Driving under the influence will carry harsher penalties under a new Ohio law.
A new DUI law in Ohio will allow law enforcement to test drivers for alcohol using a new technique and impose harsher penalties for drunk driving.
On January 8, Governor Mike DeWine declared that he had signed House Bill 37, which was sponsored by Kevin Miller (R-Newark) and Mark Johnson (R-Chillicothe). The new law is called Liv’s Law in honor of Olivia Wright, a 22-year-old who was killed in September 2020 by an intoxicated driver close to Ashville.
Johnson claimed that his inspiration to work on the bill came from Olivia Wright’s father, Bryan Wright, who expressed his worry about Ohio’s lax drunk driving laws in comparison to those of other states.
According to some, Ohio OVI defense lawyers under Liv’s Law, Ohio courts now have greater authority to impose stricter sentences on individuals with previous OVI convictions who are found guilty of serious offenses such as aggravated vehicular homicide, vehicular assault, or involuntary manslaughter.
In addition, the new law raises the penalties for all OVI offenses by $190 over the existing one. For instance, the minimum penalty will increase from $375 to $565 for a first-time infraction. In addition, Liv’s Law will require people who have been charged with an OVI twice or more to use breathalyzers, also known as ignition interlocks.
Law enforcement will also be able to take oral fluid samples from drivers who are arrested for driving under the influence, as opposed to the current law’s DUI/OVI chemical testing requirement that only blood, urine, and breath be tested.
According to the National Library of Medicine, oral fluid testing offers a less invasive technique that is perfect for on-site testing, yields quick results, and has demonstrated a satisfactory correlation with the actual alcohol concentration in blood samples. Under Ohio’s implied consent laws, refusing an oral fluid swab can result in a misdemeanor charge and penalties like fines or jail time, just like the other types of testing that are used in the state.
The bill was introduced in February 2023 and passed the Statehouse unanimously on December 18, 2024, without any opposition testimony during its hearings. The new law is scheduled to take effect on April 9, 2025.