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Ohio has passed reforms, House Bill 163, in order to discourage motorists from refusing DUI tests and to cut back on DUI incidence. The changes include subjecting repeat DUI offenders refusing to take a blood, breath or urine test to the same penalties as if they had tested a blood alcohol content (BAC) level of a .17 or above. Previous Ohio DUI laws of first offenders testing below a .17 BAC level were not required to display a yellow "restricted" plate, but now the law says a judge could use his or her discretion to overrule this.
In addition, a new felony DUI provision requires a mandatory prison sentence of one to five years if an offender has five or more DUI convictions in the past 20 years. The new Ohio DUI laws are presenting DUI attorneys in the state new problems. Since some defense attorneys advise clients against taking a blood alcohol test if stopped by law enforcement, the way clients are advised will have to change.
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