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Is an ignition interlock device required following an OVI/DUI arrest in Ohio

With Annie’s Law coming into effect earlier this year, OVI related consequences in Ohio have drastically changed.  As a result, you may be required to install an ignition interlock device on your vehicle following an OVI arrest, and after your conviction.  The court may impose an interlock requirement on some OVI charges, or you (or your attorney) may request to have it installed in order to obtain unlimited driving privileges should the offense be a first OVI arrest within last 10 years.

Interlock Requirement Prior to an OVI Conviction

You may be required to install an interlock device on your vehicle if you wish to obtain driving privileges before your OVI has been disposed of by the court.  Following an OVI arrest, your Ohio driver’s license is subjected to an Administrative License Suspension (ALS), which has a “hard time” component.  During the “hard time”, no driving privileges are allowed.  Length of hard time suspension is determined by prior OVI convictions.  After the hard time suspension expires, driving privileges are subjected to the court’s discretion. 

Generally, driving privileges are granted for limited purposes – work, school, or medical.  If there are previous convictions for an OVI offense within past 10 years, the court will generally require an installation of an interlock device on the vehicle you wish to operate.  However, if there are no previous convictions, and the breath test was considered as a "low tier" (under .17 BAC), it is likely that the ignition interlock requirement will not be imposed prior to the resolution of your OVI case, and during the ALS suspension.

1st OVI within 10 Years and Unlimited Privileges

With Annie’s Law, Ohio legislature allows people who have been convicted of a 1st OVI offense within 10 years to be granted an “unlimited driving privileges”.  By obtaining the unlimited privilege, you are not limited to drive to select activities only, but instead you can drive wherever and whenever.  However, in order to be granted this unlimited privilege, an ignition interlock device must be installed on your vehicle for the duration of suspension.  The restricted yellow plates are up to the court's discretion, but are generally not imposed for the 1st offense.

Subsequent OVI’s

If you are arrested for another OVI (not 1st in 10 years), ignition interlock might be a requirement if you wish to have any driving privileges.  If your offense is a 2nd conviction within 10 years, and the offense is alcohol related, court has to require that you install the ignition interlock device.  However, if your OVI was not alcohol related (a result of prescription or recreational drug use), court has discretion as to whether to impose the ignition interlock requirement.  On 3rd (or higher) arrests within 10 years, court must impose the ignition interlock requirement on any offense that is alcohol related.

 

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