Category Archives: DUI Felony

Information on felony OVI (aggravated vehicular homicide and aggravated vehicular assault) in Ohio.

Felony OVI Prompts Questions Over Juvenile’s Right To Counsel

Yesterday, the Ohio Supreme Court ruled in a felony OVI case that a juvenile has a right to counsel at every stage of a legal proceeding.  State v. Bode, Slip Opinion No. 2015-Ohio-1519. As stated in CourtNews, the court held that, "If confinement is a possible punishment for a juvenile, the juvenile must have waived…
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Aggravated Vehicular Assault: What is Operation?

In order to convict a person of Aggravated Vehicular Assault, the State is required to prove, beyond a reasonable doubt, that, “while operating * * * a motor vehicle, * * * cause[d] serious physical harm to another person * * * [a]s the proximate result of committing a violation of division (A) of section 4511.19…
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Ohio Felony DUI Law: Aggravated Vehicular Homicide

The most tragic cases we handle are cases involving a charge of aggravated vehicular homicide. Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant’s operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The aggravated vehicular homicide statute  encompasses driving an…
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Ohio’s Felony OVI Look-Back Rule

Ohio has established a twenty year felony OVI look-back period. A sixth or greater OVI (drunk driving) offense within a twenty year look-back period is a fourth degree felony OVI. R.C. 4511.19(G)(1)(d).  Another harsh provision under Ohio OVI  law is the “once a felony, always a felony” rule contained in R.C. 4511.19(G)(1)(e), meaning that any…
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Ohio DUI Laws: An Overview

This post collects together in one place many of the Ohio DUI Laws that arise in drunk driving cases.   Some Ohio DUI laws are listed because law enforcement will charge these offenses to establish probable cause for pulling over your vehicle.  If you need to find out more about a specific law, or how…
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Wrong Way Crashes and DUI

A new study commissioned on behalf of the Ohio State Highway Patrol concluded that more than half of wrong-way drivers were suspected of alcohol or drug impairment.  According to the study, 60 wrong-way collisions between January 2011 and April 2013 resulted in 31 deaths. Some notable findings in the report: > The death rate in wrong-way…
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Ohio’s First Post-McNeeley Blood Draw Case

In State v. Hollis, 2013-Ohio-2586, the Fifth Appellate District was faced with an appeal of a decision from the Richland County Common Pleas Court. The case was the first forced blood draw decision following the United States Supreme Court ruling in Missouri v. McNeeley, which held "that in drunk-driving inves- tigations, the natural dissipation of alcohol in…
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Aggravated Vehicular Homicide, O.R.C. 2903.06

Aggravated Vehicular Homicide, O.R.C. 2903.06,  is a crime that results from the death of another caused by the defendant's operating a vehicle while impaired (a violation of R.C. 4511.19)  or while driving negligently or recklessly.  The statute  encompasses driving an automobile recklessly or negligently (called Vehicular homicide) whether or not alcohol played a part in…
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What Constitutes a Felony DUI in Ohio?

Ohio has enacted two “look-back” statutes which enhance the penalties for a DUI; a six year look-back and a twenty year look-back.  This post will focus on when a DUI becomes a felony.  For a complete list of penalties for DUI offenses check out my previous article OHIO OVI PENALTIES. Six Year Look-Back If you…
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