Is a second OVI offense in Ohio considered a felony or misdemeanor?

Per Ohio DUI laws, a second OVI (Operating a Vehicle under the Influence) is considered a misdemeanor offense. The penalties applicable to a second OVI offense include:

• Minimum incarceration period of ten (10) days for second OVI offense within six (6) years of first OVI offense, with potential incarceration up to no more than one (1) year. If BAC elevated (higher than .17 or more) penalties include mandatory incarceration of twenty (20) days. Additional penalties include fines and court fees ranging from no less than $350 dollars to no more than $1,500 dollars. Additional penalties include court mandated driver intervention programs, administrative license suspension for at least one (1) year, and other conditions or probation or release, such as home monitoring.

In order for a second OVI offense to be considered a felony, the offense must be committed alongside other elevating factors, such as OVI involving accident causing bodily injury or property damage or OVI causing bodily injury or death. For the OVI offense exclusively, the charge is only increased to a felony offense for drivers committing their fourth OVI offense within the past six (6) years or has committed six (6) or subsequent OVI offenses within the past twenty (20) years.

If you have been arrested and charged with an OVI offense in the state of Ohio, especially if the offense is a second or subsequent OVI offense, it is imperative you consult with legal counsel about the elements of your case today.