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HOUSE BILL 37: The Harsh New Sanctions in Ohio’s New OVI Law
House Bill 37, also known as “Liv's Law,” changes Ohio's OVI laws in a number of significant ways. The new bill presents a minefield of increased penalties and increased obstacles to obtaining even limited driving privileges. You will need an experienced OVI attorney like Olivia Myers to protect your rights, your driving privileges and your livelihood, if you become ensnared with an OVI prosecution, especially in view of the provisions of this new bill.
Aggravated Vehicular Homicide Penalties
The bill establishes a new, tiered-system, based on the number of prior offenses and the nature of the offense, in order to trigger increased minimum mandatory prison terms for aggravated vehicular homicide that is the proximate result of operating a vehicle while
under the influence of alcohol, a drug of abuse, or a combination of them (OVI) offense. (See the OVI Related Aggravated Vehicular Homicide Sentencing Table below).
Further, H.B. 37 increases the possible financial penalties for aggravated vehicular homicide committed, as the proximate result of an OVI offense, by raising the maximum fine to $25,000.00. Default felony financial penalties are found in ORC § 2929.18, which is not part of the bill.
Oral Fluid Testing
The bill adds the chemical test of oral fluid for purposes of OVI enforcement. While the chemical tests of oral fluid, under the bill, cannot specify the concentration of a drug of abuse or a metabolite of a drug of abuse, it can detect the presence and type of drug of abuse or its metabolite. Accordingly, the chemical test of oral fluid cannot be used to establish a per se violation of OVI law (i.e., that the accused motorist had a concentration of alcohol, a drug of abuse, or a metabolite of that drug that was above the legal limit). See ORC §§ 3701.143; 4511.19(D). However, the chemical tests of oral fluid can be used as evidence that the accused motorist operated a vehicle while “under the influence of alcohol, a drug of abuse, or a combination of them.”
The Oral Fluid Testing procedure is subject to the same implied consent is given for the current collection and testing of breath, urine, whole blood, blood serum, and plasma. Further, the penalties for refusal and the imposition of costs for the testing are the same as the current requirements for the testing of breath, urine, whole blood, blood serum, and plasma. See ORC §§ 4511.19(G)(8); 4511.191 and 4511.192.
H. B. 37 also adds conforming changes to the law governing OVI while operating a watercraft or a commercial motor vehicle and governing the release of drug test records in criminal cases. See ORC §§ 1547.11; 1547.111; 2317.02; 2317.022 and 4506.17.
Limited Driving Privileges and Ignition Interlock Devices
The bill increases the instances when an OVI offender must agree to use of an ignition interlock device in order to be granted limited driving privileges, both for in-state and out-of-state offenses. See ORC §§ 4510.13; 4510.17. Current law separates OVI-offenders into three categories for purposes of driver’s license suspensions. See ORC §§ 4511.19(G); 4511.191(B), (C).
In one of the only concessions to an accused motorist, the Court may waive the 15-day hard suspension for an alleged first offender of a “physical control offense,” who did not refuse the chemical testing at the time of the arrest for suspected OVI. See ORC § 4510.13(A)(5)(a)(i); a “physical control offense” is described as when the accused is in the driver’s seat position, in possession of the ignition key or other ignition device, while under the influence of alcohol, a drug of abuse or a combination of them. While the accused is not operating the vehicle at the time of the arrest, the accused is in a position to do so at the time of the arrest. (See ORC § 4511.194, not in the bill). However, even the granting of limited driving privileges is likely to require the installation of an ignition interlock device on the motor vehicle.
Financial penalties
The bill increases the overall minimum financial penalties for an offender who operates a vehicle while under the influence by $30. The bill does so by increasing the minimum criminal fines for OVI by $190 and lowering the related reinstatement fee for a driver’s license suspension associated with the OVI by $160. To account for these changes in financial penalties, the bill adjusts the distributions of revenue derived from reinstatement fees and criminal fines.
Admonitions to a convicted motorist
The new bill provides that the Court may warn the convicted motorist that the unlawful termination of another’s pregnancy may result in the person being guilty of Aggravated Vehicular Homicide under ORC § 2903.06. Further, the Court may warn the person of the applicable penalties for the violations under ORC §§ 2903.06 and 2929.142.
