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When an Ohio OVI becomes a felony
Under current ORC 4511.19, OVI is generally a fourth-degree felony when the person has three or four prior equivalent offenses within ten years, five or more within twenty years, or a prior felony OVI under the applicable statutory provisions. A later OVI after any prior felony OVI is generally a third-degree felony.
Felony OVI sentencing includes mandatory local incarceration or prison depending on the charge and specifications. A repeat-OVI specification under ORC 2941.1413 alleges five or more equivalent offenses within twenty years and can require an additional mandatory prison term of one, two, three, four or five years.
Felony OVI cases are prosecuted in common pleas court. I handle felony cases in Cuyahoga County, Medina County and Lorain County and evaluate the prior record, stop, impairment and chemical-test evidence, specifications, vehicle consequences and sentencing exposure.
When an OVI can become a felony
Felony status may depend on the number and timing of prior equivalent offenses, a prior felony OVI or another statutory circumstance. I verify every alleged prior rather than relying on a summary.
Audit each prior conviction
The review includes the court, date, statute or ordinance, offense date, disposition, identity, counsel and whether the conviction qualifies as an equivalent offense for the charged enhancement.
Fourth-degree felony OVI
A qualifying repeat OVI may be charged as a fourth-degree felony with mandatory incarceration or prison, fines, suspension, treatment and vehicle consequences. High-tier or refusal allegations can affect mandatory minimums.
Third-degree felony after a prior felony OVI
A later OVI following a prior felony OVI is generally charged as a third-degree felony and carries mandatory prison and other severe sanctions under the applicable provisions.
Repeat-OVI specification
A specification alleging five or more equivalent offenses within twenty years can add a consecutive mandatory prison term. The specification and every predicate conviction require separate review.
Traffic stop and operation
I examine the legal basis for the stop, driver identity, operation or physical control, observations, video, statements and whether the evidence proves the charged theory.
Talk with the attorney who will handle your case
Experienced, personal help for Ohio Felony OVI Defense.
I have extensive experience handling traffic, OVI, misdemeanor and felony matters in the courts surrounding my Strongsville office. Call me to discuss your situation. If you retain Godinsky Law, I personally review the evidence, appear in court and guide you through the case.
Field sobriety testing
HGN, Walk-and-Turn and One-Leg Stand should be reviewed against the instructions, administration, scoring, video and physical or environmental limitations.
Breath, blood and urine evidence
Testing issues may involve timing, approved methods, instrument or laboratory records, qualifications, collection, preservatives, transport, chain of custody, quality controls and expert interpretation.
Refusal and Administrative License Suspension
I review implied-consent warnings, BMV Form 2255, service, prior history, ALS appeal issues, warrants and the relationship between the administrative suspension and criminal counts.
Specifications and consecutive terms
The indictment may include a repeat-OVI or other specification, and some terms must be served consecutively. Exposure must be calculated from the exact counts, specifications, dates and prior record.
Common pleas court preparation
Felony OVI proceeds through indictment, arraignment, bond, discovery, pretrials, motions, negotiations and trial preparation before the assigned common pleas judge.
Direct representation by Chris Godinsky
If retained, I personally review the indictment and evidence, communicate with you and appear in court. Call (440) 826-3400 for a free phone consultation.