Tyack Law Firm

About Tyack Law Firm

However, if the defendant’s 4th or 5th OVI / DUI charge in 10 years (or 6th OVI / DUI charge in 20 years) is based on a refusal or a “high test,” as defined in R.C. 4511.19(A)(1), the penalties for a first felony OVI / DUI conviction are more severe. Specifically, while all of the consequences of a first felony drunk driving conviction stay the same, a defendant convicted of a first felony OVI / DUI conviction with a refusal or a high test will instead face a minimum of 120 days incarceration in either a local jail (maximum incarceration up to 1 year) or in prison (with option of additional 6 to 30 months).

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