A new Ohio law recently took effect that increases the criminal penalties for some people convicted of killing or injuring someone while driving under the influence. It’s named “Liv’s Law” after a young woman who was killed by a drunk driver in Franklin County in 2020.
What does the law say?
Under the new law, judges can increase the sentence of anyone convicted of aggravated vehicular homicide involving operating a vehicle impaired (OVI), involuntary manslaughter or vehicular assault if the person:
- Has previously “been convicted of or pleaded guilty to a violation of one prior OVI offense within the previous twenty years,” or
- Has previously “been convicted of or pleaded guilty to one prior traffic related homicide, manslaughter, or assault offense within the previous twenty years.”
The more prior convictions a person has, the more their sentence can be increased.
The law also allows law enforcement officers to obtain an oral fluid sample from suspected impaired drivers. If a driver refuses to provide one, they can face an additional criminal charge.
One of the state lawmakers who sponsored this legislation says it “sends a strong message to deter impaired driving and keep our roads safer.”
While Ohioans may not feel like this law applies to them, it’s important to realize that any time someone gets behind the wheel under the influence of alcohol and/or drugs, they’re risking not just an OVI charge. They could potentially kill someone if they’re involved in a crash.
That means if someone with a single OVI conviction eventually causes a fatal crash while under the influence, that conviction can make a difference in how long they’re behind bars. Even a first-time OVI charge needs to be taken seriously, even if someone swears they will never drink and drive again. That’s just one reason it’s wise to get legal guidance to protect your rights and present your case.