More punch added to OVI driving laws

VW independent staff/submitted information

COLUMBUS — Penalties for getting behind the wheel while impaired are more harsh now, thanks to a new Ohio law that recently went into effect. It raises the penalty for aggravated vehicular homicide committed by drunk drivers and it increases penalties for other drunk driving offenses.

House Bill 37, also referred as “Liv’s Law,” creates greater penalties for repeat drunk driving offenders who’s actions have resulted in the death of another person. The legislation is named after Olivia Wright, 22, who was killed by a drunk driver in near Ashville in 2020.

Among other things, Liv’s Law has a tiered system that increases mandatory minimum prison sentences based on the number and nature of offenses. 

• First-time OVI-related aggravated vehicular homicide (second degree felony) – mandatory prison sentence of two to eight years.
• One prior OVI-related conviction within the past 20 years (first degree felony) – mandatory prison sentence of six to 20 years.
• Two or more prior OVI-related convictions (first degree felony) – mandatory prison sentence of 10 years to life.

The law also raises the maximum fine for aggravated vehicular homicide involving OVI to $25,000. Fines for OVI-related offenses also increase under the law:

• First-time OVI offense: the new minimum fine is $565. The previous minimum fine was $375.
• Second-time OVI offense: The new minimum fine is $790. The previous minimum fine was $525.
• Third-time OVI offense: The new minimum fine is $1,275. The previous minimum fine was $850.

In addition, the length of driver license suspensions for OVI convictions have been extended under the new law:

• First-time OVI offense – The length of license suspensions is now one to five years. The previous suspension length was one to three years.
• Second-time OVI offense – The length of license suspensions is now two to 10 years. The previous suspension length was one to seven years. 
• Third-time OVI offense – The length of license suspensions is now three years to life. The previous suspension length was two to 12 years.

Beyond harsher sentencing guidelines, Liv’s Law allows law enforcement officers to conduct oral fluid testing on suspected drunk drivers. Oral fluid testing can be used to detect both drugs and alcohol. Officers can then collect oral fluid samples from drivers arrested for OVI to detect the presence and type of drugs in their system. If a suspected impaired driver refuses the oral fluid test, they will be subjected to the administrative license suspensions imposed under Ohio’s implied consent laws, similar to those for refusing blood or breath tests.