Annie’s Law went into effect on April 6th, 2017, and drastic changes were made to Ohio’s drinking and driving laws. Historically, Ohio has mandatory penalties for OVI offenders and bases the mandatory minimum penalties on the number of times someone has been convicted of OVI.
Ohio’s Annie’s Law and OVI laws are critical for anyone living in the state to understand, but a Columbus DUI lawyer from Koffel Brininger Nesbitt can help.
A Breakdown of How Annie’s Law Will Influence DUI / OVI Law in Ohio
Annie’s Law and OVI make it clear that those who engage in this act will find themselves facing serious consequences. The law is significant in terms of how much pressure it puts on courts to hold accountable those who commit this type of violation. Our criminal defense attorneys want you to know what this law includes and the details of it, including the following:
- First-offense DUI offenders* can get unlimited driving privileges with the installation of an ignition interlock device.
- The judge must suspend all jail in the event the first-time offender elects to go with the interlock.
- The judge may reduce the license suspension by 50% if the offender elects to get the interlock.
- Creates a new violation of law called “IID VIOLATION” for Ignition Interlock**.
- The offender must have a new special driver’s license that denotes the use of the interlock. Failure to obtain this new license is a mandatory jail term.
- Offenders can apply for indigent status for free interlock.
- Other DUI/OVI-related provisions extend the “look-back” period for DUI/OVI from 6 years to ten years.
- Lengthens license suspensions for multiple offenders***.
- Eliminates yellow license plates for 1st or 2nd offenders who take a breath test.
If you are facing charges related to DUI or OVI, it is critical that you protect your rights as soon as possible. We encourage you to contact our criminal defense attorneys to help you fight hard. As a nationally recognized law firm, we are confident we can provide you with clear insight, so read our case results to see how we can help you.
For a legal consultation, call (614) 884-1100
Changes to First-Time OVI Offenders
The previous law required OVI offenders to serve three or six days in jail if they did not have a previous OVI conviction within the last six years, depending on the chemical test. The six-year rule is commonly known as the “look-back period.” The new law’s look-back period is now ten years.
The previous law required a minimum license suspension of six months and a maximum suspension of three years. Offenders could get restricted driving privileges.
The new law requires at least a one-year license suspension, but the suspension can be cut in half to six months if the offender requests it, and the court grants unlimited driving privileges with a certified ignition interlock device (IID).
These privileges are available 24/7 with only one rule: blow into the breathalyzer without it detecting ANY amount of alcohol in the individual’s breath. The court can also suspend ALL jail time if the offender does not test positive for alcohol. If the individual tests positive for alcohol, the court must impose the suspended jail time.
Changes to Second-Time OVI Offenders
Annie’s law extended the look-back period to 10 years. The ignition interlock is required for limited driving privileges and the suspension can be reduced by half if no IID violations. The previous law required at least a one-year suspension with a maximum suspension of five years.
The new law extended the maximum suspension to seven years. The previous law required a 90 day period of immobilization. The new law allows a court to suspend the immobilization period if the offender has restricted driving privileges with an IID.
As Ohio’s premier criminal defense law firm, we understand Ohio’s Annie’s Law and the OVI rights you have. Let us go to work to protect you. Contact us now to discuss your case.
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Changes to Third-Time OVI Offenders
The new law extended the look-back period to 10 years. The old law required a minimum license suspension of two years with a maximum suspension of ten years. The new law extended the maximum suspension to twelve years.
However, if the offender has an IID, the court may reduce the suspension by half. This would allow a minimum license suspension of one year. This is another significant change.
Our criminal defense team works with those who have numerous OVI offenses as well as those facing their first. Let us offer guidance on your legal options. We are always transparent and upfront with you.
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Ignition Interlock Violations
The court must impose the suspended jail time. The offender may be required to wear an alcohol monitor. The length is determined by the number of violations, and the court may reinstate the immobilization period if originally suspended.
Another significant change affects multiple OVI offenders, and a multiple DUI defense lawyer in Columbus can help. No privileges may be granted on a suspension imposed on an offender who has had three or more convictions or guilty pleas within the preceding ten years. This is yet another very critical factor to keep in mind.
If you are facing Ohio’s Annie’s law and OVI charges, contact our firm. Do not settle for whatever is thrown at you in court or assume there are no strategies available to help you. We are here to offer the insight and guidance you need now.
What Can You Do with an Ohio Annie’s Law and OVI Charge?
We strongly recommend your first step is to be respectful and clear when requesting to speak to your attorney. Our criminal defense attorneys in Ohio know how to handle these very complicated matters, and we will ensure you know all of your rights. Let us provide you with guidance in several key ways:
- Determine what legal defense strategy may be best for you. This law makes it clear punishment may be required, but that does not mean there are no options for legal resources if you were charged unfairly. Let us take a look.
- Explore the options for reducing your charges. Clarity about your legal rights, including disputing those charges, is one of the best resources we can offer to our clients.
- Expect us to fight for you if you go to trial, and that means providing you with the insight and guidance you need when it may seem like you have no other options.
Koffel Brininger Nesbitt works with those who are facing a wide range of charges. Expect our legal team to fight for you. If you are facing these charges, do not settle but instead, contact our firm for guidance and read our client testimonials to learn more.
Schedule a Consultation with Our Criminal Defense Attorneys
With more than 30 years behind us, Koffel Brininger Nesbitt is the ideal attorney to call on when you are facing Ohio’s Annie’s Law and OVI. Set up a consultation to discuss your situation. You will always get fair and honest insight.
*refers to the 1st offense in 10 years and the offender must still wait 15 days for a positive breath test or 30 days for a refusal.
**IID Violation will result in continuous alcohol monitoring (also known as “SCRAM”).
*** First offense OVI will have a mandatory minimum license of 1-5 years but can be reduced by 50% for the installation of IID.
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