Annie’s Law – Changes to Ohio’s OVI/DUI sentencing guidelines

If you have been charged with an OVI offense in Ohio after 04/06/2017, you are subject to different penalties brought on by the Ohio HB 388 statute, also known as “Annie’s Law”.  HB 388 changes mandatory penalties for first time and repeat OVI offenders.  If there is a previous OVI conviction, courts now have to look back 10 years to determine mandatory minimum penalties.  Charge of OVI is generally a misdemeanor, and punishable by up to 6 months in jail, a fine, and a license suspension.  An OVI becomes a felony if it is a 4th OVI arrest in past 10 years, or 6th in past 20 years.  Additionally, once a felony OVI conviction is on one’s record, every subsequent OVI arrest should be classified as a felony.                                                      

First time OVI offense in past 10 years

Fine for 1st OVI offense can range between $375 and $1,075.   Jail time can range between 3 days (usually served through a Driver’s Intervention Program or 72-hour program) and 180 days.  Finally, driver’s license suspension can be anywhere between 1 year and 3 years.  Individuals who have been arrested for an OVI offense, and their breath test result was under .170 breath alcohol content (BAC), may be eligible for an “unlimited driving privilege”.  For an unlimited driving privilege, there are no restrictions as to where the holder of the privilege can drive to, but there must be an ignition interlock device installed on the vehicle used.  Additionally, if the holder of the privilege does not commit any interlock violations (by testing positive for alcohol), license suspension could be shortened, and any imposed jail time may be cancelled.

Second OVI offense in past 10 years

Fine for a 2nd OVI offense can range between $525 and $1,625.  Jail time ranges between 10 days (10 days minimum if there was no refusal of the breath test or result was under .170 BAC; 20 days if refusal or over .170 BAC) and 6 months.  Driver’s license suspension ranges between 1 and 7 years, but driving privileges may be issued after 45 days after the arrest.  The Court has discretion about requiring the yellow plates (usually required if the test was over .170 BAC or there was a refusal of the breath test).  Additionally, court must require an ignition interlock device on the vehicle if the OVI offense was alcohol related (as opposed to drug related).

Third OVI offense in past 10 years

Fine for a 3rd OVI offense ranges between $850 and $2,700.  Jail time ranges between 30 days and 12 months.  30 days in jail is a minimum if there was no refusal of the breath test, or the result was under .170 BAC, but minimum becomes 60 days if there was a refusal or the test was over .170 BAC.  Driver’s license suspension ranges between 2 and 12 years.  Driving privileges may be issued after 180 days, and yellow plates are required, while the interlock must be installed if the arrest was alcohol related.