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NEW OHIO LAW CREATES CHANGES TO OVI PENALTIES AND PROCESS FOR OBTAINING DRIVING PRIVILEGES

Ohio House Bill 37 (HB 37) will change certain mandatory penalties for those convicted of OVI and will alter the process by which individuals charged with OVI can obtain driving privileges. Under the current law, the mandatory minimum fine a judge must impose for a first time OVI offender is $375.00. Once HB 37 is signed into law, the new minimum fine will be $565.00. This is a raise of $190.00. HB 37 will also lower the cost of the reinstatement fee owed to the Ohio BMV to obtain you license after and OVI conviction by $160.00. The reinstatement under the current law is $475.00. The new reinstatement fee under HB 37 will be $315.00.

NEW OVI MINIMUM FINES

The new minimum fine for a first time OVI in Ohio is $565.

The new reinstatment fee under HB 37 is $315.

CHANGES TO DRIVING PRIVILEGES WHILE UNDER PRE-TRIAL ADMINISTRATIVE LICENSE SUSPENSION

The new HB 37 makes several changes to how a court may grant driving privileges. Under current law, an individual must wait at least 15 days before a judge may grant limited driving privileges. Under HB 37, the judge has the ability to waive the waiting period and grant privileges immediately in certain circumstances. Additionally, HB 37 requires an individual with prior OVI or Physical Control convictions to have an ignition interlock device installed on his or her vehicle before limited driving privileges may be granted.

FIRST TIME OFFENDER WHO TESTS ABOVE .08FIRST TIME OFFENDER WHO REFUSES CHEMICAL TESTPRIOR PHYSICAL CONTROL CONVICTIONPRIOR OVI CONVICTION WITHIN 10 YEARS
HARD-TIME SUSPENSION BEFORE PRIVILEGES BEGIN15 DAYS BUT A JUDGE MAY WAIVE HARD TIME IF NO PREVIOUS ALCOHOL ARRESTS OR CONVICTIONS30 DAYS45 DAYS IF TEST ABOVE .08 90 DAYS IF REFUSAL OF CHEMICAL TEST45 DAYS
IGNITION INTERLOCK DEVICETHE JUDGE MAY ORDER AN INTERLOCK DEVICE BUT NOT MANDATORYHE JUDGE MAY ORDER AN INTERLOCK DEVICE BUT NOT MANDATORYINTERLOCK MUST DEVICE BE INSTALLED BEFORE DRIVING PRIVILEGES GRANTEDINTERLOCK MUST DEVICE BE INSTALLED BEFORE DRIVING PRIVILEGES GRANTED