(Senate Bill) S.B. 17, effective September 30, 2008
FORCED BLOOD TESTS
The new law provides that some multiple offenders will be required to submit to a blood, breath or urine test when arrested for Physical Control, OVI, Boating under the Influence (BUI or OMWI) and equivalent offenses for 3rd or more offenses within six years and for felony charges. For BUI charges there is no limit on the look back period.
Officers must advise you that he may use whatever reasonable means are necessary to ensure that you submit to a test, and that you may have an independent test at your own expense. If you refuse, the officer may use reasonable means to get a blood test only. A qualified medical professional must still draw the blood. Unless the conduct of the officer or medical professional rise to criminal or civil liability, i.e. malicious, in bad faith, reckless, malpractice, willful or wanton, they are immune from prosecution, both criminally and civilly.
ADMINISTRATIVE LICENSE SUSPENSIONS (ALS)
The new law increases the “hard suspension” from thirty days to forty-five days for the period when no limited driving privileges are permitted for second offenders within six years, as well as for court OVI suspensions.
Prior refusal and convictions within six years are both used to enhance refusal ALS. Only convictions within six years are used to enhance test over ALS.
Refusal ALS lengths:
- No prior refusal or conviction = class C (1 year)
- One prior refusal or conviction = class B (2 years)
- Any combination of two refusals or convictions = class A (3 years)
- Any combination of three or more refusals or convictions = 5 years
Test-over ALS lengths:
- No prior conviction = class E (90 days)
- One prior conviction = class C (1 year)
- Two prior convictions = class B (2 years)
- Three or more convictions = class A (3 years)
Boating Under the Influence (BUI) or Operating Motorized Watercraft under the Influence (OMWI)
There is no high tier prohibition, no felony BUI, no ALS (driving), but a test refusal prohibits the operating or registering of watercraft for one year.
ALCHOHOL MONITORING
The new law requires a court to order no alcohol consumption and secure continuous remove alcohol monitoring (SCRAM) for second felony OVI defendants who are granted limited pre-trial driving privileges. SCRAM is not required, but an option, if convicted of OVI. SCRAM is required for heightened supervision because of failure of the ignition interlock requirements. The consumption by the defendant is grounds for revocation of the limited privileges. The order must continue until the disposition of the case.
The new law authorizes a court to order no alcohol consumption and secure continuous remote alcohol monitoring (SCRAM) for third in six years and first felony OVI defendants who are granted limited pre-trial driving privileges. The consumption by the defendant is grounds for revocation of the limited privileges. The order must continue until the disposition of the case.
SENTENCING
The new law enables any combination of prior OVI (including equivalent vehicular offenses like underage DUI, aggravated vehicular homicide and assault) and BUI (boating) convictions to enhance penalties for either offense.
Mandatory Fines
The new law increased minimum OVI fines by $50.00, funding indigent ignition interlock and alcohol monitoring programs. The fines are as follows:
- 1st in 6 years: $375 to $1,075
- 2nd in 6 years: $525 to $1,625
- 3rd in 6 years: $850 to $2,750
- 4th or 5th in 6 years or 6th in 20 years (F-4): $1,350 to $10,500
- Subsequent felony (F-3): $1,350 to $10,500
Mandatory Assessment
The new law requires alcohol and drug assessment and any recommended treatment for all multiple offenders (2nd in 6 years or higher).
Mandatory Ignition Interlock
The new law requires ignition interlock if limited privileges are granted for all alcohol-related multiple offenders (2nd in 6 years or higher). Ignition interlock is discretionary with all drug-related multiple offenders and for 1st time offenders. Ignition interlock violations include operating a vehicle without the interlock, circumventing or tampering with the interlock, or getting locked out by positive alcohol test. Interlock violation penalties involve the use of secure continuous remote alcohol monitoring (SCRAM).
Immobilization Waiver
The new law allows court to waive immobilization for family hardship. Applies to immobilizations for 2nd offense in 6 years DUI convictions. A family or household member must file a waiter motion prior to immobilization order. Member is offender’s spouse, spouse-substitute, former spouse, or relative; relative of offender’s spouse, spouse-substitute, or former spouse; or offender’s child’s other parent, and the member must currently reside with offender. The Court must find the member is completely dependent on the vehicle for the necessities of life and immobilization would be an undue hardship. The Order will specify the member(s) who can drive the vehicle, that the offender can’t drive it, that a specified person pays the $50 fee, and that restricted plates are required. If the member permits the offender to drive the vehicle, they can be convicted of wrongful entrustment a misdemeanor of the first degree (M1), and the offender can be found guilty of operating in violation of immobilization waiver, also an M1.
REINSTATEMENT FEES
The new law increases DUI suspension reinstatement fees from $425 to $475. The increased amount ($50) goes to indigent drivers interlock and alcohol monitoring fund.
HABITUAL OFFENDER LIST
The new law requires the Department of Public Safety to create a public list of habitual OVI offenders no later than 12-29-08. The requirement applies to convictions on or after 9-30-08. The requirement only applies to convictions, not charges. The list applies to a 5th or subsequent offenders in 20 years prior to conviction date. The nature of the convictions covered are OVI, BUI, equivalent offenses (similar foreign and municipal prohibitions, aggravated vehicular homicide and aggravated vehicular assault), and physical control. The registry will include an Internet database, searchable by name, county, and zip code, containing at least the offender’s name, birth date, address, zip code, and number of Ohio convictions.
Senate Bill 17 – Bill Analysis
Our Ohio DUI/OVI defense attorneys are ready to stand up for you. If you have recently had an OVI/DUI/DWI arrest, contact our law firm in Cincinnati, Ohio, to learn more about how we can represent your rights and liberties in a court of law. Evening and weekend appointments are available for your convenience.
