Ohio increases impaired driving penalties

SANDUSKY — A new law that went into effect recently enhances penalties for those convicted of impaired driving. House Bill 37 was passed during Ohio's previous legislative General Assembly. It was signed by Gov. Mike DeWine and came into effect on April 9. The new law raises penalties for people convicted of operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, commonly referred to as OVI. What the bill does Establishes a tiered-system based upon the number of prior OVI offenses in order to determine increased mandatory minimum prison terms for aggravated vehicular homicide that is a result of OVI. This new system has four tiers. First tier: Aggravated vehicular homicide when the offender commits OVI is a second-degree felony punishable by up to eight years in prison. Second tier: Aggravated vehicular homicide when the offender commits OVI and the driver is under suspension or has no operator's license is a first-degree felony punishable by up to 11 years in prison The second tier also includes OVI aggravated vehicular homicide when the driver has a previous OVI conviction in the previous 20 years. This tier also includes people who have one prior conviction for traffic-related homicide, manslaughter or assault within the previous 20 years. Third tier: Aggravated vehicular homicide when the offender commits OVI and any of the following makes this a first-degree felony punishable by up to 15 years in prison: Two prior OVI offenses within 20 years. Two prior traffic-related homicide, manslaughter or assault offenses within the previous 20 years. Two prior offenses of any combination of OVI or traffic-related homicide, manslaughter or assault offenses within the previous 20 years. Fourth tier: Aggravated vehicular homicide when the offender commits OVI and any of the following makes this a first-degree felony punishable by up to 20 years in prison. Three prior OVI offenses within 20 years. Three prior traffic-related homicide, manslaughter or assault offenses within the previous 20 years. Three prior offenses of any combination of OVI or traffic-related homicide, manslaughter or assault offenses within the previous 20 years. Oral fluid testing The bill also includes a new test type for impaired driving: oral fluid testing. Oral fluid testing can reveal the presence of a drug of abuse and what type it is, or what the drug breaks down into, called a metabolite. It cannot, however, determine a concentration amount in the person's system. The law includes an implied consent provision that basically says anyone who drives is accepting responsibility and providing consent for such a test. The test would need to be paired with another test that can determine the concentration of the drug or metabolite in the person's system. Financial penalties H.B. 37 increases the maximum fine for aggravated vehicular homicide from $15,000 with no prior offenses to $25,000. Under previous law, if the offender had certain prior offenses, the violation was a first-degree felony with a maximum fine of $20,000. The new law increases the financial penalty for an OVI conviction by a net of $30. The minimum fine for an OVI conviction is increased by $190. The reinstatement fee is lowered by $160. Before implementation of the bill, the minimum fine for a first OVI conviction was $375. Under the now current statute, the minimum is increased to $565. The maximum penalty remains unchanged at $1,075. Offense&emsp;&emsp;&emsp; Previous minimum New minimum Maximum (unchanged) 2nd time offender (within 10 years) $525 $715 $1,625 3rd time offender (within 10 years) $850 $1,040 $2,750 4th or 5th time offender (within 10 years); or 6th time offender (within 20 years) $1,350 $1,540 $10,500 Prior felony OVI-offender (no time limit) $1,350 $1,540 $10,500 The bill also changes how fines and reinstatement fees are allocated, including to special project funds. These funds, administered by the court, cover costs related to vehicle immobilization and installation of interlock ignition devices on vehicles for drivers who are found to be indigent. For courts without special project funds, the $125 of the fine that would have gone into them are instead sent to the Indigent Drivers Interlock and Alcohol Monitoring Fund.