Rittgers & Rittgers, Attorneys at Law
Get Your Consultation Today
513-932-2115

New Changes Proposed For Ohio OVI Law

Currently, under Ohio law, a first-time OVI offender faces, amongst other penalties, a mandatory minimum six month driver's license suspension. During that suspension period, that person is eligible to obtain limited driving privileges for work, school, medical, court, treatment, and probation purposes only.

However, the individual must wait either 15 or 30 days from the day of arrest to be eligible to obtain limited driving privileges. This period during which limited driving privileges are unavailable is known as "hard-time." If the individual tested over the legal limit, the "hard time" is 15 days. If the person refused to submit to a breath, blood, or urine test, the "hard time" is 30 days.

Interestingly, 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.

This particular proposal is favorable to OVI offenders because it 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. However, those taking advantage of the interlock option must cough up the additional money to install the device, which isn't cheap. Further, it is unclear how much the special driver's license would cost but one can assume that is not cheap either.

HB 388 would also require OVI offenders to go 10 years instead of the current 6 six years without getting a subsequent OVI conviction. OVIs are enhancement offenses, meaning subsequent offenses carry more severe penalties than prior offenses. OVIs under Ohio law however, are enhancement penalties only for subsequent offense committed within a particular time frame. 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.

No Comments

Leave a comment
Comment Information
  1. Distinguished AV | LexisNexis Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability
  2. Super Lawyers
  3. AVVO Rating 10.0 Superb
  4. Super Lawyers Rising Stars
  5. Million Dollar Advocates Forum
  6. Multi Million Dollar Advocates Forum
  7. The National Trial Lawyers | Top 100 Trial Lawyers
  8. The National Trial Lawyers | Top 40 Under 40

Get Your Consultation Today. Call 513-932-2115.

Rittgers & Rittgers answers its phones 24/7. Call us anytime to secure your consultation with one of our award-winning lawyers. You can rely on us for elite representation from our deliberately small, family-run law firm.

Email Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today

Our Office Locations

Lebanon Office
12 East Warren Street
Lebanon, Ohio 45036

Phone: 513-932-2115
Fax: 513-934-2201
Lebanon Law Office

West Chester Office
9100 West Chester Towne Centre Drive, Suite 205
West Chester, OH 45069

Phone: 513-932-9949
West Chester Law Office

Cincinnati Office
312 Walnut St., Suite 1600
Cincinnati, OH 45202

Phone: 513-932-7375
Walnut Street Law Office

Blue Ash Office
4555 Lake Forest Dr.
Suite 650
Cincinnati, OH 45242

Blue Ash Law Office

Florence Office
7310 Turfway Road, Suite 350
Florence, KY 41042

Kentucky Law Office

Hyde Park Office
Hyde Park Office
3805 Edwards Rd.
Suite 550
Cincinnati, OH 45209

Hyde Park Law Office