Ohio judges oppose mandatory use of anti-DUI device


COLUMBUS (AP) — A bill requiring first-time drunk-driving offenders in Ohio to have sobriety-testing devices installed on their cars is being opposed by judges who say it handcuffs them from using their discretion.

The Ohio Judicial Conference said judges are in the best position to determine penalties for first-time offenders. The devices are mandatory for repeat offenders.

“Judicial discretion is fundamental to our democratic system of government,” Mark Schweikert, judicial conference executive director, said in a letter to the bill sponsors. “Mandatory sentences can have unintended practical consequences that are avoided when judicial discretion is preserved.”

Most first-time drunken drivers don’t repeat the offense, Schweikert said, and are able to be rehabilitated without punishments like the ignition devices.

Under current rules, a driver who refuses a blood-alcohol test automatically loses his license for a year. Someone who agrees to the test and is convicted generally receives a six-month suspension.

The change would require ignition-lock devices for convicted drivers who regain driving privileges during a suspension. The proposals are being offered by state Reps. Terry Johnson, a Scioto County Republican, and Gary Scherer, a Circleville Republican.