On April 9, 2025, Ohio implemented House Bill 37, known as “Liv’s Law,” a legislative initiative named in memory of 22-year-old Olivia Wright, who tragically lost her life to a repeat OVI (Operating a Vehicle Impaired) offender. This law represents a significant overhaul of Ohio’s approach to impaired driving, integrating advanced enforcement tools with stricter penalties to enhance public safety.
A cornerstone of Liv’s Law is authorizing oral fluid testing for OVI enforcement. This method allows law enforcement officers to collect oral fluid samples from individuals arrested for OVI offenses, enabling the detection of drugs or alcohol presence with immediate results. While these tests do not measure concentration levels, they are valuable in identifying impairment. Refusal to submit to an oral fluid test incurs the same penalties as refusing a breath or blood test under Ohio’s implied consent laws.
In tandem with enhanced detection methods, Liv’s Law imposes stricter sentencing for individuals convicted of aggravated vehicular homicide, vehicular assault, or involuntary manslaughter, particularly targeting repeat OVI offenders. Notably, the maximum prison term for aggravated vehicular homicide has increased from 15 to 20 years, and the maximum fine has risen to $25,000.
The legislation also mandates the installation of ignition interlock devices (IIDs) for individuals with multiple OVI convictions. Previously optional, IIDs are now compulsory for second-time offenders seeking limited driving privileges.
Financial penalties have been elevated across all OVI offense categories. First-time offenders now face a minimum fine of $565, up from $375, while second-time offenders see an increase from $525 to $715.
Drivers in Ohio should be aware of these significant changes and exercise additional caution. The introduction of oral fluid testing means that law enforcement has more tools to detect impairment, making it more likely for impaired drivers to be caught and penalized.
If you need OVI representation or have questions about your rights in light of these changes, please get in touch with L. Michael Bly or Deztany Johnson at 937.223.1130.
