July 2, 2025 | DUI
For defendants facing an OVI (Operating a Vehicle Impaired) charge in Cincinnati, understanding ignition interlock device (IID) laws is essential. The rules determining when you must install an IID can directly affect whether you can keep your driving privileges. For many people, compliance with these laws makes a difference between returning to everyday life or losing the chance to drive altogether.
When Ignition Interlock Is Required in Cincinnati, Ohio
Below is an overview of when an IID might be ordered and when it’s required in OVI cases.
First OVI Offense
If this is your first OVI in the last 10 years, the court generally has the discretion to order an IID but is not required to do so, unless you previously had a conviction for physical control of a vehicle while impaired within that decade.
A physical control charge in Ohio, unlike an OVI, does not require the vehicle to be moving and applies if you’re under the influence while sitting in the driver’s seat with access to the keys, even if the car isn’t running. A prior physical control offense means an IID becomes mandatory, even on a first OVI.
Second and Third OVI Offenses
The rules get stricter if you’re charged with a second or third OVI within 10 years. An IID becomes mandatory, and you won’t be eligible to have your license fully reinstated without installing and using the device.
Refusing Chemical Testing
Ohio law requires all drivers arrested for OVI to submit to a blood, breath, or urine test. If you refuse to take one of these tests, a judge will automatically require you to install an IID if you want to be eligible for driving privileges while your license is suspended.
Cost of IID in Ohio
In Ohio, anyone required to install an ignition interlock device must pay all associated costs out of pocket. On average, the device costs between $2.50 and $3.50 per day, which adds up over months of use.
Many IID providers, such as Intoxalock, have payment plans to help make these costs more manageable. Still, the total expense can quickly become a financial burden for drivers facing an OVI conviction.
Violations of IID Requirements (Annie’s Law)
Ohio courts take ignition interlock device violations very seriously. You may be penalized if you tamper with or attempt to bypass the IID, fail to install the device as the court ordered, drive a car that does not have the required IID installed, or provide a breath sample over the alcohol limit set by the device.
Consequences for IID Violations
If you are in violation, the court can double both your suspension period and IID requirement. Additionally, if you commit a violation within 60 days before your suspension is set to end, your suspension is automatically extended an extra 60 days from the date of your most recent violation. Failing to follow IID laws can significantly delay your return to regular driving and bring harsher penalties.
Defenses to Allegations of Ignition Interlock Device Violations
If you’re accused of violating Ohio’s IID rules, there are several defenses your defense lawyer may be able to use to challenge the allegations:
Device Malfunction
Sometimes an IID gives a false positive or records errors because of mechanical or calibration problems, not your actions. Maintenance records or expert testimony can help prove this wasn’t your fault.
False Readings
Certain non-alcoholic substances (such as mouthwash, certain foods, or medications) may trigger a false reading on the device. Evidence of these circumstances can cast doubt on whether a violation truly occurred.
Accidental Activation
If someone else, such as a passenger, accidentally triggered the ignition interlock device, you may be able to use this as a defense against a violation. Proving another person’s involvement can show you weren’t responsible for the alleged infraction.
Contact the Cincinnati Criminal Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers for Help Today
Successfully fighting IID violation accusations requires a thorough look at the device, your personal circumstances, and sometimes input from technical experts, so having a skilled defense lawyer in your corner is essential.
If you’re facing criminal charges, we’re here to help. Contact our Cincinnati DUI lawyers at Suhre & Associates DUI and Criminal Defense Lawyers at (513) 333-0014 for a free consultation today.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004,
Cincinnati, OH 45202
(513) 333-0014
Our firm is located near you. We have an office in Cincinnati
Find us with our GeoCoordinates: 39.76021017073285, -84.19487396301332
