PROPOSED Changes FOR OHIO OVI LAW

Under current Ohio law, a first-time OVI offender faces fines, jail time, and a mandatory minimum six-month driver’s license suspension if convicted.  However, if the person refuses the breathalyzer or tests over the prescribed legal limit of .08, an administrative license suspension is imposed for a period of at least three months for testing over, and at least one year for a refusal.  During that suspension period, that person is eligible to obtain limited driving privileges for work, school, medical, court, treatment, and probation purposes only. First time offenders must wait either 15 or 30 days from the date of arrest to be eligible to obtain limited driving privileges through this system. If the first time offender tested over the legal limit, the time period to wait is 15 days. If he or she refused to take a breath, blood, or urine test, the wait is 30- days.

New legislation in the Ohio House under HB 388 would allow first-time OVI offenders to have unlimited driving privileges during the driver’s license suspension on the condition the individual obtains a special license and has an interlock device installed on his or her vehicle. The interlock device allows individuals to start their vehicles only after they blow into the device giving a clean breath sample. Under the current legislative proposal, the individual could operate the vehicle if the individual gives a breath sample indicating blood alcohol concentrations lower than .025.

Favorable to first time OVI offenders, this new proposal does not require the installation of the interlock device on a first-time offender; instead, it gives first-time offenders the option to use it if they want the ability to drive anywhere at any time. Currently, Ohio courts authorize the installation and maintenance of an IID as a condition of reinstatement of driving privileges for:

• a first offense if ordered by the court (legislation was proposed but not passed in 2014 making it mandatory for first offenders)
• a second or subsequent offense within six years — an IID is mandatory.

http://dui.drivinglaws.org/ohio.php . HB 388 would also require OVI offenders to go 10 years instead of the current 6 six years without getting a subsequent OVI conviction. Under the current law, only subsequent OVI convictions committed within six years of a prior OVI conviction carry enhanced penalties.

It is clear this particular feature of the new legislation would hurt subsequent OVI offenders who are convicted after six years but within 10 years of their prior OVI conviction. Under this new proposal, a subsequent OVI conviction committed within, not just six, but 10 years of a prior OVI conviction would carry heftier mandatory penalties including higher fines, longer driver’s license suspensions, and more jail time.

Call the experienced OVI attorneys at the Brown Law Office at 330-601-0101 for a free OVI consultation today.