suhrelaw | September 30, 2017 | OVI Defense
An OVI becomes a felony when you have a 4th or 5th offense in 10 years. You can also be charged with a felony OVI if you have a 6th OVI in 20 years. If you have had a prior felony OVI in your life each new OVI counts as a felony. The law in Ohio changed the lookback period from 6 years to 10 years in April of 2017.
How are Felony OVI Dates Calculated?
The dates are calculated from the dates of sentencing on the old offense to the date of new arrest. A felony OVI has all the basic defenses available to a person accused of a misdemeanor OVI. Unique to a felony OVI is that the state will have to prove the prior convictions as an element of the offense.
What will happen in court for a Felony OVI?
Your case will be presented to the grand jury. They will make a decision to indict the felony or not. If indicted, the case will be set for arraignment. Bond will be set by the court. Bond can be cash or professional. It can also have conditions like random screen for drugs and alcohol. The judge can also order no driving, house arrest, house arrest with work release, and alcohol monitors in the home or worn on the ankle. The next court date will be a scheduling conference where the prosecutor, defense lawyer, and judge talk about the case and the possibility of resolutions. From this point a person will take the deal or set the case for a hearing on motions or a trial.
What are the penalties for a Felony OVI in Dayton, Ohio?
A felony OVI in Ohio carries 60 days in local jail up to 1 year with an additional 6-30 months in prison. The judge cannot put a person on probation without a presentence investigation. This is done by court personnel. They talk to the people involved and make a recommendation to the judge about whether the person will be a good candidate for community control, which is the new word for probation.The court also must suspend your license from 2 years to life. Privileges to drive can be granted after 3 years. Privilege require OVI plates on the car and a device to test for alcohol before the car can be started. If a person was driving a car registered to them it is subject to forfeiture.
What are the defenses to a Felony OVI in Ohio?
Essentially the same as a first offense. We can challenge to validity of the stop, detention and arrest. We can look at admissions without Miranda Warnings. We can try to discredit the way the officer administered the standardized field sobriety tests. We can look at the collection, preservation, and testing of blood, breath, and urine. The best way to get chemical tests thrown out is if the state cannot prove they were obtained within 3 hours of operation of the vehicle.