Ohio Revised Code Section 2919.25

Driving under the Influence Is Not a “Crime of Violence.”

A number of Ohio criminal statutes call for enhancement in the event a defendant has a history of violent crime.  The enhancements can include an increase the in the degree or sanctions.  Many times a violation of a certain criminal statute can raise what is commonly a misdemeanor to a felony or raise the crime to a more serious felony.  In other instances, a prior conviction of a crime of violence can increase the penalty or make jail time mandatory.  The same can happen of the federal level where a prior crime of violence will result in an enhancement of a defendant’s sentence. 378 Fed. Appx. 485, involved the enhancement of the defendant’s sentence resulting from a prior conviction of driving under the influence.  The defendant was convicted for being a felon in possession of a firearm.  The lower court sentenced the defendant 57 months in jail due to the fact that the court deemed his prior conviction for DUI a crime of violence.

A number of Ohio criminal statutes call for enhancement in the event a defendant has history of violent crime.  The enhancements can include an increase the in the degree or sanctions.  Many times a violation of a certain criminal statute can raise what is commonly a misdemeanor to a felony or raise the crime to a more serious felony.  In other instances, a prior conviction of a crime of violence can increase the penalty or make jail time mandatory.  The same can happen of the federal level where a prior crime of violence will result in an enhancement of a defendant’s sentence. An important case was heard before the Federal Sixth District which took on the question of whether a conviction of driving under the influence (or OVI) is a crime of violence.  The case, United States v. Evans, 378 Fed. Appx. 485, involved the enhancement of the defendant’s sentence resulting from a prior conviction of driving under the influence.  The defendant was convicted for being a felon in possession of a firearm.  The lower court sentenced the defendant 57 months in jail due to the fact that the court deemed his prior conviction for DUI a crime of violence.

After graduating with a Juris Doctor from The Cleveland Marshall Law School of Cleveland State University, Mr. Fromet is in private practice for over 32 years. Mr. Fromet has lectured and authored numerous articles in the area of driving under the influence. He has defended those charged with DUI and related offenses throughout the State of Ohio.

The information contained herein is for your general information. While the information was accumulated by a professional, it is far from comprehensive and should not be considered legal advice. It is unethical and inappropriate for any attorney to offer unsolicited legal advice without consulting with their client and having a full understanding of the client's situation. The reader is advised not to take any action based upon the limited information contained herein, but should consult an attorney regarding any legal issue before proceeding.

Anderson's 2000-2 Ohio criminal law handbook, for offenses committed on or after July 1, 1996

Anderson's 2004-1 Ohio Criminal Law Handbook

Ohio Criminal Law Handbook

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