Dale: Let’s talk about felony OVI’s first, which is pretty complex. And then go into the felony offenses. Because, you know, if you get six in twenty, or four in six years, OVi’s they become felonies. Then it depends on your blood alcohol concentration, what the minimum sentences are. Your blood alcohol concentration, and also whether or not you refuse.
Interviewer: So what factors can make a DUI, OVI a felony instead of a misdemeanor?
Dale: If you have four OVI’s in 6 years, or six OVI’s in 20 years it becomes a felony offense. A felony of the fourth degree.
Interviewer: What are some of the penalties for that?
Dale: Well, say that it’s a four in six or six in twenty, with a low result. And by a low result, I mean a BAC between .08 and .169, all right? The minimum becomes 60 days incarceration up to1 year. You could have a license suspension of 3 years to life, and no driving privileges for 3 years. If you are given driving privileges Okay. It’s going to require an interlock, as well as what they call “the restrictive plates”. Now, your vehicle was also be forfeited. If you’re driving a vehicle that’s titled in your name, they take the vehicle. And you can get another one but they’re going to take, they can take the one that you’re driving.
Interviewer: All right. Are there other factors that can turn an OVI into a felony? What if you have, like, underage kids in the car? If you’re in an accident or? For example like, what other circumstances can turn a misdemeanor OVI into a felony?
Dale: Well, first of all that was the low end OVI, Okay. That was between .08 to .169. If you are .169 or above, or a refusal the minimum sentence goes to 120 days.
Interviewer: Ever? Even if it’s a first OVI?
Dale: No, this is a felony OVI. This is the fourth in six years, or six in twenty. And this is a consideration too, every OVI you receive after a felony OVI is a felony OVI. It’s the felony that never ends.
Interviewer: How often does that happen?
Dale: It happens. It happens, six in twenty. I mean 20 years is a long period of time.
Interviewer: What’s the most number of OVI’s you’ve ever seen someone have? Just out of curiosity.
Dale: In general, I think I have seen fifteen or sixteen. I’ve had people that have had twelve.
Interviewer: You’ve represented people that have had twelve?
Interviewer: What the highest BAC you’ve ever seen on someone you represented?
Dale: The highest BAC I ever saw was .425. And that was someone that was arrested in the afternoon, after leaving a public swimming pool, and not paying for parking. That’s what I call a functional alcoholic.
By Dale Naticchia