MADD State law overview 2022 all states

Ohio Ohio requires judges to order interlocks for repeat offenders and allows judges the option to order interlocks for first-time offenders. From 2006 to 2020 in Ohio, interlocks stopped 34,927 attempts to drive drunk with a breath alcohol concentration of .08 or greater, including 4,438 attempts to drive drunk in 2020. Why does MADD not call the law all-offender? Judges are not required to order the use of interlocks for any first-time offender.

Grade: F (11/100) Ohio gives judges too much discretion and the use of ignition interlocks is an afterthought in sentencing drunk drivers. The state should enact an all- offender law and make the use of interlocks mandatory for all drunk drivers.

Process to obtain an ignition interlock 1. Serve any jail or suspension time, as well as completing an educational program and any community service. 2. File an SR-22 insurance form as proof of financial responsibility to the Ohio Bureau of Motor Vehicles (BMV). 3. Schedule an appointment to have an interlock device installed. 4. Pay all your applicable fees to the Ohio BMV. 5. Complete court regulations as well. Ignition Interlock Law Overview and MADD Legislative Recommendations How soon can an ignition interlock be installed? Duration on ignition interlock Legislative Recommendation First offense 15 days after conviction 6 to 18 months

Require interlocks for all first- time convicted drunk drivers. Allow for interlock use for refusals. Eliminate any IID waiting period.

1 to 4 years

Second offense

45 days after conviction

Interlocks not available for first-time refusals

First refusal

Can a drunk driver wait out an interlock order?

Yes

Legislative Recommendation

Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.

Compliance based removal? Yes Any interlock violation committed by a person during the last 60 days of the suspension extends the interlock use and suspension for another 60 days from the violation. A person has a right to appeal any interlock extension. Compliance-based removal of an interlock is important in making sure drunk driving behavior changes. An interlock violation is defined as: 1) Tampering or circumventing the device and 2) Registering a reading of .025 BAC or greater while on the device. Day-for-Day credit for early installation? No Legislative Recommendation Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction. Interlocks required for plea agreements or diversion? No

Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.

Legislative Recommendation

Affordability program? Yes $50 of the reinstatement fee paid by a drunk driver is deposited into the special projects fund of the court in which the offender was convicted to be used exclusively to cover the cost of interlocks for indigent offenders who are required by a judge to use either of these devices. Sources: §4510.43, §4510.44, §2951.02(G)(2) and (3)

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