April 7, 2025 | DUI Law
A new DUI law, called Liv’s Law, will go into effect in Ohio on April 9, 2025. The law was passed after Olivia Wright, a 22-year-old, was killed by a drunk driver who only received a 5-year sentence.
Every Dayton driver must understand the new rules to ensure that they follow them. A DUI conviction could result in significant consequences, including a criminal record and jail time. The new laws are primarily designed to target repeat DUI offenders who cause fatal car crashes. However, there are other implications for people accused and convicted of other types of DUIs.
Increased Penalties
The first major change is an increase in the penalties for a DUI. Not every type of DUI charge has increased penalties, but many do.
Fines
The mandatory fine for a DUI is increased by $190 across the board. Previously, the mandatory minimum fines for a first-offense DUI was $375. The new fine is $565. The mandatory fine for a second offense was $525, and the third offense was $850. These fines are now $715 and $1040, respectively.
The maximum penalty for aggravated vehicular homicide committed by drunk drivers was previously $15,000 and is raised to $25,000.
Prison Time
Liv’s Law also increases the prison sentence for aggravated vehicular homicide committed by drunk drivers. Previously, the maximum sentence was 15 years in prison for offenders with three or more DUI convictions in the prior 10 years. The new law increases the maximum sentence to 20 years and allows the court to consider DUI convictions in the preceding 20 years.
New Ignition Interlock Rules
An ignition interlock device is a breathalyzer that is installed into a car. It tests the driver’s blood alcohol content before allowing the driver to start the engine. If the driver has alcohol in their system, then the car won’t start. Ignition interlock devices are common for people convicted of a DUI as a requirement to getting a restricted license.
Liv’s Law mandates that people charged with a DUI two or more times must have an ignition interlock installed in their car. This rule applies even if the driver was not convicted of the prior DUI.
New Oral Fluid Sample Rules
One of the most significant changes is the addition of a new oral fluid sampling and collection process. Before this law, the police could test BAC through either a breathalyzer, blood, or urine test. Each of these tests had varying degrees of reliability.
Now, police are authorized to collect an oral fluid sample from suspected drunk drivers. This collection method allows police to test for certain drug use, including marijuana, in addition to alcohol. Oral fluid analysis is very quick, and an officer can conduct the test within 10 minutes of taking the sample.
Oral fluid samples can be used by a police officer to establish probable cause for an arrest. However, these samples have shortcomings. The main problem is that the oral fluid sample cannot tell an officer whether or not the driver is impaired and how much alcohol or drugs are in the driver’s system.
If the officer gets a positive result on the oral fluid test, they may choose to arrest the suspect and then conduct a breath or blood test. The results of the breath or blood test could be admitted later in court, assuming the proper foundation is laid. Just as with a blood or breath test, a suspect could be charged with the misdemeanor crime of refusal for refusing to submit to a fluid sample test.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
These new DUI laws, particularly Liv’s Law, have significant implications for drivers in Dayton and across Ohio. The increased penalties and the introduction of new testing methods aim to make roads safer by targeting repeat offenders and those who drive under the influence of both alcohol and drugs. While these laws are tough on offenders, they also emphasize the importance of understanding the legal landscape and complying with the new requirements.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (937) 531-0435 or visit us at our Dayton Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Dayton
130 West Second Street #17-129
Dayton, OH 45402
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