A new law imposing tighter sanctions for OVI/OMWI offenders in Ohio takes effect on September 30. Driving under the influence continues to be a major problem across the state, as well as nationwide. SAMHSA reported that, between 2004-2006 15.7 % of Ohioans (15.1% nationwide) age 18 and older drove under the influence of alcohol at least once in the past year. The SAMHSA report also shows that nearly 1 in 20 adult drivers nationwide drove under the influence illicit drugs or prescription drugs used non-medically, and statistics for Ohio are comparable (4.8 %). Data released by the National Highway Traffic Safety Administration reported that drivers with a measurable blood alcohol concentration at the time of a fatal crash were 4-8 times more likely to have had a conviction for driving while intoxicated within the past three years than drivers who had not been drinking. Provisions in the new Ohio law include:
• Persons arrested for OVI or OMWI must submit a blood, breath or urine test, if they have previous convictions for two or more OVI/OMWI offenses.
• Watercraft OVI offenses and other municipal or out of state violations that are equivalent to Ohio’s OVMI law will now be counted as prior offenses and considered when imposing repeat vehicle OVI penalties
• Law enforcement officials may employ whatever “reasonable means” necessary to ensure the person submits to a blood test, and the court will admit the evidence regardless of whether the sample was obtained by consent, search warrant, or compelled by “reasonable means”
• All convicted repeat OVI offenders must equip their vehicles with ignition interlock devices during the period of suspension. Provisions are included to address family hardships.
• Offenders who operate a vehicle not equipped with an ignition interlock or who tamper with the device, may be subject to Secure Continuous Remote Electronic Alcohol Monitoring (SCRAM). Also, the courts can authorize the use of SCRAM for defendants charged with multiple OVI offenses. Offenders previously convicted of felony OVI are required to submit to SCRAM in order to receive driving privileges.
• A public registry of offenders convicted of five or more OVI/OMWI offenses within 20 years will be kept with the Ohio Dept. of Public Safety.
• Importantly, all offenders must undergo an alcohol and drug abuse assessment and follow treatment recommendations.

Studies show that access to treatment services in conjunction with appropriate community controls, including alcohol monitoring technology, can be effective in reducing drunken driving and highway fatalities associated with alcohol or drugs. Clermont County is fortunate to have a specialized DUI Court – the first in Ohio- to address the problem. During 2007, 73 offenders with an average of 4.25 DUIs each, participated in the rigorous voluntary DUI Court program.

Sources: Summary of SN 17 provided by Judge James Shriver, Clermont Municipal court and member of the Ohio Judicial Conference. For the full text of the legislation, visit www.legislature.state.oh.us See also ODADAS Legislative Update, June 2008. For the SAMHSA report, go to www.samhsa.gov/newsroom/advisories/0804223939.aspx. CESAR from NHTSA, “Alcohol-Impaired Driving,” Traffic Safety Facts 2006 Data, March 2008. http://www.nhtsa.gov.