OVI Law Changes [127th General Assembly - Senate Bill 17] Frequently Asked Questions (FAQ)

OVI Law Changes

127^th General Assembly - Senate Bill 17
Frequently Asked Questions (FAQ)

The Ohio Department of Public Safety is an administrative agency and is required by law to implement the requirements of Senate Bill 17, effective September 30, 2008.

Q1:

Can I still refuse a sobriety test if I am requested to do so by law enforcement?

A1:

If you have had 2 or more OVI/OMWI (or equivalent offense) convictions, you can no longer refuse an alcohol or drug test. Senate Bill 17 requires a law enforcement officer to obtain a chemical alcohol or drug test by "whatever reasonable means are necessary," from offenders who have previously pleaded guilty or been convicted of 2 or more violations.

Q2:

What are "OVI/OMWI or equivalent offenses?"

A2:

Senate Bill 17 makes OVI and OMWI offenses equivalent, as well as equivalent to other offenses. This applies for the purposes of determining whether an individual can refuse the Blood Alcohol Content (BAC) tests administered by law enforcement.

This is a list of abbreviations and offenses considered "equivalent" to OVI/OMWI:

OVI: Operating a Vehicle under the Influence of Alcohol
OMWI: Operating a Motor Watercraft under the Influence of Alcohol
Equivalent Offenses:

Vehicular Homicide

Driving under the influence of Drugs/Opiates

DUI Municipal

Vehicular Assault

Vehicular Homicide

Aggravated Vehicular Homicide (not alcohol related)

Aggravated Vehicular Assault w/ Alcohol

Aggravated Vehicular Homicide w/ Alcohol

Vehicular Manslaughter

Involuntary Manslaughter w/ Alcohol

OVUAC: Operating a Vehicle with Alcohol Consumption

OVI Felony

Physical Control

OVI Refusal

CDL OVI (BAC .04 or higher)

Q3:

What constitutes "reasonable means?"

A3:

The statute does not define "reasonable means." However, the officer no longer needs to obtain a warrant to require the offender to submit to the alcohol test.

Q4:

I have an immobilization order, but my family relies on my vehicle. How can I obtain permission for them to drive my vehicle?

A4:

An immobilization waiver may be ordered by the court to a family that is perceived to have undue hardship as a result of an immobilization order. You must contact the court to obtain a hardship waiver.

Q5:

I have had a previous refusal or OVI, how long is my suspension period?

A5:

Here is a list of violations and suspension times:

1 previous violation or refusal = 2 years
2 previous violations, or 1 violation and 1 refusal = 3 years
3 or more previous violations or any combination of 3 violations and refusals = 5 years

Q6:

Did Senate Bill 17 change reinstatement fees?

A6:

Yes. Reinstatement fees have increased by $50 dollars. Effective September 30, 2008, reinstatement fees increase from $425 to $475. The additional $50 will be distributed to indigent drivers' alcohol treatment funds.