States across the country continue to take a harder stance on driving under the influence, especially when repeat offenses result in tragedy. A new Ohio law, known as Liv’s Law, reflects this trend by substantially increasing criminal and administrative penalties for repeat DUI offenders. While the law specifically affects Ohio drivers, it signals a broader movement toward stricter DUI enforcement policies that could influence other states, including Illinois. Understanding how these laws evolve and how they differ by state is essential for anyone facing DUI charges or concerned about how a prior conviction might affect their future. If you have been accused of impaired driving in Illinois, it is critical to speak to a skilled Illinois DUI defense attorney about your rights.
The Ohio Law
It is reported that the Ohio legislature passed House Bill 37, commonly known as Liv’s Law, which is scheduled to go into effect on April 9. The law specifically targets individuals who commit aggravated vehicular homicide while under the influence of drugs or alcohol and have a prior OVI (Operating a Vehicle Impaired) conviction. Liv’s Law was named after a 22-year-old woman who was killed by a repeat DUI offender in 2020. The legislation was reportedly spearheaded by the victim’s family to bring justice to victims of impaired driving and close perceived gaps in the state’s sentencing statutes.
It is alleged that Liv’s Law will create a new tiered sentencing scheme that mandates increasingly harsh penalties based on a defendant’s prior OVI history. A first offense of OVI-related aggravated vehicular homicide is now punishable by a mandatory prison sentence of two to eight years. A defendant with one prior OVI conviction within the last 20 years faces six to 20 years in prison. For offenders with two or more prior OVIs, the minimum sentence will be 10 years, with the possibility of life in prison. The law also raises the maximum fine for such offenses to $25,000 and increases the minimum fines for other DUI convictions across the board.
It is reported that Liv’s Law includes provisions that lengthen driver’s license suspension periods for DUI convictions. First-time offenders now face suspensions of up to five years, and third-time offenders may face lifetime revocation. The law also allows police officers to collect oral fluid samples, essentially roadside saliva tests, when DUI is suspected. A refusal to comply with such testing will reportedly trigger the same administrative license suspensions as a refusal to submit to a breath or blood test.
Illinois Law Also Imposes Serious Penalties for DUI and Repeat Offenses
Under Illinois law, driving under the influence is governed by 625 ILCS 5/11-501. A person may be convicted of DUI if they operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher or are otherwise impaired by drugs or alcohol to a degree that renders them incapable of driving safely. Illinois courts do not require that a driver be observed actively driving. A person found in “actual physical control” of a vehicle, such as sitting in the driver’s seat with the keys in the ignition, may also be charged.
Repeat DUI convictions in Illinois carry mandatory enhanced penalties, including increased jail time, higher fines, extended license suspensions, and mandatory installation of a Breath Alcohol Ignition Interlock Device (BAIID). A third DUI is a Class 2 felony, and a fourth conviction is a non-probationable offense that may result in permanent revocation of driving privileges. Like Ohio, Illinois is an implied consent state. Drivers who refuse chemical testing face automatic license suspension, and those suspensions are often upheld unless challenged through an administrative hearing.
Consult a Trusted Illinois DUI Defense Attorney
If you have been charged with DUI or face a license suspension due to refusal of chemical testing, you need legal guidance from someone who understands the complexities of Illinois DUI law. Theodore J. Harvatin of the Harvatin Law Offices, PC, is a trusted Illinois DUI defense attorney with decades of experience defending clients in DUI and license reinstatement matters. To learn more about your rights or to schedule a confidential consultation, contact Mr. Harvatin at (217) 525-0520 or fill out our online form today.