As an Ohio DUI defense attorney with extensive experience in this field, I aim to clarify the significant changes to Ohio's DUI laws introduced by House Bill 37 (also known as “Liv’s Law”). These modifications impact penalties, testing procedures, and license suspension requirements. House Bill 37 was passed by both legislative houses on December 18, 2024, is anticipated to be signed by the governor, and will take effect in 90 days.

New Oral Fluid Testing Authority

One of the most important changes is the introduction of oral fluid testing for DUI enforcement. Law enforcement officers will now be authorized to collect oral fluid samples from drivers arrested for DUI. Here are the key points:

This test can detect the presence and type of drugs in your system.
Similar to blood and breath tests, refusing to take an oral fluid test will incur penalties under Ohio's implied consent laws.
The results of these tests can serve as evidence for general DUI charges but not for "per se" violations (specific concentration limits).

Changes to Financial Penalties

The bill modifies the financial implications of a DUI conviction, increasing minimum fines by $190.00:

First Offense (within 10 years)

Current Minimum Fine: $375
New Minimum Fine: $565
Maximum Fine: $1,075

Second Offense (within 10 years)

Current Minimum Fine: $525
New Minimum Fine: $715
Maximum Fine: $1,625

Third Offense (within 10 years)

Current Minimum Fine: $850
New Minimum Fine: $1,040
Maximum Fine: $2,750

Fourth/Fifth Offense (within 10 years) or Sixth Offense (within 20 years)

Current Minimum Fine: $1,350
New Minimum Fine: $1,540
Maximum Fine: $2,750

License Reinstatement Fee Changes

While fines are increasing, the new bill reduces license reinstatement fees by $160 (from $475 to $315). This results in a net increase of $30 in total financial penalties.

Driver's License Suspensions and Restrictions

HB 37 also alters 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. Basically, for the purposes of a hard suspension with a first-time OVI, courts will impose second-in-ten hard suspensions if the person had a prior physical control conviction.

First in 10 OVI:

Current Law:

Over the Limit Test:
- 15-day hard suspension.
- Interlock permissive.
Refusal:
- 30-day hard suspension.
- Interlock permissive.

HB 37:

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.

Second in 10 OVI:

Current Law:

Over the Limit Test:
- 45-day hard suspension.
- Interlock permissive for low-tier OVIs, but required for high-tier OVIs.
Refusal:
- 90-day hard suspension.
- Interlock required if it involves an alcohol-related OVI.

HB 37:

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.

Aggravated Vehicular Homicide: Enhanced Penalties

House Bill 37 dramatically strengthens the penalties for aggravated vehicular homicide when it results from drunk or drugged driving. 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).

First Tier - Base Level Offense

This tier applies when a person commits aggravated vehicular homicide as the proximate result of driving under the influence, with no other aggravating factors. It is classified as a second-degree felony, carrying a mandatory prison term of 2 to 8 years.

Second Tier - First Level Enhancement

If any of the following factors apply, the offense is elevated to a first-degree felony with a mandatory prison term of 3 to 11 years:

The offense occurred while driving under suspension or without a valid license.
The offender has one prior OVI conviction within the past 20 years.
The offender has one prior traffic-related homicide, manslaughter, or assault conviction within the past 20 years.

Third Tier - Second Level Enhancement

This consists of a first-degree felony with an increased mandatory prison term of 5 to 15 years if any of the following apply within the past 20 years: