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New Ohio Law Increases Consequences for Repeat DUI Offenders

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Beginning Wednesday, April 9, Ohio’s new law, House Bill 37, also known as Liv’s Law, will take effect, imposing stricter penalties for repeat drunk driving (OVI) offenders, particularly in fatal cases.

Liv’s Law is named in memory of Olivia Wright, a 22-year-old who was tragically killed by a drunk driver near Ashville, Ohio, in 2020. This law is the result of the relentless advocacy by Olivia’s family, who worked to strengthen Ohio’s penalties for repeat OVI offenders. Their efforts aim to prevent similar tragedies from occurring in the future.

Harsher Sentences for Aggravated Vehicular Crimes

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.

This law establishes a tiered sentencing system based on the offender’s history.

  • First-time OVI-related aggravated vehicular homicide (F2):
    • Mandatory 2 to 8 years in prison
  • One prior OVI conviction within 20 years (F1):
    • Mandatory 6 to 20 years
  • Two or more prior OVI convictions (F1):
    • Mandatory 10 years to life

In addition, the maximum fine for aggravated vehicular homicide involving OVI has increased to $25,000.

Increased Fines and Longer License Suspensions

Fines for OVI offenses have also gone up under Liv’s Law:

  • First offense: Now a minimum of $565 (up from $375)
  • Second offense: Now a minimum of $790 (up from $525)
  • Third offense: Now a minimum of $1,275 (up from $850)

Driver’s license suspensions have been lengthened as well:

  • First offense: Suspension of 1 to 5 years (previously 1 to 3)
  • Second offense: Suspension of 2 to 10 years (previously 1 to 7)
  • Third offense: Suspension of 3 years to life (previously 2 to 12)

Tools for Law Enforcement

Liv’s Law introduces new measures for law enforcement to identify impaired drivers. Officers are now allowed to conduct oral fluid tests to detect both alcohol and drugs in suspected operating a vehicle under the influence (OVI) cases.

If a driver refuses to take an oral fluid test, they will face administrative license suspensions, similar to the penalties for refusing a breath or blood test under Ohio’s implied consent laws.