On December 18, 2024, the Ohio Senate passed House Bill 37, and with the passage of HB 37, the following changes are anticipated for OVI’s in Ohio:
Oral Fluid Testing
Under the new law, if police suspect a driver of operating a motor vehicle while under the influence, they will be authorized to conduct an oral fluid test. Oral fluid tests detect alcohol, controlled substances, and metabolites. To perform an oral fluid test, police will swab the inside of the driver’s mouth at the cheek and tongue, and the swab is then analyzed with immunoassay testing kits. The results of the swab can then be used to make an arrest and/or as evidence. Should the driver refuse the oral fluid test, he or she will be subject to the administrative license suspensions imposed under Ohio’s implied consent laws.
Administrative License Suspensions or “ALS” and Restrictions
In first offense cases with a test over, the 15 day “hard time” suspension can now be waived by the Court and limited driving privileges can be granted immediately; however, the ALS for first offenses that are refusal cases still require a 30 day hard time suspension.
The new law also provides for an enhancement of the ALS in first offense cases where the driver has a prior physical control conviction. In a first offense case with a test over and prior physical control conviction, the hard time suspension is enhanced to 45 days and interlock is mandatory. In a first offense case with a refusal and prior physical control conviction, the hard time suspension is enhanced to 90 days and interlock is also mandatory.
For a second offense with a test over, the hard time suspension is 45 days and interlock is mandatory. For a second offense with refusal, the hard time suspension is 90 days and interlock is mandatory.
Financial Penalties Increased
Under the new law, minimum mandatory fines for OVI offenses will be increased. For a First Offense, minimum mandatory fines will increase from $375 to $565. For a second offense, minimum mandatory fines will increase from $525 to $715. And for third offenses, minimum mandatory fines will increase from $850 to $1040. Maximum fines will remain unchanged.
Reinstatement Fees Decreased
The fees charged by the BMV to reinstate a driver’s license will decrease from $475-$315.
If you or a loved one has been charged with an OVI offense, contact Hartwig Law LLC at 330-899-4446 today and schedule a free consultation.