Harsher penalties for those caught driving under the influence to take effect in Ohio
Mar 31, 2025
COLUMBUS, Ohio (WCMH) – Ohio motorists who are caught driving under the influence will be hit with harsher penalties next week when Liv’s Law goes into effect.
After unanimously passing the Statehouse and gaining Gov. Mike DeWine’s signature, Liv’s Law will go into effect on Wednesday,
April 9. The legislation, sponsored by Reps. Mark Johnson (R-Chillicothe) and Kevin Miller (R-Newark), was named after Olivia Wright, 22, who was killed by a drunk driver near Ashville in September 2020.
“A constituent, Bryan Wright, brought this issue to my desk after losing his daughter, Olivia, to a drunk driver,” Johnson said in a news release. “He pointed out to me how weak Ohio’s laws are compared to other states in the nation, and that is what inspired me to work on this legislation in an attempt to try and deter any drunk driver from becoming a repeat offender.”
The implementation of the law means those charged with an OVI (Operating a Vehicle Under the Influence) will face increased fines, specifically an extra $190 compared with current law. For example, the minimum fine for a first-time offense will rise from $375 to $565, and the minimum fine for a second offense will rise from $525 to $715.
Liv’s Law will also increase the maximum fine for aggravated vehicular homicide to $25,000, which is $10,000 more than the current law allows. Additionally, right now 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.
“It is my hope that Liv’s Law will serve as a deterrent for those who have repeatedly decided to put the lives of others at risk all for the sake of their convenience,” Miller said in a statement.
The law will also allow police to collect oral fluid samples from drivers suspected of driving under the influence, while current law only permits blood, urine and breath testing. Oral fluid testing allows law enforcement to test for substance use on-site and receive results within minutes. 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.
Liv’s Law will also mandate those who have been charged with an OVI two or more times to use ignition interlocks, or breathalyzers, in order to start their cars. Currently, the court may or may not require the device on a second offense depending on what the individual’s blood alcohol content was.
Introduced in February 2023, Liv's Law did not receive any opponent testimony before it passed the Statehouse in December 2024. ...read more read less