State: 'No Refusal' law goes into effect today

AKRON -- Today (Sept. 30) will be the first day that the "No Refusal" law goes into effect in Ohio.  

The "No Refusal" Law no longer allows certain repeat drunk drivers to choose whether they take a breathalyzer test or not.  

Summit County Prosecutor Sherri Bevan Walsh, who authored the change in law, said, "Effective tomorrow, repeat drunk drivers who have a previous felony on their record, two DUI convictions in the last six years, or five DUI convictions in the last 20 years, will be required to submit to a mandatory breathalyzer test. Until now, these individuals could refuse a breathalyzer test and withhold key evidence to be used in their prosecution. That choice will no longer be available. If they refuse, they will be taken to the appropriate place to have their blood drawn or to provide urine."  

Senate Bill 17 passed the Ohio House of Representatives on June 10, 2008 and the Ohio Senate on May 10, 2007. The bill was signed by Governor Ted Strickland on June 27, 2008.  

The legislation, sponsored by Senator Timothy Grendell, strengthens Ohio's DUI laws in a number of ways, including the mandatory breathalyzer provision. Prosecutor Sherri Bevan Walsh authored the mandatory breathalyzer test condition and testified to both the Senate and House about the need for better evidence -- the level of intoxication, when prosecuting DUI cases.  

"According to national statistics from 2007, drunken driving deaths declined in 32 states," Walsh said. "Ohio was NOT one of those states. Ohio saw an increase in the number of deaths caused by drunk drivers. Nearly 13,000 people were killed nationwide by drunk drivers.  

"California had the greatest decrease in drunken driving deaths, with 117 fewer fatal crashes. California attributed the decrease to the more than 1,000 sobriety checkpoints conducted during 2007 and also a public awareness campaign encouraging motorists to dial 911 on their cell phones if they spotted a suspected drunk driver.  

"Clearly, we still have a lot of work to do in Ohio to reduce the number of drunk drivers and more importantly, the number of innocent victims who are maimed or killed by these drivers. I expect the implementation of this new law will be one of those important steps."