OHIO — The penalties for driving while intoxicated have gotten harsher in the Buckeye State.
Liv's Law is now in effect in Ohio. It targets repeat offenders by giving courts the authority to impose enhanced sentences on offenders with previous OVI convictions if they are found guilty of aggravated vehicular homicide, vehicular assault or involuntary manslaughter.
The law introduced a tiered system that increased the mandatory minimum prison sentences based on the number and nature of the offenses. It also increased the maximum fine for aggravated vehicular homicide involving OVI to $25,000.
Liv's Law also allows police officers to collect oral fluid samples from drivers suspected of driving under the influence. Before, the law only permitted blood, urine and breath tests, but the Ohio State Highway Patrol said that sometimes, those tests have their limitations.
"The breath test would not pick up the presence of drugs," Captain Christopher Kinn said. "With blood, we have a challenge that law enforcement officers can't just collect blood from someone that's been arrested. We'd have to take them to a hospital and get them processed that way."
Oral fluid samples can return results within minutes, and refusing such tests can result in criminal charges.
It will also now mandate those who have been charged with an OVI two or more times to use breathalyzers to start their vehicles.
The law is named after Ohio native Olivia Wright, who was killed by a drunk driver in 2020 in Franklin County.
