New OVI Penalties Under Ohio’s Annie’s Law
Annie’s law was enacted in Ohio and went into effect April 6, 2017. It was named after Annie Rooney, an attorney from Chillicothe, Ohio, who was hit and killed on July 4, 2013, by a driver who was a multiple OVI offender and whose blood alcohol level was more than twice the legal limit. Ohio’s new OVI penalties changes the suspension periods, the way jail time is imposed, and the look-back period for enhancing DUI penalties. Prior to the law, Ohio had a twenty year look back and a six year look back for multiple offender enhancement purposes. The twenty year look back made the sixth OVI during that time frame a felony. The six year look back applied to enhancement of penalties for the second through fourth OVIs within that time frame. The six year look back has been extended to a ten year look back under the Ohio’s new OVI law. In the past, getting four OVIs within ten years was not a felony; the fourth had to be committed within six years. Now, getting four OVIs within ten years can be charged as a felony.
DRIVER’S LICENSE SUSPENSION UNDER ANNIE’S LAW
| Before April 6, 2017 | After April 6, 2017 | |
| First
OVI Offense |
6 months to 3 years | 1 to 3 years, but the court can reduce the suspension by up to half if the offender gets unlimited driving privileges with interlock |
| Second
OVI Offense |
1 to 5 years |
1 to 7 years |
| Third
OVI Offense |
2 to 10 years |
2 to 12 years |
After serving one-half of the suspension period, one may petition for reinstatement of their driver’s license. The following is a summary of some of the changes from the new Ohio DUI law:
1. First offense DUI suspension has been increased from 6 months to 1 year;
2. One can petition the court to reduce the suspension to 6 months;
3. Unlimited driving privileges are available with an ignition interlock device;
4. Obtaining an ignition interlock device with suspend the jail time imposed;
5. If the person gets an ignition, they must obtain a restricted driver’s license.
The new OVI law expands the penalties for those who are granted driving privileges with an interlock device, but have someone else blow into their device to start their vehicle. The penalty for having someone else blow into the device for you is a first-degree misdemeanor.
If an interlock violation occurs within 60 days of the end of the suspension, the court is required to extend the suspension and the interlock requirement. The suspension cannot end until 60 days after the violation.
To learn more, Judge Jennifer Weiler of the Garfield Heights Municipal Court created a chart for Annie’s law in Ohio. This chart incorporates all the changes from Annie’s law into Ohio OVI laws.
Attorney Daniel Gigiano. Experienced. Aggressive. Dedicated.
Attorney Daniel Gigiano was admitted to the practice of law in Illinois in 1993. He immediately began practicing as an assistant prosecutor working in a courtroom that focused on major traffic cases, such as DUI and driving under suspension, spending over one year focusing on the many issues in these cases. Attorney Daniel Gigiano then spent the next five years of his government practice working on misdemeanors, felonies, grand jury and preliminary hearings, juvenile delinquency cases, and abuse and neglect cases. In 1999, he was admitted to practice in Ohio. In 2000, he took his experience to a private practice in Wadsworth, Medina County, Ohio. Attorney Gigiano has maintained a practice in Wadsworth since that time. During his private practice, he has tried numerous criminal and civil jury trials to verdicts. Call now at 330-336-3330 if you need the services of an experienced Medina County OVI attorney in Wadsworth.