FELONY DUI
As part of the national crackdown on drunk driving, prosecutors, legislators, and the courts are increasingly looking toward expansion of the driver's criminal and civil liability. The laws have drastically increased the punishment by simply interpreting the conduct as fitting a more serious type of crime. Under these circumstances the misdemeanor offense of driving under the influence alcohol becomes a felony punishable by incarceration in state prison. This trend is most obvious when we look at the growing use of murder statutes where drunk driving results in a death.
Drunk driving can have felony status in Ohio when there are multiple convictions within a specified period of time.
ORC Section 4511.19(G)1 (d) Except as otherwise provided in division (G)(1)(e) of this section, an offender who, within six years of the offense, previously has been convicted of or pleaded guilty to three or four violations of division (A) or (B) of this section or other equivalent offenses or an offender who, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature is guilty of a felony of the fourth degree. ...
(e) An offender who previously has been convicted of or pleaded guilty to a violation of division (A) of this section that was a felony, regardless of when the violation and the conviction or guilty plea occurred, is guilty of a felony of the third degree...
OVI or DUI may also be a felony when there is injury to others that is proximately related to the offense of OMVI.
2903.06 Aggravated vehicular homicide - vehicular homicide - vehicular manslaughter.
(A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or aircraft, shall cause the death of another or the unlawful termination of another's pregnancy in any of the following ways:
(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;...
(2)(a) Except as otherwise provided in this division, aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the second degree. Aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the first degree if any of the following apply:...
(iv) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
