As Ohio prepares to celebrate the end of 2003 and to ring in 2004, law enforcement officials will once again be out in force to protect the public from those intent on taking to the roadways while intoxicated. But officers and prosecutors face an additional challenge this New Year's Eve, because at the stroke of midnight, Senate Bill 123 goes into effect, bringing the most significant and widespread changes to Ohio's DUI law in more than a generation.

Perhaps most noticeably, Ohio's DUI statute has been renamed "Operating a Vehicle Under the Influence," or "OVI" for short. Previously, the law was referred to as "OMVI," or "Operating a Motor Vehicle Under the Influence." This name change is intended to reflect the fact that it is illegal to operate any type of vehicle, motorized or non-motorized, while under the influence of alcohol or other drugs.

But the biggest change to Ohio's DUI law is the creation of a brand new offense. Effective Thursday, it will be illegal for a person to be in "physical control" of a vehicle while under the influence of alcohol or other drugs. "Physical control" means being in the driver's seat and having possession of the ignition key or ignition device.

There are three primary differences between an OVI violation and a physical control violation.

• The OVI statute requires actual movement of the vehicle while under the influence, whereas the physical control statute does not.

• The OVI statute will apply to a person operating a vehicle under the influence, but only on public highways or private property open for vehicular travel or parking (a parking lot, restaurant drive-through, etc.). However, a person can be cited for a physical control violation anywhere while intoxicated, even on his or her own property.

• While all OVI violations carry mandatory license suspensions, a physical control violation does not.

Finally, any person requesting driving privileges during an OVI license suspension would have to have "restricted plates" on the vehicle he or she is driving. These yellow plates with, yes, scarlet letters, will be required for even first-time OVI offenders. However, there is movement in the General Assembly to exclude first-time offenders.

Many other changes to Ohio's OVI law will create challenges for law enforcement officers and prosecutors. While those of us in the field will work through these challenges, we all have a responsibility to help reduce drunk driving. Have a designated driver, or better yet, be one. Call a taxi, family member or friend if you have had too much to drink. Offer a ride to someone you know should not be behind the wheel. By taking these simple steps, we can all enjoy a safe and healthy New Year's Eve 2003, and look forward to a prosperous 2004.

David P. Fornshell is the Blue Ash prosecutor and a candidate for Warren County prosecutor in the March 2 Republican primary. He lives in Lebanon wife his wife, Amy, and son Reagan.

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