On April 6, Ohio’s driving under the influence law underwent its most significant overhaul in years. While the legislature has made somewhat minor changes to the law from time to time, this amendment will substantially change how first-time OVI offenders are punished. Under the law which was in effect until April 6, a first-time OVI offender faced several mandatory minimum penalties, including three consecutive days in jail or attendance at a 72-hour driver intervention program (colloquially referred to as the DUI School), a six-month driver’s license suspension with the possibility of limited purpose driving privileges and a $375 fine.
Under the new law, a first offender can apply to install an ignition interlock device on his or her vehicle for six months. If he or she does so, he or she will have no time or purpose restrictions on his or her ability to drive and the mandatory jail time will be suspended if he or she completes her ignition interlock period without any violations. The “stick” that accompanies this “carrot” is that if the offender chooses not to install the interlock device, the mandatory minimum license suspension is increased to 12 months and the jail time is imposed. There are other changes included in the law, among them the expansion to 10 years of the look back period for increased penalties for repeat offenders and other various adjustments to driver’s license and suspension laws necessary to implement the more substantive changes.
The goal in changing the law is to reduce the number of people driving under the influence. The theory is that rather than simply punishing offenders with jail and driving restrictions, it is more effective to encourage them to not drive after having anything to drink at all. An ignition interlock device requires that the operator of a vehicle blow into a breathalyzer connected to the car’s ignition. If any alcohol is present, the car will not start. It is hoped that equipping vehicles with these devices will be more effective in preventing drinking and driving than the current practice of restricting the right to drive to limited purposes.
The law is referred to as Annie’s Law. It is named after Annie Rooney, an attorney in Chillicothe, Ohio who was killed on July 4, 2013 by a driver under the influence of alcohol. More information about Annie and the effort to pass this law can be found at www.annierooney.com.