If you’ve been charged with an OVI (Operating a Vehicle under the Influence) for the fourth time within 10 years in Ohio, you’re not simply looking at another fine or license suspension. You could be facing felony charges, mandatory jail time, and long-term consequences that impact your freedom, career, and future.
At Hiltner Trial Lawyers, our team has defended individuals across the state against serious repeat OVI charges, including multiple DUI/OVI offenses. A fourth OVI charge is no longer considered a misdemeanor. It is classified as a felony and should be taken seriously.
Is a Fourth OVI a Felony in Ohio?
Yes, under Ohio law, a fourth OVI offense within 10 years is classified as a fourth-degree felony, which significantly raises the stakes in both the courtroom and the potential penalties. That means:
- The case will be heard in the common pleas court, not the municipal court
- The penalties are significantly more severe than for a first, second, or third offense
- You could face both mandatory minimums and enhanced penalties if certain factors are present (like high BAC, refusal, or prior felony OVIs)
Penalties for a Fourth OVI in 10 Years
Here’s what you may be facing if convicted of a fourth OVI offense in Ohio:
- Minimum 60 days in jail (can go up to 30 months in prison)
- Mandatory drug/alcohol treatment
- $1,350 to $10,500 in fines
- Driver’s license suspension for 3 years to life
- Vehicle forfeiture (if the vehicle was registered to you)
- Yellow OVI plates and ignition interlock device
- Mandatory probation after jail or prison time
- Possible designation as a habitual offender
Depending on the circumstances, the judge could impose a much longer sentence, especially if there are aggravating factors like a high blood alcohol level, a crash, minors in the car, or signs of public intoxication at the time of arrest.
Collateral Consequences Beyond Sentencing
The formal sentence is just one part of what you’re up against. A fourth OVI conviction can also bring long-term consequences that affect almost every part of your life:
- Employment: Many employers conduct background checks, and a felony OVI can be a deal-breaker, especially for jobs involving driving or public safety.
- Professional licenses: Nurses, teachers, CDL holders, and others may face disciplinary action or revocation.
- Housing and travel: Felony convictions can limit your options when applying for housing or traveling out of the country.
- Insurance: Expect your car insurance to skyrocket, if you’re able to get coverage at all.
These impacts don’t always go away after you’ve served your time. That’s why the defense strategy in these cases has to consider both the immediate charges and the broader ripple effects.
Can You Get a Fourth OVI Charge Dismissed or Reduced?
Getting a DUI or OVI charge dismissed is possible, depending on the specific details of your case. While dismissals and reductions are not common, they can happen in situations where:
- The initial stop was unlawful
- Chemical test results were inaccurate or mishandled
- The officer lacked probable cause
- Previous OVI convictions were mishandled or invalid
Every case is different. The sooner you talk to a defense lawyer, the more time you’ll have to explore any weaknesses in the state’s evidence or other alternatives to a felony conviction.
What About Breathalyzer Refusals?
Refusing a chemical test ( like a breath or blood test) after a fourth OVI stop in Ohio can lead to serious consequences, even before your case goes to court. Under Ohio’s Administrative License Suspension (ALS) laws, a refusal triggers an automatic license suspension of up to five years for repeat offenders.
This suspension is separate from any criminal penalties, meaning you could lose your license even if you’re never convicted. Refusal can also be used as evidence in court, making it harder to fight the charge.
Facing a Fourth OVI? Don’t Wait to Get Help.
A fourth OVI offense in 10 years is not just another traffic violation. It is a felony that can change your life. With prison time, license loss, and long-term consequences at stake, it is critical to understand your rights and have a clear defense strategy in place.
If you’re facing a felony OVI charge or worried about what comes next, contact Hiltner Trial Lawyers. We’re here to listen, help you understand your options, and build a defense that takes your future seriously.
FAQ
1. Is a fourth OVI offense in Ohio a felony?
Yes. A fourth OVI within 10 years is classified as a fourth-degree felony in Ohio. This means the case is handled in the common pleas court and can lead to serious prison time, fines, and long-term consequences.
2. What is the minimum jail time for a fourth OVI in Ohio?
The minimum sentence is 60 days in jail, but a judge can impose up to 30 months in prison depending on the details of the case, especially if there are aggravating factors like a high BAC or prior felony convictions.
3. Can a fourth OVI be dismissed or reduced in Ohio?
It’s rare but possible. Dismissals or reductions may occur if there were issues with the traffic stop, chemical testing, or prior convictions.
4. What happens if I refuse a breathalyzer during my fourth OVI stop?
Refusing a chemical test can trigger a 5-year license suspension under Ohio’s ALS laws, even if you’re not convicted of the OVI itself.
5. Will I lose my driver’s license permanently after a fourth OVI?
Not always, but it’s possible. Courts can impose a driver’s license suspension of 3 years to life for a fourth OVI conviction. Limited driving privileges may be available later, depending on the case.
6. What other penalties come with a felony OVI in Ohio?
In addition to jail and license suspension, you may face:
- Vehicle forfeiture
- Ignition interlock
- Yellow license plates
- Mandatory treatment
- Felony record
