Ohio Senate Bill 17: Increased Penalties for Repeat OVI Offenders
Ohio Senate Bill 17 went into effect on September 30, 2008. The bill made significant changes to the state's OVI laws, including increasing the penalties against repeat offenders and making alcohol monitoring devices mandatory in certain situations.
April 23, 2009 /24-7PressRelease/ -- Ohio Senate Bill 17: Increased Penalties for Repeat OVI Offenders
Article provided by Raymond T. Faller Co., LPA. Please visit our Web site at www.raymondtfallerlaw.com.
Ohio Senate Bill 17 went into effect on September 30, 2008. The bill made significant changes to the state's OVI laws, including increasing the penalties against repeat offenders and making alcohol monitoring devices mandatory in certain situations. Below you will find information on some of these important changes.
SCRAM
SCRAM devices -- Secure Continuous Remote Alcohol Monitors -- are apparatus worn on the ankle that electronically monitor alcohol levels in an individual's system through sweat secretions ("transdermal monitoring"). Ohio was one of the first states in the country to use these devices as a means to enforce no alcohol consumption orders on repeat OVI offenders.
Prior to Senate Bill 17, judges had the option of ordering defendants to wear the electronic devices. Under the new law, however, SCRAM devices are mandatory in the following situations:
• When a person with limited driving privileges violates the ignition interlock system order by trying to start the car after drinking, tamper or disengage the system or drives a vehicle without an ignition interlock system
• When a person with two or more OVI or equivalent convictions or one prior felony OVI conviction is granted limited pre-trial driving privileges
Judges also may order first time offenders to wear SCRAM devices.
Once a judge has ordered an individual to wear a SCRAM device, he or she is required to wear it 24 hours a day for the entire sentence. Unless the individual qualifies for the indigent alcohol monitoring program, he or she is required to pay for the device out-of-pocket in addition to a user fee, which ranges from $10-12 per day.
At the time the individual picks up the ankle monitor, he or she also is given a modem, which must be connected to a phone line. SCRAM devices then check blood alcohol levels throughout the day -- usually twice per hour -- and transmit these results electronically to the modem. The modem then transmits the information to a central Alcohol Monitoring System (AMS). This system analyzes the results from the information collected by the bracelet and determines if an individual has consumed any alcohol.
If the results come back showing alcohol in the individual's system, the court is then notified. Consuming alcohol in violation of the court's order most likely will result in revocation of any limited driving privileges.
Interlock Ignition Devices
In any cases where the court grants limited driving privileges for repeat offenders on alcohol charges, the offenders must install interlock ignition devices in their vehicles prior to receiving driving privileges. The court also has the discretion to order first time offenders and repeat drug offenders to install the devices as a condition to receive limited driving privileges.
Additionally, if someone who is under an order to have an interlock ignition device is prevented from starting the car by the device, the court can:
• Require the driver to wear a SCRAM device
• Increase the driver license suspension period originally imposed by a factor of two
• Increase the period of "hard suspension" -- where the driver is denied any limited driving privileges -- by a factor of two
Habitual Offender Registry
Those who receive a 5th or greater conviction for OVI or an equivalent offense within 20 years are required to register with the state's habitual OVI/OMWI offender registry, maintained by the Ohio Department of Public Safety. The registry is an on-line, public database. It includes the names, addresses, birthdays and number of convictions of listed offenders. Only those who received their 5th or greater conviction on or after September 30, 2008, are required to register.
Refusal to Submit to BAC testing
If an individual is arrested for an OVI or equivalent offense and refuses to take a blood alcohol test, the court now may consider the following factors to determine his or her sentence:
• Any prior convictions within six years for OVI or other equivalent offenses
• Any prior refusals to submit to blood alcohol testing within the previous six years
Implied Consent Law
Under the changes to the state's implied consent law, certain individuals must submit to chemical testing to determine their blood alcohol content. This includes those who have:
• Two or more prior OVI or equivalent offense convictions in the previous six years
• Five or more prior OVI or equivalent offense convictions within the past 20 years
• One prior felony state OVI conviction
If they refuse to take the test, the police are allowed to use whatever "reasonable means necessary" to get a blood sample for testing. The police officer only can be held liable for his or her acts to obtain the sample if he or she acted with "with malicious purpose, in bad faith, or in a wanton or reckless manner."
Other Changes
• Repeat offenders who receive a subsequent conviction within 6 years of the first one are required to attend an authorized alcohol and drug treatment program and follow all treatment recommendations of the program.
• Second time offenders must serve a 45 day period of "hard suspension" before the possibility of receiving limited driving privileges by the court (which also requires having a certified ignition interlock device installed in the car). The previous suspension period was for 30 days.
• All OVI fines and reinstatement fees were increased by $50.00
• Enhanced penalties for any prior OVI or equivalent offense convictions.
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