Impaired-driving laws in both Ohio and Kentucky are evolving. In Ohio, major legislative reform known as “Liv’s Law” has already taken effect, significantly strengthening OVI (Operating a Vehicle Impaired) penalties and enforcement tools statewide. In Kentucky, lawmakers have introduced measures to increase penalties for repeated DUI offenses, including a bill to make third DUIs felony charges.
Below is an overview of these developments.
Ohio: Liv’s Law — Comprehensive DUI / OVI Reform (Effective April 9, 2025)
Ohio’s legislature passed House Bill 37 (HB 37) — commonly referred to as “Liv’s Law” — which was signed by Governor Mike DeWine and became law effective April 9, 2025. This is the most important DUI/OVI legal change in Ohio’s recent history and remains in force in 2026.
What Liv’s Law Does
1. Strengthened Penalties
-
HB 37 increases minimum fines for OVI offenses by about $190 across the board (e.g., first-offense minimum increases to $565).
-
Penalties for aggravated vehicular homicide involving drunk driving now include up to 20 years prison and substantially higher fines.
2. Expanded Enforcement Tools
-
Police are now authorized to use oral fluid (saliva) testing in suspected impaired-driving stops. Refusing this test is treated like refusing breath/blood tests under implied-consent law.
3. Ignition Interlock Device Requirements
-
HB 37 strengthens requirements for ignition interlock devices (IID) — breathalyzer devices installed in vehicles — particularly for repeat offenders.
4. License Suspension & ALS Rules
-
OVI arrests and subsequent ALS (Administrative License Suspension) rules have been updated, with mandatory IID installation in more cases for limited privileges and longer hard suspensions for repeat offenses.
Why It Matters in 2026
These changes apply to impaired driving cases charged in 2025 and beyond, including 2026. Defense strategies, prosecution policies, and enforcement protocols in Ohio reflect these enhanced penalties and expanded testing methods. Attorneys should account for these in OVI defenses, plea negotiations, and compliance guidance.
Kentucky: Proposed Upgrades to DUI Penalties (House Bill 220)
In Kentucky, DUI reform efforts are underway with House Bill 220 (HB 220), a legislative effort aimed at strengthening penalties for multiple DUI offenses. While not yet fully codified into law as of early 2026, this bill has received significant legislative traction and is a key development in Kentucky impaired-driving law.
Key Features of Kentucky’s HB 220
-
The bill would amend the DUI statute so that a third DUI offense within a 10-year period becomes a Class D felony — the lowest felony category under Kentucky law.
-
A minimum imprisonment term of 120 days would apply for third or subsequent DUI convictions under the bill.
-
HB 220 also seeks to align related provisions of state DUI statutes to conform to this felony-upgrade framework.
Current Status (2026)
As of the latest legislative records, HB 220 has passed the Kentucky House and moved to Senate committees. It has bipartisan support and represents a clear trend toward harsher penalties for repeat impaired-driving offenses in Kentucky.
Why This Is Important
-
Historically, Kentucky treated a third DUI as another misdemeanor with jail time of 30 days to one year.
-
HB 220 would escalate this to a felony, carrying broader consequences beyond jail time — including impacts on employment, housing, and civil rights — if enacted.
How These Changes Affect Drivers and Attorneys
For Drivers
-
Ohio: OVI charges now carry higher fines and more aggressive enforcement tools (like oral fluid testing), and ignition interlock devices may be required more often, even pre-conviction.
-
Kentucky: DUI offenders and their attorneys should watch ongoing legislative debates — especially HB 220 — which could change repeat DUI consequences as soon as the legislative session concludes.
For Attorneys
-
Defense strategies in Ohio must adapt to harsher statutory penalties and broader admissible evidence (e.g., oral fluid tests).
-
In Kentucky, advising clients about potential felony exposure on a third DUI — even before final passage — is critical for risk assessment and plea planning.
Conclusion
Both Ohio and Kentucky are moving toward tougher consequences for impaired driving:
-
Ohio’s Liv’s Law is already in effect, strengthening penalties, expanding enforcement, and adjusting license suspension rules.
-
Kentucky’s legislative session is actively considering upgrading third DUI offenses to felonies, which would represent a major shift in DUI policy if enacted.
An article focused on these changes gives readers up-to-date, authoritative information backed by primary legislative sources — exactly what you need for a 101% reliable blog post on DUI law in 2026.
Stay Informed on Ohio & Kentucky DUI / OVI Law Changes
Recent changes to DUI and OVI laws in Ohio — and proposed reforms in Kentucky — can significantly affect drivers’ rights, penalties, license suspensions, and criminal exposure. Increased fines, expanded testing methods, ignition interlock requirements, and potential felony classifications mean that even a first or repeat charge in 2026 carries more serious consequences than before.
If you or a loved one is facing a DUI / OVI charge, has questions about new enforcement tools, or needs guidance navigating Ohio or Kentucky traffic and criminal laws, experienced legal counsel is critical.
📞 Contact the Law Firm of Anna Korneeva today at (513) 334-3008 to discuss your situation, understand your rights, and protect your driving privileges and future.
