DUIs in Ohio are typically charged as misdemeanor crimes. However, when repeated DUIs within a short period of time or injuries occur, the charge suddenly becomes a Felony DUI. This article will outline the Felony DUI charges and their effects on your life.
DUI Offenses in Ohio Can Lead to a Felony Charge
A third DUI offense within a 6 year period or after five or more DUI offenses within 20 years will trigger felony DUI charges. A felony DUI charge is a 4th Degree Felony, and has a jail sentence of 60 days to 18 months, in addition to a minimum $800 through maximum $10,000 fine. The court will impose a mandatory alcohol treatment program as well.
For the Sixth DUI offense in 20 years, you will receive a similar fine and alcohol treatment program, but you will be required to serve a 1-5 year prison sentence, depending on the circumstances of the DUI and the decision of the court. You will also be required to serve the initial 60 day-18 month DUI sentence that a trial court will impose for the DUI itself.
If you have a previous DUI felony charge, and receive a second DUI felony conviction, you will be charged with a 3rd degree felony. The court has the discretion to impose a 60 day minimum sentence, or a maximum 5 year prison sentence, based on the circumstances of the case or decision of the court.
Arrest and Court Procedures
At the time of your arrest, you may be placed in jail until bail is posted or you appear before the judge. If it is a simple DUI misdemeanor arrest, you will usually be booked and be free to leave, assuming you have someone who can drive you home. In the case of a felony DUI, you may be allowed to be released pending your hearing, or you will be taken into custody. At this preliminary hearing, called an arraignment, you will enter a guilty or not guilty plea. From there, you will go to a pretrial conference to negotiate a possible early resolution of the case, or go on to trial. Early resolutions are encouraged so as to get the case off the calendar and reach a solution that will please the prosecution and the defendant. Once at trial, you will present evidence in your favor, and the prosecution will present its evidence as well. If you are convicted, you will receive your sentence at the end of trial.
Effect on Records and Employment
Because it is a felony conviction, the DUI will stay on both your Ohio criminal record and on your Ohio driving record forever. As well, having a DUI on your criminal record can also affect the ability to expunge any other criminal matters on your record. Because of this drastic effect, you will have to disclose to any potential employer your criminal history of being convicted of a felony. You should avoid having a DUI placed on your record by hiring an experienced criminal defense lawyer attempt to negotiate or plea down any charge, or present the best defense possible to defeat the case.
DMV/DUI Implications for Felony DUIs
For all Felony DUI charges, you will face a minimum 3 year license suspension, which can be extended up to a Lifetime License Suspension if the court believes it is needed. After a three year suspension, an ignition interlock device will be placed on your vehicle, and you will be required to have yellow license plates signifying your status as a previous charged DUI offender. There is also a mandatory forfeiture of the vehicle you used in the DUI if it is registered to you.
If you refuse to submit to chemical testing or sobriety testing, the first refusal will result in an additional 1 year license suspension added to whatever is the result of the DUI charge. A second refusal in 6 years will result in an additional 2 year license suspension, and a third refusal in 6 years will result in an additional 3 year license suspension. Finally, upon a fourth and every subsequent refusal within 6 years, an additional 5 year license suspension will be imposed.
Felony DUI Defense Options
At your hearing, you can plead guilty, not guilty, or no contest (essentially a guilty plea that you do not admit to). If you plea not guilty, some of the likely defense options will include: pleading to a lesser charge, challenging the results of the sobriety tests based on defect or error, medication effect that results in a false positive, and many others. These defense options are best explained and argued by experienced DUI lawyers.
Always Talk to a DUI Lawyer
If you are charged with a felony DUI, the most important thing to do is to retain an experienced DUI lawyer to handle your matter and ensure that your rights are protected. Without a lawyer to help, you may plea to an agreement that is not in your favor, and jeopardize your chances of getting a lesser sentence and expunge your record at a later date. Having an experienced DUI lawyer may help you beat your DUI charge if the facts and circumstances support a defense possibility.
