The main difference between a misdemeanor OVI and a felony OVI in Ohio is the seriousness of the offense and the penalties that can follow. Most first- and second-OVI offenses are misdemeanors, but certain repeat OVI offenses can be fourth-degree felonies, which carry the possibility of prison and much more serious consequences.
The classification matters because it can affect how much jail or prison time you face, your driver’s license consequences, and the long-term consequences of a conviction. If you’re facing an OVI charge, our Ohio OVI defense attorney at McNamee Defense can review your prior record, examine the traffic stop and chemical testing, and determine whether the charge and potential penalties are being applied correctly.
A standard OVI is generally a first-degree misdemeanor when the person doesn’t have prior convictions that elevate the offense to a more serious level. Ohio’s penalties become more severe with qualifying prior OVI or equivalent convictions.
For instance, a standard first OVI can carry a mandatory three consecutive days in jail, although the statute provides alternatives and additional requirements in certain circumstances. A second qualifying offense within 10 years remains a first-degree misdemeanor but carries a longer mandatory jail term.
An OVI can become a fourth-degree felony when the person has certain prior convictions. Under R.C. § 4511.19(G)(1)(d), an OVI is a fourth-degree felony when the person has:
The exact sentencing consequences depend on which circumstance applies. Some felony OVI cases involve a mandatory 60-day local incarceration term, while others can involve mandatory prison terms and additional prison time.
A misdemeanor OVI can still carry serious consequences, including:
A felony OVI can add much more severe consequences, including:
For certain felony OVI cases involving five or more prior equivalent offenses within 20 years or a qualifying specification, R.C. § 2941.1413 provides a possible additional mandatory prison term of one to five years.
The number of prior offenses is crucial, but so is what counts as a prior offense. Ohio’s definition of an equivalent offense can include certain municipal OVI violations and substantially equivalent offenses from another state or under federal law. That means an older conviction from another jurisdiction may matter when determining whether a current Ohio OVI is a misdemeanor or felony. That’s why the dates and legal classification of those prior offenses should be reviewed carefully.
An OVI that appears to be a misdemeanor at first may carry felony consequences when qualifying prior convictions are in the record. Getting the classification right is an important first step in understanding the case. To learn more about your OVI charge, schedule your no-cost consultation by contacting McNamee Defense at 614-782-8889 or online. Our OVI defense attorney can explain what the charge means for your driving privileges and potential sentence.
Facing a sizeable bureaucratic justice system can leave you shaking in your shoes. We’re here to tell you it doesn’t have to. Call 614-782-8889 or email us to schedule your free initial consultation today. We take cases in Columbus and across Central Ohio.