Information on Having to Install an Ignition Interlock Device in the Birthplace of Aviation State of OH
Dayton, Cincinnati, Columbus, Cleveland, Akron, Toledo, Canton, Delaware, Lima, and all other cities in the state of Ohio have the same OH Ignition Interlock laws when it comes to OVI and DUI offense convictions. Individuals who are operating a vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or more will be charged with Driving Under the Influence (DUI) or Operating a Vehicle Under the Influence (OVI). If individuals are then convicted of DUI/OVI charges, they will face a number of penalties as punishment including a driver’s license suspension, possibly having to spend time in jail, paying monetary fines, and possibly having to get an Ignition Interlock Device (IID) installed on any car they will be driving for at least 6 months to 1 year on average.
Ohio and most states have adopted a BAC of 0.08 percent as the standard for being charged with drinking and driving related crimes. This is because of research that was conducted to determine the effects of alcohol on an individual’s ability to drive – most individuals are too impaired to drive with a BAC of 0.05 percent, and all individuals are considered too impaired to drive with a BAC of 0.08 percent. Additionally, the state of Ohio charges minors (under 21) with DUI or OVI should their BAC be at or above 0.02 percent, and commercial drivers can be charged with DUI should their BAC be at or above 0.04 percent. Due to the seriousness of what can happen for even a first OVI offense in Ohio if convicted, a driver needs to have their arrest examined online with us as soon as possible. This is the best first step in what to do for finding the right defense which could help prevent having to get an Ignition Interlock device installed in OH, as well as avoid the other mandatory OVI/DUI costs and penalties.
What Are the OVI Interlock Penalties for Driving Under the Influence in Ohio?
As previously mentioned, individuals who are convicted of OVI & DUI in the state of Ohio face a number of different penalties as punishment for their crime. These punishments are used as a means to discourage individuals from repeating their drinking and driving behavior while also acting as an example for others. For a first time DUI and OVI offense in the state of Ohio a drive will face the following penalties:
- Three Days to Six Months in Jail
- Fines and Penalties of Between $250 and $1,000
- Driver’s License Suspension of Six Months to Three Years
- Having to Install an Ignition Interlock For At Least 6 Months on Average
2nd offense repeat offenders, or those with previous DUI/OVI convictions on their record, will face harsher penalties than first-time offenders. The state of Ohio currently enforces a six-year lookback period, which means any conviction within the last six years of an offender’s current conviction is counted against him or her. Second time OVI offenders, or those with one previous DUI conviction within the last six years, face the following penalties:
- 10 Days to One Year in Jail
- Fines and Penalties of Between $350 and $1,500
- OH Driver’s License Suspension of One to Five Years
- Having to Get an Ignition Interlock Installed For At Least 1 Year
Third time DUI offenders, or those with two previous OVI convictions within the last six years, face the following penalties:
- 30 Days to One Year in Jail
- Fines and Penalties of Between $350 and $1,500
- Driver’s License Suspension of One to 10 Years
- Possibility of Having to Use a DUI Interlock For At Least 2 Years
What is an Ignition Interlock Device, and How Does It Work With New Ohio OVI & DUI Laws?
An Ignition Interlock device is a mechanism installed in a OVI offender’s vehicle as a means to deter drinking and driving behavior. How this mechanism works in Ohio is much like how a Breathalyzer works, except before the car can be started, a DUI/OVI offender must provide a breath sample into the Interlock device. Once the breath sample is analyzed, should it be higher than the pre-determined level, which is generally calibrated for 0.02 percent BAC, the mechanism prevents the vehicle from starting. Should the sample be lower than the pre-determined level, the vehicle is able to start normally.
In certain situations, the mechanism may be set to require random retesting from offenders as the car is driven. Once the OVI Interlock device requests this sample, drivers must provide it, at which time the event is logged in the mechanism’s memory. Should the retested sample be above the pre-programmed level, a signal for drivers to stop is presented as well as an alarm, which does not stop until the vehicle has been turned off—the Ignition Interlock does not shut off the vehicle while it is in motion. Retests are a means to prevent a third party from providing the initial IID sample.
When Will the Use of an Ignition Interlock Device Be Required in the State of Ohio?
The state of Ohio has authorized the installation and maintenance of the Ignition Interlock device for certain offenders convicted of OVI, DUI, or other drinking and driving related crimes. Courts can allow or require the use of an IID as a condition for offenders to have their driving privileges and driver’s license reinstated. An Ignition Interlock can be authorized for OVI offenders in the following 3 situations:
- First time OVI offenders can be authorized to use an Interlock when it has been ordered by the court.
- Second time OVI or DUI offenders are required to use an IID as a means to have their driver’s license reinstated.
- Repeat (third, fourth, and subsequent) OVI offenders are required to get an Ignition Interlock as a means to get a driver’s license back in OH.
Who Will Have to Pay For the Cost of an Ignition Interlock Device in Ohio?
In almost all cases where OVI and DUI offenders are ordered to use Ignition Interlock device in OH, the convicted offender will be wholly responsible for paying all costs associated with installing, using, and maintaining the device. Individuals should expect to pay upwards of $100 to have the device professionally installed as well as between $70 and $120 a month in fees to lease the device. It is important to note these costs are just a rough estimate and final costs vary between providers – for example, some OVI Interlock providers offer free device installation.
What is the Process of Obtaining and Installing Ignition Interlock Device in Ohio?
Once OVI offenders have been ordered to install an Ignition Interlock, the court likely gives them a deadline in which time they need to have the device leased and installed on the driver’s car. First, offenders need to lease the Interlock from a state approved provider – these IID providers can be found all over the state, and a full list of approved providers is available on the Ohio Bureau of Motor Vehicles website. It is crucial to ensure the device is leased from one of these providers in order for individuals to remain within the Ignition Interlock device guidelines for the state of OH.
After the Interlock device has been leased, individuals need to ensure it is professionally installed to the state’s standards. Once the car Breathalyzer device has been successfully installed, it is not uncommon for individuals to report back to the court, the judge, their probation officer, and/or the Ohio Bureau of Motor Vehicles to inform them the device is installed and functioning. Often, they must provide a copy of the least agreement as well as a receipt of the installation. Once this is approved, offenders are reissued their driving privileges. When a Ohio Ignition Interlock lawyer reviews a driver’s own arrest details online with us, they can then be in a proper position to let a driver know of any possible way available of how to avoid having to get an Ignition Interlock device installed in:
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