Governor Kasich recently signed into law House Bill 388. This bill, also known as “Annie’s Law,” alters the current “look back” period for DUI / OVI in Ohio. The new language extends the look back provision of the law from 6 years to 10 years.
A “look back” period is the length of time that a prior DUI / OVI conviction or guilty plea will be factored into a person’s penalties. In Ohio, there is currently a 6 year look back period. This means that any previous conviction or guilty plea to DUI / OVI occurring within 6 years of the current DUI / OVI conviction is considered a first DUI / OVI offense under Ohio law. The court will then view the current DUI / OVI charge that is pending as a second DUI / OVI and impose more severe penalties upon conviction or plea of guilty.
Effective April 6, 2017, Annie’s Law will extend the look back period from 6 years to 10 years. For example, Daniel is convicted of DUI / OVI in 2007. Daniel then enters a guilty plea to DUI / OVI in 2017. Under the current law, the DUI / OVI conviction in 2007 would not enhance the 2017 DUI / OVI as it occurred outside the 6 year look back period.
However, under the new law, the 2007 DUI / OVI will be considered the first DUI / OVI and the 2017 DUI / OVI will be considered a second DUI / OVI because the look back period will be 10 years. Thus, instead of facing a mandatory minimum 3 days in jail, under the new law Daniel faces a mandatory minimum 10 days in jail.
Not only does Annie’s Law increase the amount of time a court may look back into a person’s driving record for DUI / OVI convictions, it also increases the length of the driver’s license suspension the judge must impose if a person enters a guilty plea or is convicted of a second or third DUI / OVI that occurred within the now 10 year look back period.
Under the old DUI / OVI law in Ohio, if a person had previously been found guilty of DUI / OVI within 6 years of a prior DUI / OVI, the maximum driver’s license suspension that could be imposed was 5 years. However, Annie’s Law provides that any prior DUI / OVI within 10 years could result in a driver’s license suspension of 7 years. Similarly, under the old law, if a person had a third DUI / OVI in 6 years, the driver’s license suspension would be up to 10 years. Annie’s Law increases that to 12 years.
Columbus and Delaware, Ohio DUI / OVI Attorney
If you have been charged with DUI / OVI in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio DUI / OVI attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in fighting the charges. Call (614) 987-0192 or send an email to schedule a consultation regarding your DUI / OVI case.
Johnson Legal, LLC serves the following cities in the central Ohio area for DUI / OVI Defense:
Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Mt. Gilead, Pataskala, Granville, Whitehall, Franklin County, Morrow County, Licking County, Union County, Madison County and Delaware County