A felony OVI charge means Ohio’s prosecutors believe you’ve crossed a line that calls for harsh punishment. Maybe this isn’t your first offense, or you’re accused of causing injury or death while under the influence. Whatever the reason, the felony court process is longer, and you need a solid defense immediately.
Ohio law makes it illegal to operate a vehicle while impaired by alcohol or drugs, and certain prior convictions automatically turn a new OVI into a felony. Even before your case reaches trial, you could face an administrative license suspension, vehicle forfeiture, and mandatory alcohol monitoring.
Probst Law Office, Inc builds strategic defenses for felony OVI cases in Columbus and throughout Central Ohio. A felony OVI charge is serious, and you should take no chances. The sooner you act, the more control you have over the next step. Call us now to start your felony OVI defense and preserve your defense options.
OVIs become a felony when you’ve had enough prior convictions or aggravating factors to justify harsher punishment. The law focuses on repeat offenses and certain prior records that show a pattern of impaired driving. Generally, an OVI is a felony in these situations:
These prior convictions don’t have to be recent to count. The prosecutor only needs to prove they exist and were valid. Once they show proof, your current OVI automatically becomes a felony.
Felony OVI charges are filed in the Common Pleas Court, not Municipal Court. That means you’ll face a grand jury and a potential indictment. Felony court also has longer timelines, stricter rules, and prosecutors who often push for mandatory prison terms.
Even if you’re not sure how your prior record affects your case, your lawyer must review your driving and court history. Probst Law Office, Inc can look for errors or outdated convictions to challenge the felony classification before your case moves forward.
Felony OVI sentencing leaves little room for leniency without a strong defense. The penalties have two main levels.
Fourth-degree felony OVI:
Third-degree felony OVI:
OVI convictions can’t be expunged or sealed. The conviction remains on your criminal and driving record permanently. The good news is that a strong legal defense can potentially reduce the charge, influence sentencing, or expose weaknesses that could lead to dismissal. Probst Law Office, Inc builds each case around those goals.
Certain facts in your case can raise penalties, limit plea options, or add new charges. These aggravating factors make the court treat the case more severely and often reduce your eligibility for community control or limited driving privileges. For example:
Each of these circumstances changes how our case is charged and prosecuted. However, the aggravating factors may not apply. Probst Law Office, Inc challenges improper enhancements and pushes to keep the case within the lowest possible penalty range.
A felony OVI case isn’t just about what happened when you were arrested. It’s about how the evidence was collected, whether the police followed the law, and whether the prosecution can prove every element of the charge beyond a reasonable doubt. Probst Law Office, Inc builds felony OVI defenses based on these factors:
Each piece of evidence carries weight, which means small errors can make a major difference. Probst Law Office, Inc prepares as if we’re going to trial, which puts pressure on the prosecution and helps protect your rights at every stage of the case.
Felony OVI cases often don’t leave much room for negotiation—unless the defense is ready to take the case to trial. That difference can influence what kind of offers the prosecution makes.
Trial experience matters because felony OVI cases usually rely heavily on technical and scientific evidence. A lawyer with trial experience knows how to challenge that evidence in front of a jury. When prosecutors realize your defense is fully developed and ready for court, they tend to reconsider weak charges.
Probst Law Office, Inc may consult expert witnesses to help identify flaws in the case, or file motions that narrow the case before it ever reaches a jury. Ultimately, our firm has the experience, resources, and persistence to stand up for you and fight for the best possible outcome.
Every felony OVI case in Ohio moves fast. The court process starts within days. Dashcam footage, breath test records, and other evidence are easiest to secure early, before they’re lost or overwritten.
Getting legal help quickly can make the difference between a felony conviction and a more favorable outcome. Probst Law Office, Inc represents clients in felony OVI cases throughout Columbus and Central Ohio. Contact us today to discuss your felony OVI case and start protecting your rights.
In Ohio, the legal term is OVI (Operating a Vehicle Impaired). While most people search for a “Columbus DUI lawyer,” the charges you see on your paperwork will likely say OVI. The terms are used interchangeably by the public, but our legal team ensures your defense is tailored to the specific OVI statutes under the Ohio Revised Code.
In specific circumstances, the law in Ohio allows for chemical tests to be taken of your breath, blood and urine. The law in Ohio establishes statutory threshold levels for both alcohol and drugs in chemical tests of breath, blood and urine. If a chemical test demonstrates that the threshold level is reached or exceeded, an individual is considered to be per se under the influence of drugs or alcohol. This means that the individual is considered to be inherently or intrinsically under the influence. A breath test, which is determined by a State approved breathalyzer machine, is the most common chemical test performed by law enforcement officers. The threshold level for a breath test in Ohio is .08 percent.
In Ohio, there are several ways in which you can be charged with OVI or DUI charges relating to alcohol. One way is to be charged with what is commonly referred to as “OVI impaired.” You can be charged with an OVI for being impaired, without any chemical test, if the officer has reason to believe you are under the influence (blurry eyes, slurred speech, bad driving, stumbling, etc.).
First and foremost, I do not condone drinking and driving under any circumstances. In fact, I advise all of my clients never to drink and drive. If you are in a public place and think you might be intoxicated, the safest choice you can make is to take a taxi or call a friend to pick you up.
However, I understand the reality is that decent, hardworking people sometimes make an ill-advised decision to drive after drinking alcohol. The best advice I can provide you if you are pulled over is to always be polite to a police officer on the scene. Police officers have a very difficult job to do on a daily basis, and they deserve our respect. Although I cannot advise you specifically on what to do in this situation, you should know your legal rights. If you have been pulled over and a police officer suspects you have been drinking, you may be asked to get out of your car and perform certain field sobriety tests. There is no law in Ohio that requires you to submit to a police officer’s request to perform field sobriety tests. If you refuse to submit to a police officer’s request to perform field sobriety tests, you will likely be arrested and charged with an OVI or DUI charge. After you are arrested, you will likely be asked to submit to a chemical test of your blood, breath or urine. If you refuse to submit to a chemical test, you will be arrested and charged with OVI.
It is important to understand that, although there are repercussions for failing to submit to field sobriety tests, and for failing to submit to a chemical test of your blood, breath or urine at the request of a police officer, by submitting to these tests, you run the risk of providing evidence to the State of Ohio that will be used against you to prove that you were operating a vehicle under the influence of alcohol and/or drugs.
No. In Ohio, you can be convicted of OVI if you are in “physical control” of a vehicle while impaired. This can include sitting in the driver’s seat with the keys in your possession, even if the engine is off.
An “impaired” OVI is based on the officer’s observations of your behavior and driving. A “per se” OVI is based strictly on your chemical test results meeting or exceeding the legal limit, regardless of how you were acting.
Not necessarily. Miranda rights only apply once you are in custody and being questioned. If they weren’t read, any statements you made during that time may be suppressed, but it doesn’t automatically dismiss the entire case.
Ohio typically uses a 10-year look-back period. If you have a prior OVI conviction within the last 10 years, any new charge will carry significantly harsher mandatory minimum penalties.
An OVI is usually a misdemeanor, but it becomes a felony if you have four or more OVI convictions in 10 years, six or more in 20 years, or if the accident resulted in serious injury or death.
In many cases, yes. Depending on the nature of your offense and whether you refused a chemical test, you may be eligible to petition the court for limited privileges to drive to work, school, or medical appointments.
