suhrelaw | January 31, 2017 | OVI Defense
House Bill Number 388 (Annie’s Law)
House Bill Number 388 has been signed by Governor Kasich and goes into effect on 4/6/17. This new series of modifications to the Ohio Revised Code are significant and include the following:
- Authorize a court to grant unlimited driving privileges with an ignition interlock device or Breathalyzer to a first-time OVI offender,
- Expand the penalties related to ignition interlock device violations
- Modify the law governing the installation and monitoring of ignition interlock devices,
- Extend the look back period for OVI and OVI-related offenses from six to ten years
- Modify the penalties for OVI offenses
- Alter the notice requirements applicable to a salvage auction or pool that obtains a salvage certificate of title for a motor vehicle.
Ohio’s current DUI or OVI statute has a 6-year look back period for the purpose of enhancing mandatory minimum penalties. Currently jail time for a first offense in the past 6-years is:
- A minimum of 3-days in jail or DIP for a low-tier test or a refusal
- 6-days in jail or DIP for a high-tier test or a refusal with a prior conviction in the past 20-years
A second in time, meaning a second offense in the past 6-years has increased mandatory minimum penalties:
- 10-days in jail or DIP for a low-tier test
- 20-days in jail for a high-tier test or a refusal
A third offense within 6-years is an unclassified misdemeanor and the mandatory penalties are significantly enhanced. They are:
- 30 days in jail for a low-tier test
- 60 days in jail for a high-tier or refusal
The dates are calculated by looking at the time period between the date of conviction for the prior offense and the arrest date of the current offense.
Unlimited Driving Privileges
The new law also defines the new term “Unlimited driving privileges” as meaning driving privileges that are unrestricted as to purpose, time, and place, but that are subject to any other reasonable conditions imposed by a court.
Some courts in Ohio that order a breath test device be installed on a car would allow a person to drive with a letter 24/7 for any lawful purpose. Some others said that the law required a judge to limit the places, purposes, and times to specifically. This new law seems to suggest that a judge can still put restrictions on driving, but gives some credibility to allowing for 24/7 travel.
All of the following apply when a court grants unlimited driving privileges with a certified ignition interlock device to a first-time offender.
There are new sanctions for violating the interlock driving requirements specified in section E of the new law:
- The court may reduce the period of suspension imposed by the court by an amount of time not greater than half the period of suspension.
- The court shall suspend any jail term imposed for the OVI offense. The court shall retain jurisdiction over the first-time offender until the expiration of the period of suspension imposed for the OVI offense and, if the offender violates any term or condition of the order during the period of suspension, the court shall require the first-time offender to serve the jail term.
I take this to mean that the usual mandatory 3 days that is required on a first offense that shall be suspended if interlock is granted then would have to be served if the person violates the conditions of the driving permit.
What happens if you test positive on your interlock device?
The new law also specifies other requirements in the event of interlock positive tests for alcohol:
If a first-time offender has been granted unlimited driving privileges with a certified ignition interlock device under this section and the first-time offender either commits an ignition interlock device violation as defined under section 4510.46 of the Revised Code or the first-time offender operates a motor vehicle that is not equipped with a certified ignition interlock device, the following applies:
(1) On a first violation, the court may require the first- time offender to wear a monitor that provides continuous alcohol monitoring that is remote.
(2) On a second violation, the court shall require the first-time offender to wear a monitor that provides continuous alcohol monitoring that is remote for a minimum of forty days.
(3) On a third or subsequent violation, the court shall require the first-time offender to wear a monitor that provides continuous alcohol monitoring that is remote for a minimum of sixty days.
(4) With regard to any instance, the judge may increase the period of suspension and the period during which the first- time offender must drive a motor vehicle equipped with a certified ignition interlock device in the same manner as provided in division (A)(8)(c) of section 4510.13 of the Revised Code.
(5) If the instance occurred within sixty days of the end of the suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege and the court does not increase the period of the suspension under division (E)(4) of this section, the court shall proceed as follows:
The registrar of motor vehicles is prohibited from reinstating a first-time offender’s license unless the applicable period of suspension has been served and no ignition interlock device violations Sub. H. B. No. 388 131st G.A. 28 have been committed within the sixty days prior to the application for reinstatement.