This month on April 9^th, Ohio OVI law Changes went into effect under the legislation called “Liv’s Law”. Not only does Liv’s Law aim to increase safety on the road but also to increase penalties and fines for those charged.

Ohio OVI Law Changes Effective April 9

Liv’s Law changes increase fines for first, second, and third time offenders of Operating a Vehicle Under the Influence and aggravated vehicular homicide. Liv’s Law also implements the use of oral fluid testing, which produces an immediate result to law enforcement when testing whether someone is under the influence.

Enhanced Aggravated Vehicular Homicide Penalties

When resulting from drunk or drugged driving, House Bill 37 dramatically strengthens the penalties for Aggravated Vehicular Homicide. The bill increases the maximum possible fine to $25,000 and creates a new four-tier system of mandatory prison terms based on prior offenses, with a lengthened lookback period of 20 years (increased from 10 years).

Changes to Financial Penalties

All maximum fines remain unchanged for OVI criminal charges, the minimum fines change as follows,

• 1^st time OVI Criminal Fine changes from $375 to $565
• 2^nd time (within 10 years) changes from $525 to $715
• 3^rd time (within 10 years) changes from $850 to $1,040
• 4^th and 5^th (within 10 years) or 6^th (within 20) changes from, $1,350 to $1,540
• Prior felony-OVI changes from $1,350 to $1,540

The law also mandates that a fraction of the fine must be deposited in a special project funds account in the sentencing court if available. Otherwise, it will be allocated to the Indigent Drivers Interlock and Alcohol Monitoring Fund, and Statewide Treatment and Prevention Fund.

While fines are increasing, the act decreases license reinstatement fees by $160, from $475 to $315.

OVI Oral Fluid Testing

For the purposes of OVI enforcement, chemical testing by use of oral fluid has been introduced. Although it cannot measure the concentration of a drug or metabolite of a drug, it detects the presence. The portion of the law will,

• Authorize the use of oral fluid as evidence to general DUI but not for “per se” violations (above a certain limit)
• Potentially, force the offender to reimburse the cost of the testing oral fluid
• Include Oral Fluid testing in the Implied Consent Laws
• Apply penalties to those arrested who refused oral fluid testing

License Suspensions and Driving Privileges

House Bill 37 changes the framework surrounding license suspensions and driving privileges for first and second OVI offenses within ten years. Understanding your category is vital for knowing your rights. “Hard suspension” periods refer to times when courts are not permitted to grant driving privileges. With a first-time OVI, courts will impose second-in-ten hard time suspensions if a person has a prior physical control conviction.

The New Law:

• Over the Limit Test:
  • 15-day hard suspension, but the court can waive the 15 days.
  • Interlock permissive.
• Over the Limit Test with a Prior Physical Control Conviction Within 10 Years:
  • 45-day hard suspension.
  • Interlock required if it involves an alcohol-related OVI.
• Refusal:
  • 30-day hard suspension.
  • Interlock permissive.
• Refusal with Prior Physical Control Conviction Within 10 Years:
  • 90-day hard suspension.
  • Interlock required if it involves an alcohol-related OVI.

2nd Offense in 10 years:

• Over the Limit Test:
  • 45-day hard suspension.
  • Interlock required if it involves an alcohol-related OVI.
• Refusal:
  • 90-day hard suspension.
  • Interlock required if it involves an alcohol-related OVI.

What We Can Do

Ohio OVI and DUI laws are lengthy and complex, making understanding the penalties and suspensions difficult and confusing. If you are facing an OVI charge in the state of Ohio and need proven legal help, go to our Contact Us page and submit a request. Brien Miller, our head of Criminal Defense Law with OVI jury trial experience, will be able to discuss possible options and outcomes with you to determine the best course of action.