A DUI arrest can impact every aspect of a person’s life. In addition to having a suspended license, you can face a criminal record. It’s important to make sure that you have skilled legal counsel representing you if you have been accused of drunk driving in Ohio. A DUI conviction can be very costly. However, some DUI arrests can result in felony charges, which will have a much greater impact than a misdemeanor.
Contact Luftman, Heck & Associates to speak with a Cincinnati OVI lawyer. We have years of experience working with Ohio prosecutors to have criminal charges reduced or dropped. We know how important it is to protect your future from a serious criminal record. While every case is unique, this may involve reducing a charge for felony DUI to a misdemeanor. Do not delay. Call LHA at (513) 338-1890.
When Is a DUI Considered a Felony in Ohio?
Under Ohio Revised Code § 4511.19, DUI becomes a felony when certain aggravating circumstances exist. These include:
- Three or more DUI convictions in the past 10 years
- Five or more DUI convictions in the past 20 years
- One or more prior felony convictions of any kind
- Causing serious injury or death due to intoxicated driving
- Committing another crime at the time of the DUI
Penalties for a Felony DUI in Cincinnati
Felony DUI penalties are severe and vary based on your criminal history and the facts of your case. Standard felony OVI charges and penalties include:
- Fourth-Degree Felony DUI: Four prior DUIs; up to 18 months in prison; fines up to $5,000
- Third-Degree Felony DUI: Prior felony DUI or DUI with serious injury; up to 5 years in prison; fines up to $10,500
In addition, you may face driver’s license suspension, mandatory alcohol treatment, ignition interlock installation, and the loss of civil rights such as voting or firearm ownership.
How to Reduce a Felony DUI to a Misdemeanor in Ohio
Our criminal defense attorneys for DUI in Cincinnati work quickly after an arrest to explore opportunities to reduce or dismiss felony charges. Strategies we may use include:
- Challenging prior DUI convictions: If your prior convictions are outside the statutory lookback window or improperly counted, the felony enhancement may not apply.
- Suppression of evidence: If police violated your constitutional rights (e.g., unlawful traffic stop, improper testing), your attorney can file motions to suppress evidence.
- Errors in chemical tests: Blood, breath, or urine tests may have been mishandled or contaminated, leading to inadmissible results.
- Plea negotiations: If evidence is weak, your lawyer may negotiate a plea deal that reduces your felony to a misdemeanor DUI.
Why Reducing a Felony DUI Matters
Being convicted of a felony in Ohio has lifelong consequences. Even if you avoid a lengthy prison sentence, the stigma and restrictions of a felony record can include:
- Loss of employment or professional licenses
- Ineligibility for federal student aid
- Restricted housing options
- Loss of gun rights
- Severe difficulty reintegrating into society
By working with a knowledgeable Cincinnati felony DUI lawyer, you improve your chances of avoiding these outcomes and securing a more manageable sentence.
How a Skilled Lawyer Can Reduce Your DUI to a Misdemeanor
Our Cincinnati defense lawyers know that the details of each case are different. We investigate DUI arrests to have our clients’ charges lowered or completely dropped. The legal process moves quickly after a felony DUI arrest, so it’s important to call your lawyer as soon as possible. Your arraignment hearing is where you are first formally charged, and you have the right to have your lawyer present. Being involved in your case at this early stage will give our team the ability to understand the prosecutor’s case against you. Defenses that can reduce a felony DUI to a misdemeanor include:
- The police improperly handled your arrest: Law enforcement sometimes makes mistakes when conducting roadside sobriety tests, and often they fail to protect people’s rights against unlawful searches. Your lawyer can argue that your charges be dropped if this happened to you.
- Your previous DUIs were many years in the past: Repeat DUI offenses can result in a felony charge. However, your current arrest can be lowered to a misdemeanor if your previous DUI arrests were over six years ago.
- Chemical tests were improperly done : DUI convictions often rely on drug or alcohol test results after samples of blood, urine, or breath are collected. However, a tainted sample cannot be relied upon to secure a conviction after arrest.
FAQs About Reducing Felony DUI Charges in Cincinnati
Can I reduce a felony DUI to a misdemeanor in Ohio?
Yes. If your prior DUIs fall outside the legal lookback period or if your constitutional rights were violated, your attorney may negotiate for a reduction or dismissal.
What are the benefits of reducing a felony DUI to a misdemeanor?
Misdemeanors carry significantly lighter penalties, do not restrict civil rights as harshly, and are less damaging to employment, housing, and educational opportunities.
Is jail time mandatory for a felony DUI?
Felony DUIs typically involve mandatory minimum sentences, but skilled negotiation or plea agreements may help you avoid or reduce jail time.
How does a lawyer help reduce DUI charges?
An experienced DUI attorney will challenge the state’s evidence, review testing procedures, and negotiate with prosecutors for a reduced charge based on the circumstances of your case.
A Lawyer From Luftman, Heck & Associates Can Help You
Felony alcohol and drug crimes are taken very seriously by police and prosecutors throughout Ohio. Your arrest can result in a conviction in relatively little time. A felony DUI will impact every part of your life. In addition to incarceration and fines, you can lose your employment and driver’s license. Do not wait to call a knowledgeable defense lawyer. Our Cincinnati legal team knows how much is at stake for a person who faces a felony conviction. We understand how the prosecutor will proceed with the evidence in your case. Our years of experience can help you through every part of the legal process necessary to reduce a felony DUI to misdemeanor, or to have your charges dropped completely.
Contact Luftman, Heck & Associates to speak with an Ohio defense attorney after you have been arrested for felony DUI. Call us today at (513) 338-1890.
