 60 days and up to a maximum of one year, or alternatively 60 days in prison with the option of an additional 6 to 30 months. You will be responsible for paying a minimum of $1,350 and up to a maximum of $10,500 in fines, completing a mandatory alcohol or drug addiction program, a driver license suspension for three years to life, limited driving privileges after three years, restricted yellow license plates, installation of an ignition interlock device, and vehicle forfeiture if it is titled to you.

If you are facing your fourth or fifth OVI in 6 years, your sixth OVI in 20 years with either a high BAC test or chemical test refusal, or drug involved, then you will be charged with fourth degree felony. This charge entails serving a mandatory minimum jail sentence of 120 days and up to a maximum of one year, or alternatively 120 days in prison with the option of an additional 6 to 30 months. You will be responsible for paying a minimum of $1,350 and up to a maximum of $10,500 in fines, completing a mandatory alcohol or drug addiction program, a driver license suspension for three years to life, limited driving privileges after three years, restricted yellow license plates, installation of an ignition interlock device, and vehicle forfeiture if it is titled to you.

If you are facing a second felony in your lifetime for an OVI with a low BAC test or drug involved, then you will be charged with a third degree felony. This charge entails serving a minimum of 60 days in prison and up to a maximum of five years. You will also be responsible for paying a minimum of $1,350 and up to a maximum of $10,500 in fines, completing a mandatory alcohol or drug addiction program, a driver license suspension for three years to life, limited driving privileges after three years, restricted yellow license plates, installation of an ignition interlock device, and vehicle forfeiture if it is titled to you.

If you are facing a second felony in your lifetime and either a high BAC test or chemical test refusal, then you will be charged with a third degree felony. This charges entails serving a minimum of 120 days in prison and up to a maximum of 5 years. You will also be responsible for paying a minimum of $1,350 and up to a maximum of $10,500 in fines, completing a mandatory alcohol or drug addiction program, a driver license suspension for three years to life, limited driving privileges after three years, restricted yellow license plates, installation of an ignition interlock device, and vehicle forfeiture if it is titled to you.

Other Consequences of a Felony DUI in Ohio

A felony OVI / DUI conviction is extremely serious. Your life will never be the same, as a conviction will negatively impact all other areas of your life. The consequences of a felony OVI / DUI can be extremely harsh and unforgiving. Your daily life will likely become difficult as the result of a conviction.

A felony OVI / DUI conviction will permanently be on your driving as well as criminal record. You may also face increased vehicle insurance rates or be unable to obtain insurance, difficulty keeping or finding a job, furthering your education, difficulty financially, maintaining professional licensures and keeping custody of your children. You may also face being known in your community as a repeat OVI offender or someone with an alcohol or substance abuse addiction.

Administrative License Suspension (ALS)

An administrative license suspension is a civil penalty although it is imposed at an OVI stop. If you are stopped for felony OVI / DUI and refuse to participate in a chemical test of blood, breath, or urine requested by law enforcement OR you tested over Ohio’s legal limit , then the officer is permitted to take your driver’s license on the spot and your driving privileges will immediately be suspended from that point forward. This is referred to as an administrative license suspension.

If this is your fourth time refusing a chemical test or you have previously been convicted for an OVI, the administrative license suspension will last for five years.

An administrative license suspension can be appealed in Ohio. It must be appealed at the first court appearance, which is held within 5 days of being arrested or being issued the citation. Issues that are brought up on an appeal include whether the arrest was reasonable, whether the officer requested that the individual take a chemical test, whether the individual was informed of the penalties for refusal or failing a chemical test, and whether the individual refused or failed the chemical test. It is also important to note that the court can still suspend your license if it determines that your driving is a risk or threat to public safety.

If you are facing an administrative license suspension, you can obtain limited driving privileges by filing a petition for up to 30 days after your initial appearance in court for the OVI charge. Limited driving privileges typically are for work, medical or educational reasons. If you are convicted for a felony OVI offense, limited driving privileges will not be available for at least 3 years.

Felony OVI / DUI offenses are common throughout the state of Ohio. If you are facing a felony OVI / DUI charge, it is critical that you immediately contact the Cincinnati Criminal Defense Attorneys. A felony OVI / DUI charge can be an overwhelming and anxiety inducing experience, and you do not have to go through it alone. Although every case is different, it is crucial that you obtain an experienced, knowledgeable and compassionate attorney as soon as possible who will fight vigorously for your legal rights and best interest. The sooner you speak with an attorney, the better your options will be regarding your sentence. The Cincinnati Criminal Defense team has successfully defended hundreds of individuals charged with felony OVI / DUI offenses. Their knowledge, experience and compassion for your case will help you receive the justice you deserve.

Facing a Felony DUI in Ohio? Contact Cincinnati DUI Lawyers with LHA.

If you have been pulled over for an OVI, whether it’s your first time or a subsequent time, you’re likely stressed, angry, and worried about your future. The best thing to do is to call the experienced Cincinnati DUI lawyers with Luftman, Heck & Associates. In Cincinnati, attorney Brad Groene can walk you through your legal options and begin building a defense to reduce the penalties you face. Get the justice you deserve. Don’t hesitate to contact us today at or email us at advice@cincinnaticriminalattorney.com. We are available 24/7.
Cincinnati DUI Lawyer Brad Groene | Luftman, Heck & Associates