COLUMBUS, Ohio (WCMH) – An incoming Ohio law will create harsher penalties for drunk driving and allow law enforcement to use a new method when testing motorists for alcohol.
Gov. Mike DeWine announced on Jan. 8 that he signed House Bill 37, sponsored by Mark Johnson (R-Chillicothe) and Kevin Miller (R-Newark). The incoming statute is named Liv’s Law after Olivia Wright, 22, who was killed by a drunk driver near Ashville in September 2020.
Johnson said he was inspired to work on the legislation when Olivia Wright’s father, Bryan Wright, raised concern to him about how weak Ohio’s laws regarding drunk driving were compared with other states.
“That promise that I made to her, the very first one, was that I would seek justice until my very last breath, and we [were] able to do that," Bryan Wright recently told NBC4.
The incoming law is specifically designed to address repeat offenders whose behavior results in the death of another person, Miller said.
Liv’s Law will increase the maximum fine for aggravated vehicle homicide to $25,000, which is $10,000 more than the current law allows. Currently, the offense is punishable by up to 15 years in prison when the defendant has had three or more OVI-related convictions in the past 10 years; the incoming law will increase the maximum sentence to 20 years and allow courts to consider offenses within the last 20 years.
Record amount of volunteers helps to better understand homelessness in central Ohio“As a former state trooper, I have personally witnessed the devastation caused by OVI offenders, many of whom were repeat offenders,” Miller said. “I have made those agonizing next of kin death notifications in the middle of the night to unsuspecting loved ones. As a result, this legislation was personal for me and is what inspired me to work on it.”
The incoming statute also increases the fines for all OVI offenses by $190 compared with current law. For example, the minimum fine for a first-time offense will rise from $375 to $565. Liv’s Law will also mandate the use of ignition interlocks, or breathalyzers, for individuals who have been charged with an OVI two or more times.
Another change that will come under the law includes that law enforcement will be authorized to collect oral fluid samples from drivers arrested for driving under the influence, while current law only includes blood, urine and breath testing.
Ohio House adopts new rules that some say dampen transparencyOral fluid testing offers a less invasive method, ideal for on-site testing, that provides rapid results and has shown a good correlation with actual alcohol concentration in blood samples, according to the National Library of Medicine. Similar to the other kinds of testing used in the state, refusing an oral fluid swab can result in a misdemeanor charge and penalties such as fines or jail time under Ohio’s implied consent laws.
Introduced in February 2023, the bill did not receive any opponent testimony throughout its hearings and unanimously passed the Statehouse on Dec. 18. The incoming law will go into effect on April 9.
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