As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 80 5
1997-1998 6
SENATOR B. JOHNSON 8
10
A B I L L
To amend section 4511.191 of the Revised Code to 11
provide that, if a person is arrested for OMVI 12
and the person's driver's license is suspended 13
under the Administrative License Suspension (ALS) 14
provisions of the Implied Consent Law, the ALS 15
terminates if the person is convicted of the 16
underlying OMVI charge, to provide that a person
who is arrested for OMVI and whose driver's 18
license is suspended under the ALS provisions and
also later by a court is liable for payment of 19
only one driver's license reinstatement fee when 21
the person's license is returned or reissued, and 22
to increase the reinstatement fee from $250 to
$375.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 4511.191 of the Revised Code be 26
amended to read as follows: 27
Sec. 4511.191. (A) Any person who operates a vehicle upon 37
a highway or any public or private property used by the public 38
for vehicular travel or parking within this state shall be deemed 39
to have given consent to a chemical test or tests of the person's 41
blood, breath, or urine for the purpose of determining the 42
alcohol, drug, or alcohol and drug content of the person's blood, 43
breath, or urine if arrested for operating a vehicle while under 45
the influence of alcohol, a drug of abuse, or alcohol and a drug 46
of abuse or for operating a vehicle with a prohibited 47
2
concentration of alcohol in the blood, breath, or urine. The 48
chemical test or tests shall be administered at the request of a 49
police officer having reasonable grounds to believe the person to 50
have been operating a vehicle upon a highway or any public or 51
private property used by the public for vehicular travel or 52
parking in this state while under the influence of alcohol, a 53
drug of abuse, or alcohol and a drug of abuse or with a 54
prohibited concentration of alcohol in the blood, breath, or 55
urine. The law enforcement agency by which the officer is 56
employed shall designate which of the tests shall be
administered. 57
(B) Any person who is dead or unconscious, or who is 59
otherwise in a condition rendering the person incapable of 60
refusal, shall be deemed not to have withdrawn consent as 62
provided by division (A) of this section and the test or tests 63
may be administered, subject to sections 313.12 to 313.16 of the 64
Revised Code. 65
(C)(1) Any person under arrest for operating a vehicle 67
while under the influence of alcohol, a drug of abuse, or alcohol 68
and a drug of abuse or for operating a vehicle with a prohibited 69
concentration of alcohol in the blood, breath, or urine shall be 70
advised at a police station, or at a hospital, first-aid station, 71
or clinic to which the person has been taken for first-aid or 72
medical treatment, of both of the following: 73
(a) The consequences, as specified in division (E) of this 75
section, of the person's refusal to submit upon request to a 76
chemical test designated by the law enforcement agency as 78
provided in division (A) of this section; 79
(b) The consequences, as specified in division (F) of this 81
section, of the person's submission to the designated chemical 83
test if the person is found to have a prohibited concentration of 84
alcohol in the blood, breath, or urine. 85
(2)(a) The advice given pursuant to division (C)(1) of 87
this section shall be in a written form containing the 88
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information described in division (C)(2)(b) of this section and 89
shall be read to the person. The form shall contain a statement 90
that the form was shown to the person under arrest and read to 91
the person in the presence of the arresting officer and either 93
another police officer, a civilian police employee, or an 94
employee of a hospital, first-aid station, or clinic, if any, to 95
which the person has been taken for first-aid or medical 96
treatment. The witnesses shall certify to this fact by signing 97
the form.
(b) The form required by division (C)(2)(a) of this 99
section shall read as follows: 100
"You now are under arrest for operating a vehicle while 102
under the influence of alcohol, a drug of abuse, or both alcohol 103
and a drug of abuse and will be requested by a police officer to 104
submit to a chemical test to determine the concentration of 105
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 106
blood, breath, or urine. 107
If you refuse to submit to the requested test or if you 109
submit to the requested test and are found to have a prohibited 110
concentration of alcohol in your blood, breath, or urine, your 111
driver's or commercial driver's license or permit or nonresident 112
operating privilege immediately will be suspended for the period 113
of time specified by law by the officer, on behalf of the 114
registrar of motor vehicles. You may appeal this suspension at 115
your initial appearance before the court that hears the charges 116
against you resulting from the arrest, and your initial 117
appearance will be conducted no later than five days after the 118
arrest. This suspension is independent of the penalties for the 119
offense, and you may be subject to other penalties upon 120
conviction." 121
(D)(1) If a person under arrest as described in division 123
(C)(1) of this section is not asked by a police officer to submit 124
to a chemical test designated as provided in division (A) of this 125
section, the arresting officer shall seize the Ohio or 126
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out-of-state driver's or commercial driver's license or permit of 127
the person and immediately forward the seized license or permit 128
to the court in which the arrested person is to appear on the 129
charge for which the person was arrested. If the arrested person 130
does not have the person's driver's or commercial driver's 131
license or permit on his or her person or in his or her vehicle, 132
the arresting officer shall order the arrested person to 133
surrender it to the law enforcement agency that employs the 135
officer within twenty-four hours after the arrest, and, upon the 136
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 138
person is to appear on the charge for which the person was 139
arrested. Upon receipt of the license or permit, the court shall 141
retain it pending the initial appearance of the arrested person 142
and any action taken under section 4511.196 of the Revised Code. 143
If a person under arrest as described in division (C)(1) of 145
this section is asked by a police officer to submit to a chemical 146
test designated as provided in division (A) of this section and 147
is advised of the consequences of the person's refusal or 148
submission as provided in division (C) of this section and if the 149
person either refuses to submit to the designated chemical test 150
or the person submits to the designated chemical test and the 151
test results indicate that the person's blood contained a 152
concentration of ten-hundredths of one per cent or more by weight 153
of alcohol, the person's breath contained a concentration of 154
ten-hundredths of one gram or more by weight of alcohol per two 155
hundred ten liters of the person's breath, or the person's urine 156
contained a concentration of fourteen-hundredths of one gram or 158
more by weight of alcohol per one hundred milliliters of the 159
person's urine at the time of the alleged offense, the arresting 161
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 163
suspension upon the person that advises the person that, 164
independent of any penalties or sanctions imposed upon the person 166
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pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 168
license or permit or nonresident operating privilege is 169
suspended, that the suspension takes effect immediately, that the 170
suspension will last at least until the person's initial 171
appearance on the charge that will be held within five days after 173
the date of the person's arrest or the issuance of a citation to 175
the person, and that the person may appeal the suspension at the 177
initial appearance; seize the Ohio or out-of-state driver's or 178
commercial driver's license or permit of the person; and 179
immediately forward the seized license or permit to the 180
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 181
person or in his or her vehicle, the arresting officer shall 182
order the person to surrender it to the law enforcement agency 183
that employs the officer within twenty-four hours after the 184
service of the notice of suspension, and, upon the surrender, the 185
officer's employing agency immediately shall forward the license 186
or permit to the registrar. 187
(b) Verify the current residence of the person and, if it 189
differs from that on the person's driver's or commercial driver's 190
license or permit, notify the registrar of the change; 191
(c) In addition to forwarding the arrested person's 193
driver's or commercial driver's license or permit to the 194
registrar, send to the registrar, within forty-eight hours after 195
the arrest of the person, a sworn report that includes all of the 196
following statements: 197
(i) That the officer had reasonable grounds to believe 199
that, at the time of the arrest, the arrested person was 200
operating a vehicle upon a highway or public or private property 201
used by the public for vehicular travel or parking within this 202
state while under the influence of alcohol, a drug of abuse, or 203
alcohol and a drug of abuse or with a prohibited concentration of 204
alcohol in the blood, breath, or urine; 205
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(ii) That the person was arrested and charged with 207
operating a vehicle while under the influence of alcohol, a drug 208
of abuse, or alcohol and a drug of abuse or with operating a 209
vehicle with a prohibited concentration of alcohol in the blood, 210
breath, or urine; 211
(iii) That the officer asked the person to take the 213
designated chemical test, advised the person of the consequences 214
of submitting to the chemical test or refusing to take the 215
chemical test, and gave the person the form described in division 216
(C)(2) of this section; 217
(iv) That the person refused to submit to the chemical 219
test or that the person submitted to the chemical test and the 220
test results indicate that the person's blood contained a 221
concentration of ten-hundredths of one per cent or more by weight 223
of alcohol, the person's breath contained a concentration of 224
ten-hundredths of one gram or more by weight of alcohol per two 225
hundred ten liters of the person's breath, or the person's urine 226
contained a concentration of fourteen-hundredths of one gram or 228
more by weight of alcohol per one hundred milliliters of the 229
person's urine at the time of the alleged offense; 231
(v) That the officer served a notice of suspension upon 233
the person as described in division (D)(1)(a) of this section. 234
(2) The sworn report of an arresting officer completed 236
under division (D)(1)(c) of this section shall be given by the 237
officer to the arrested person at the time of the arrest or sent 238
to the person by regular first class mail by the registrar as 239
soon thereafter as possible, but no later than fourteen days 240
after receipt of the report. An arresting officer may give an 241
unsworn report to the arrested person at the time of the arrest 242
provided the report is complete when given to the arrested person 243
and subsequently is sworn to by the arresting officer. As soon 244
as possible, but no later than forty-eight hours after the arrest 245
of the person, the arresting officer shall send a copy of the 246
sworn report to the court in which the arrested person is to 247
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appear on the charge for which the person was arrested. 248
(3) The sworn report of an arresting officer completed and 250
sent to the registrar and the court under divisions (D)(1)(c) and 251
(D)(2) of this section is prima-facie proof of the information 252
and statements that it contains and shall be admitted and 253
considered as prima-facie proof of the information and statements 254
that it contains in any appeal under division (H) of this section 255
relative to any suspension of a person's driver's or commercial 256
driver's license or permit or nonresident operating privilege 257
that results from the arrest covered by the report. 258
(E)(1) Upon receipt of the sworn report of an arresting 260
officer completed and sent to the registrar and a court pursuant 261
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 262
person who refused to take the designated chemical test, the 263
registrar shall enter into the registrar's records the fact that 265
the person's driver's or commercial driver's license or permit or 266
nonresident operating privilege was suspended by the arresting 267
officer under division (D)(1)(a) of this section and the period 268
of the suspension, as determined under divisions (E)(1)(a) to (d) 269
of this section. The suspension shall be subject to appeal as 270
provided in this section and shall be for whichever of the 271
following periods applies: 272
(a) If the arrested person, within five years of the date 274
on which the person refused the request to consent to the 275
chemical test, had not refused a previous request to consent to a 277
chemical test of the person's blood, breath, or urine to 278
determine its alcohol content, the period of suspension shall be 280
one year. If the person is a resident without a license or 281
permit to operate a vehicle within this state, the registrar 282
shall deny to the person the issuance of a driver's or commercial 283
driver's license or permit for a period of one year after the 284
date of the alleged violation.
(b) If the arrested person, within five years of the date 286
on which the person refused the request to consent to the 287
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chemical test, had refused one previous request to consent to a 289
chemical test of the person's blood, breath, or urine to 290
determine its alcohol content, the period of suspension or denial 292
shall be two years.
(c) If the arrested person, within five years of the date 294
on which the person refused the request to consent to the 295
chemical test, had refused two previous requests to consent to a 297
chemical test of the person's blood, breath, or urine to 298
determine its alcohol content, the period of suspension or denial 300
shall be three years.
(d) If the arrested person, within five years of the date 302
on which the person refused the request to consent to the 303
chemical test, had refused three or more previous requests to 305
consent to a chemical test of the person's blood, breath, or 306
urine to determine its alcohol content, the period of suspension 308
or denial shall be five years. 309
(2) The suspension or denial imposed under division (E)(1) 311
of this section shall continue for the entire one-year, two-year, 312
three-year, or five-year period, subject to appeal as provided in 313
this section and subject to termination as provided in division 314
(K) of this section. 315
(F) Upon receipt of the sworn report of an arresting 317
officer completed and sent to the registrar and a court pursuant 318
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 319
person whose test results indicate that the person's blood 320
contained a concentration of ten-hundredths of one per cent or 322
more by weight of alcohol, the person's breath contained a 323
concentration of ten-hundredths of one gram or more by weight of 324
alcohol per two hundred ten liters of the person's breath, or the 326
person's urine contained a concentration of fourteen-hundredths 327
of one gram or more by weight of alcohol per one hundred 328
milliliters of the person's urine at the time of the alleged 329
offense, the registrar shall enter into the registrar's records 330
the fact that the person's driver's or commercial driver's 332
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license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 333
this section and the period of the suspension, as determined 334
under divisions (F)(1) to (4) of this section. The suspension 335
shall be subject to appeal as provided in this section and shall 336
be for whichever of the following periods that applies: 337
(1) Except when division (F)(2), (3), or (4) of this 339
section applies and specifies a different period of suspension or 340
denial, the period of the suspension or denial shall be ninety 341
days.
(2) If the person has been convicted, within ten years of 343
the date the test was conducted, of one violation of division (A) 345
or (B) of section 4511.19 of the Revised Code, a municipal 346
ordinance relating to operating a vehicle while under the 347
influence of alcohol, a drug of abuse, or alcohol and a drug of 348
abuse, a municipal ordinance relating to operating a vehicle with 349
a prohibited concentration of alcohol in the blood, breath, or 350
urine, section 2903.04 of the Revised Code in a case in which the 351
offender was subject to the sanctions described in division (D) 352
of that section, or section 2903.06, 2903.07, or 2903.08 of the 353
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 354
the jury or judge found that at the time of the commission of the 355
offense the offender was under the influence of alcohol, a drug 356
of abuse, or alcohol and a drug of abuse, or a statute of any 357
other state or a municipal ordinance of a municipal corporation 358
located in any other state that is substantially similar to 359
division (A) or (B) of section 4511.19 of the Revised Code, the 360
period of the suspension or denial shall be one year. 361
(3) If the person has been convicted, within ten years of 363
the date the test was conducted, of two violations of a statute 364
or ordinance described in division (F)(2) of this section, the 366
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of 368
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the date the test was conducted, of more than two violations of a 369
statute or ordinance described in division (F)(2) of this 370
section, the period of the suspension or denial shall be three 371
years. 372
(G)(1) A suspension of a person's driver's or commercial 374
driver's license or permit or nonresident operating privilege 375
under division (D)(1)(a) of this section for the period of time 376
described in division (E) or (F) of this section is effective 377
immediately from the time at which the arresting officer serves 378
the notice of suspension upon the arrested person. Any 379
subsequent finding that the person is not guilty of the charge 380
that resulted in the person being requested to take, or in the 382
person taking, the chemical test or tests under division (A) of 383
this section affects the suspension only as described in division 384
(H)(2) of this section. 385
(2) If a person is arrested for operating a vehicle while 387
under the influence of alcohol, a drug of abuse, or alcohol and a 388
drug of abuse or for operating a vehicle with a prohibited 389
concentration of alcohol in the blood, breath, or urine and 390
regardless of whether the person's driver's or commercial 391
driver's license or permit or nonresident operating privilege is 392
or is not suspended under division (E) or (F) of this section, 393
the person's initial appearance on the charge resulting from the 394
arrest shall be held within five days of the person's arrest or 395
the issuance of the citation to the person, subject to any 396
continuance granted by the court pursuant to division (H)(1) of 398
this section regarding the issues specified in that division. 399
(H)(1) If a person is arrested for operating a vehicle 401
while under the influence of alcohol, a drug of abuse, or alcohol 402
and a drug of abuse or for operating a vehicle with a prohibited 403
concentration of alcohol in the blood, breath, or urine and if 404
the person's driver's or commercial driver's license or permit or 405
nonresident operating privilege is suspended under division (E) 406
or (F) of this section, the person may appeal the suspension at 407
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the person's initial appearance on the charge resulting from the 410
arrest in the court in which the person will appear on that 411
charge. If the person appeals the suspension at the person's 412
initial appearance, the appeal does not stay the operation of the 413
suspension. Subject to division (H)(2) of this section, no court 414
has jurisdiction to grant a stay of a suspension imposed under 415
division (E) or (F) of this section, and any order issued by any 416
court that purports to grant a stay of any suspension imposed 417
under either of those divisions shall not be given administrative 418
effect.
If the person appeals the suspension at the person's 420
initial appearance, either the person or the registrar may 421
request a continuance of the appeal. Either the person or the 423
registrar shall make the request for a continuance of the appeal 424
at the same time as the making of the appeal. If either the 425
person or the registrar requests a continuance of the appeal, the 426
court may grant the continuance. The court also may continue the 427
appeal on its own motion. The granting of a continuance applies 428
only to the conduct of the appeal of the suspension and does not 429
extend the time within which the initial appearance must be 430
conducted, and the court shall proceed with all other aspects of 431
the initial appearance in accordance with its normal procedures. 432
Neither the request for nor the granting of a continuance stays 433
the operation of the suspension that is the subject of the 434
appeal.
If the person appeals the suspension at the person's 436
initial appearance, the scope of the appeal is limited to 437
determining whether one or more of the following conditions have 438
not been met: 439
(a) Whether the law enforcement officer had reasonable 441
ground to believe the arrested person was operating a vehicle 442
upon a highway or public or private property used by the public 443
for vehicular travel or parking within this state while under the 444
influence of alcohol, a drug of abuse, or alcohol and a drug of 445
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abuse or with a prohibited concentration of alcohol in the blood, 446
breath, or urine and whether the arrested person was in fact 447
placed under arrest; 448
(b) Whether the law enforcement officer requested the 450
arrested person to submit to the chemical test designated 451
pursuant to division (A) of this section; 452
(c) Whether the arresting officer informed the arrested 454
person of the consequences of refusing to be tested or of 455
submitting to the test; 456
(d) Whichever of the following is applicable: 458
(i) Whether the arrested person refused to submit to the 460
chemical test requested by the officer; 461
(ii) Whether the chemical test results indicate that the 463
arrested person's blood contained a concentration of 464
ten-hundredths of one per cent or more by weight of alcohol, the 466
person's breath contained a concentration of ten-hundredths of 468
one gram or more by weight of alcohol per two hundred ten liters 469
of the person's breath, or the person's urine contained a 470
concentration of fourteen-hundredths of one gram or more by 472
weight of alcohol per one hundred milliliters of the person's 473
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 475
appearance, the judge or referee of the court or the mayor of the 476
mayor's court shall determine whether one or more of the 477
conditions specified in divisions (H)(1)(a) to (d) of this 478
section have not been met. The person who appeals the suspension 479
has the burden of proving, by a preponderance of the evidence, 480
that one or more of the specified conditions has not been met. 481
If, during the appeal at the initial appearance, the judge or 482
referee of the court or the mayor of the mayor's court determines 483
that all of those conditions have been met, the judge, referee, 484
or mayor shall uphold the suspension, shall continue the 485
suspension, and shall notify the registrar of the decision on a 486
form approved by the registrar. Except as otherwise provided in 487
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division (H)(2) of this section, if the suspension is upheld or 488
if the person does not appeal the suspension at the person's 489
initial appearance under division (H)(1) of this section, the 490
suspension shall continue until the complaint alleging the 491
violation for which the person was arrested and in relation to 492
which the suspension was imposed is adjudicated on the merits by 493
the judge or referee of the trial court or by the mayor of the 494
mayor's court. If the suspension was imposed under division (E) 495
of this section and it is continued under this division, any 496
subsequent finding that the person is not guilty of the charge 497
that resulted in the person being requested to take the chemical 498
test or tests under division (A) of this section does not 499
terminate or otherwise affect the suspension. If the suspension 500
was imposed under division (F) of this section and it is 501
continued under this division, the suspension shall terminate if, 502
for any reason, the person subsequently is found not guilty of 503
the charge that resulted in the person taking the chemical test 504
or tests under division (A) of this section. 505
If, during the appeal at the initial appearance, the judge 507
or referee of the trial court or the mayor of the mayor's court 508
determines that one or more of the conditions specified in 509
divisions (H)(1)(a) to (d) of this section have not been met, the 510
judge, referee, or mayor shall terminate the suspension, subject 511
to the imposition of a new suspension under division (B) of 512
section 4511.196 of the Revised Code; shall notify the registrar 513
of the decision on a form approved by the registrar; and, except 514
as provided in division (B) of section 4511.196 of the Revised 516
Code, shall order the registrar to return the driver's or 517
commercial driver's license or permit to the person or to take 518
such measures as may be necessary, if the license or permit was 519
destroyed under section 4507.55 of the Revised Code, to permit 520
the person to obtain a replacement driver's or commercial 521
driver's license or permit from the registrar or a deputy 522
registrar in accordance with that section. The court also shall 523
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issue to the person a court order, valid for not more than ten 524
days from the date of issuance, granting the person operating 525
privileges for that period of time.
If the person appeals the suspension at the initial 527
appearance, the registrar shall be represented by the prosecuting 528
attorney of the county in which the arrest occurred if the 529
initial appearance is conducted in a juvenile court or county 530
court, except that if the arrest occurred within a city or 531
village within the jurisdiction of the county court in which the 532
appeal is conducted, the city director of law or village 533
solicitor of that city or village shall represent the registrar. 534
If the appeal is conducted in a municipal court, the registrar 535
shall be represented as provided in section 1901.34 of the 536
Revised Code. If the appeal is conducted in a mayor's court, the 537
registrar shall be represented by the city director of law, 538
village solicitor, or other chief legal officer of the municipal 539
corporation that operates that mayor's court. 540
(I)(1) If a person's driver's or commercial driver's 542
license or permit or nonresident operating privilege has been 543
suspended pursuant to division (E) of this section, and the 544
person, within the preceding seven years, has refused three 545
previous requests to consent to a chemical test of the person's 547
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 549
of division (A) or (B) of section 4511.19 of the Revised Code, a 550
municipal ordinance relating to operating a vehicle while under 551
the influence of alcohol, a drug of abuse, or alcohol and a drug 552
of abuse, a municipal ordinance relating to operating a vehicle 553
with a prohibited concentration of alcohol in the blood, breath, 554
or urine, section 2903.04 of the Revised Code in a case in which 555
the person was subject to the sanctions described in division (D) 556
of that section, or section 2903.06, 2903.07, or 2903.08 of the 557
Revised Code or a municipal ordinance that is substantially 558
similar to section 2903.07 of the Revised Code in a case in which 559
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the jury or judge found that the person was under the influence 560
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 561
statute of any other state or a municipal ordinance of a 562
municipal corporation located in any other state that is 563
substantially similar to division (A) or (B) of section 4511.19 564
of the Revised Code, the person is not entitled to request, and 565
the court shall not grant to the person, occupational driving 566
privileges under this division. Any other person whose driver's 567
or commercial driver's license or nonresident operating privilege 568
has been suspended pursuant to division (E) of this section may 569
file a petition requesting occupational driving privileges in the 570
municipal court, county court, or, if the person is a minor, 571
juvenile court with jurisdiction over the place at which the 572
arrest occurred. The petition may be filed at any time subsequent 573
to the date on which the arresting officer serves the notice of 574
suspension upon the arrested person. The person shall pay the 575
costs of the proceeding, notify the registrar of the filing of 576
the petition, and send the registrar a copy of the petition. 577
In the proceedings, the registrar shall be represented by 579
the prosecuting attorney of the county in which the arrest 580
occurred if the petition is filed in the juvenile court or county 581
court, except that, if the arrest occurred within a city or 582
village within the jurisdiction of the county court in which the 583
petition is filed, the city director of law or village solicitor 584
of that city or village shall represent the registrar. If the 585
petition is filed in the municipal court, the registrar shall be 586
represented as provided in section 1901.34 of the Revised Code. 587
The court, if it finds reasonable cause to believe that 589
suspension would seriously affect the person's ability to 590
continue in the person's employment, may grant the person 591
occupational driving privileges during the period of suspension 593
imposed pursuant to division (E) of this section, subject to the 594
limitations contained in this division and division (I)(2) of 595
this section. The court may grant the occupational driving 596
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privileges, subject to the limitations contained in this division 597
and division (I)(2) of this section, regardless of whether the 598
person appeals the suspension at the person's initial appearance 600
under division (H)(1) of this section or appeals the decision of 601
the court made pursuant to the appeal conducted at the initial 602
appearance, and, if the person has appealed the suspension or 603
decision, regardless of whether the matter at issue has been 604
heard or decided by the court. The court shall not grant 605
occupational driving privileges to any person who, within seven 606
years of the filing of the petition, has refused three previous 607
requests to consent to a chemical test of the person's blood, 609
breath, or urine to determine its alcohol content or has been 610
convicted of or pleaded guilty to three or more violations of 611
division (A) or (B) of section 4511.19 of the Revised Code, a 612
municipal ordinance relating to operating a vehicle while under 613
the influence of alcohol, a drug of abuse, or alcohol and a drug 614
of abuse, a municipal ordinance relating to operating a vehicle 615
with a prohibited concentration of alcohol in the blood, breath, 616
or urine, section 2903.04 of the Revised Code in a case in which 617
the person was subject to the sanctions described in division (D) 618
of that section, or section 2903.06, 2903.07, or 2903.08 of the 619
Revised Code or a municipal ordinance that is substantially 620
similar to section 2903.07 of the Revised Code in a case in which 621
the jury or judge found that the person was under the influence 622
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 623
statute of any other state or a municipal ordinance of a 624
municipal corporation located in any other state that is 625
substantially similar to division (A) or (B) of section 4511.19 626
of the Revised Code, and shall not grant occupational driving 627
privileges for employment as a driver of commercial motor 628
vehicles to any person who is disqualified from operating a 629
commercial motor vehicle under section 2301.374 or 4506.16 of the 630
Revised Code.
(2)(a) In granting occupational driving privileges under 632
17
division (I)(1) of this section, the court may impose any 633
condition it considers reasonable and necessary to limit the use 634
of a vehicle by the person. The court shall deliver to the 635
person a permit card, in a form to be prescribed by the court, 636
setting forth the time, place, and other conditions limiting the 637
defendant's use of a vehicle. The grant of occupational driving 638
privileges shall be conditioned upon the person's having the 639
permit in the person's possession at all times during which the 641
person is operating a vehicle. 642
A person granted occupational driving privileges who 644
operates a vehicle for other than occupational purposes, in 645
violation of any condition imposed by the court, or without 646
having the permit in the person's possession, is guilty of a 647
violation of section 4507.02 of the Revised Code. 649
(b) The court may not grant a person occupational driving 651
privileges under division (I)(1) of this section when prohibited 652
by a limitation contained in that division or during any of the 653
following periods of time: 654
(i) The first thirty days of suspension imposed upon a 656
person who, within five years of the date on which the person 657
refused the request to consent to a chemical test of the person's 659
blood, breath, or urine to determine its alcohol content and for 661
which refusal the suspension was imposed, had not refused a 662
previous request to consent to a chemical test of the person's 663
blood, breath, or urine to determine its alcohol content; 665
(ii) The first ninety days of suspension imposed upon a 667
person who, within five years of the date on which the person 668
refused the request to consent to a chemical test of the person's 670
blood, breath, or urine to determine its alcohol content and for 672
which refusal the suspension was imposed, had refused one 673
previous request to consent to a chemical test of the person's 674
blood, breath, or urine to determine its alcohol content; 676
(iii) The first year of suspension imposed upon a person 678
who, within five years of the date on which the person refused 680
18
the request to consent to a chemical test of the person's blood, 682
breath, or urine to determine its alcohol content and for which 683
refusal the suspension was imposed, had refused two previous 684
requests to consent to a chemical test of the person's blood, 685
breath, or urine to determine its alcohol content; 687
(iv) The first three years of suspension imposed upon a 689
person who, within five years of the date on which the person 690
refused the request to consent to a chemical test of the person's 692
blood, breath, or urine to determine its alcohol content and for 694
which refusal the suspension was imposed, had refused three or 695
more previous requests to consent to a chemical test of the 696
person's blood, breath, or urine to determine its alcohol 698
content.
(3) The court shall give information in writing of any 700
action taken under this section to the registrar. 701
(4) If a person's driver's or commercial driver's license 703
or permit or nonresident operating privilege has been suspended 704
pursuant to division (F) of this section, and the person, within 705
the preceding seven years, has been convicted of or pleaded 706
guilty to three or more violations of division (A) or (B) of 707
section 4511.19 of the Revised Code, a municipal ordinance 708
relating to operating a vehicle while under the influence of 709
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 710
municipal ordinance relating to operating a vehicle with a 711
prohibited concentration of alcohol in the blood, breath, or 712
urine, section 2903.04 of the Revised Code in a case in which the 713
person was subject to the sanctions described in division (D) of 714
that section, or section 2903.06, 2903.07, or 2903.08 of the 715
Revised Code or a municipal ordinance that is substantially 716
similar to section 2903.07 of the Revised Code in a case in which 717
the jury or judge found that the person was under the influence 718
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 719
statute of any other state or a municipal ordinance of a 720
municipal corporation located in any other state that is 721
19
substantially similar to division (A) or (B) of section 4511.19 722
of the Revised Code, the person is not entitled to request, and 723
the court shall not grant to the person, occupational driving 724
privileges under this division. Any other person whose driver's 725
or commercial driver's license or nonresident operating privilege 726
has been suspended pursuant to division (F) of this section may 727
file in the court specified in division (I)(1) of this section a 728
petition requesting occupational driving privileges in accordance 729
with section 4507.16 of the Revised Code. The petition may be 730
filed at any time subsequent to the date on which the arresting 731
officer serves the notice of suspension upon the arrested person. 732
Upon the making of the request, occupational driving privileges 733
may be granted in accordance with section 4507.16 of the Revised 734
Code. The court may grant the occupational driving privileges, 735
subject to the limitations contained in section 4507.16 of the 736
Revised Code, regardless of whether the person appeals the 737
suspension at the person's initial appearance under division 738
(H)(1) of this section or appeals the decision of the court made 740
pursuant to the appeal conducted at the initial appearance, and, 741
if the person has appealed the suspension or decision, regardless 742
of whether the matter at issue has been heard or decided by the 743
court.
(J) When it finally has been determined under the 745
procedures of this section that a nonresident's privilege to 746
operate a vehicle within this state has been suspended, the 747
registrar shall give information in writing of the action taken 748
to the motor vehicle administrator of the state of the person's 749
residence and of any state in which the person has a license. 750
(K) A suspension of the driver's or commercial driver's 752
license or permit of a resident, a suspension of the operating 753
privilege of a nonresident, or a denial of a driver's or 754
commercial driver's license or permit for refusal to submit to a 755
chemical test to determine the alcohol, drug, or alcohol and drug 756
content of the person's blood, breath, or urine pursuant to 757
20
division (E) OR (F) of this section, shall be terminated by the 759
registrar upon receipt of notice of the person's entering a plea 760
of guilty to, or of the person's conviction after entering a plea 761
of no contest under Criminal Rule 11 to, OF THE OFFENSE OF 763
operating a vehicle while under the influence of alcohol, a drug 765
of abuse, or alcohol and a drug of abuse or with a prohibited 766
concentration of alcohol in the blood, breath, or urine, if the 767
offense for which the plea is entered OR THAT RESULTED IN THE 768
CONVICTION arose from the same incident that led to the 769
suspension or denial. 770
The registrar shall credit against any judicial suspension 772
of a person's driver's or commercial driver's license or permit 773
or nonresident operating privilege imposed pursuant to division 774
(B) or (E) of section 4507.16 of the Revised Code any time during 775
which the person serves a related suspension imposed pursuant to 776
division (E) or (F) of this section. 777
(L) At the end of a suspension period under this section, 779
section 4511.196, or division (B) of section 4507.16 of the 780
Revised Code and upon the request of the person whose driver's or 781
commercial driver's license or permit was suspended and who is 782
not otherwise subject to suspension, revocation, or 783
disqualification, the registrar shall return the driver's or 784
commercial driver's license or permit to the person upon 785
COMPLIANCE BY the occurrence of PERSON WITH all of the following 786
CONDITIONS SPECIFIED IN DIVISIONS (L)(1) AND (2) OF THIS SECTION: 788
(1) A showing by the person that the person had HAS proof 790
of financial responsibility, a policy of liability insurance in 792
effect that meets the minimum standards set forth in section 793
4509.51 of the Revised Code, or proof, to the satisfaction of the 794
registrar, that the person is able to respond in damages in an 795
amount at least equal to the minimum amounts specified in section 796
4509.51 of the Revised Code. 797
(2) Payment SUBJECT TO THE LIMITATION CONTAINED IN 799
DIVISION (L)(3) OF THIS SECTION, PAYMENT by the person of a 800
21
license reinstatement fee of two THREE hundred fifty SEVENTY-FIVE 802
dollars to the bureau of motor vehicles, which fee shall be 804
deposited in the state treasury and credited as follows: 805
(a) Seventy-five ONE HUNDRED TWELVE dollars AND FIFTY 807
CENTS shall be credited to the drivers' treatment and 809
intervention fund, which is hereby established. The fund shall 810
be used to pay the costs of driver treatment and intervention 811
programs operated pursuant to sections 3793.02 and 3793.10 of the 812
Revised Code. The director of alcohol and drug addiction 813
services shall determine the share of the fund that is to be 814
allocated to alcohol and drug addiction programs authorized by 815
section 3793.02 of the Revised Code, and the share of the fund
that is to be allocated to drivers' intervention programs 816
authorized by section 3793.10 of the Revised Code. 817
(b) Fifty SEVENTY-FIVE dollars shall be credited to the 819
reparations fund created by section 2743.191 of the Revised Code. 821
(c) Twenty-five THIRTY-SEVEN dollars AND FIFTY CENTS shall 824
be credited to the indigent drivers alcohol treatment fund, which 825
is hereby established. Except as otherwise provided in division 826
(L)(2)(c) of this section, moneys in the fund shall be 827
distributed by the department of alcohol and drug addiction 828
services to the county indigent drivers alcohol treatment funds, 829
the county juvenile indigent drivers alcohol treatment funds, and 830
the municipal indigent drivers treatment funds that are required 831
to be established by counties and municipal corporations pursuant 832
to division (N) of this section, and shall be used only to pay 833
the cost of an alcohol and drug addiction treatment program 834
attended by an offender or juvenile traffic offender who is 835
ordered to attend an alcohol and drug addiction treatment program 836
by a county, juvenile, or municipal court judge and who is 837
determined by the county, juvenile, or municipal court judge not 838
to have the means to pay for attendance at the program. Moneys 840
in the fund that are not distributed to a county indigent drivers 841
alcohol treatment fund, a county juvenile indigent drivers 842
22
alcohol treatment fund, or a municipal indigent drivers alcohol 843
treatment fund under division (N) of this section because the 844
director of alcohol and drug addiction services does not have the 845
information necessary to identify the county or municipal 846
corporation where the offender or juvenile offender was arrested
may be transferred by the director of budget and management to 848
the drivers' treatment and intervention fund, created in division 849
(L)(2)(a) of this section, upon certification of the amount by 850
the director of alcohol and drug addiction services. 851
(d) Fifty SEVENTY-FIVE dollars shall be credited to the 853
Ohio rehabilitation services commission established by section 854
3304.12 of the Revised Code, to the services for rehabilitation 855
fund, which is hereby established. The fund shall be used to 856
match available federal matching funds where appropriate, and for 857
any other purpose or program of the commission to rehabilitate 858
people with disabilities to help them become employed and 859
independent.
(e) Fifty SEVENTY-FIVE dollars shall be deposited into the 861
state treasury and credited to the drug abuse resistance 863
education programs fund, which is hereby established, to be used 864
by the attorney general for the purposes specified in division 865
(L)(2)(e) of this section. 866
The attorney general shall use amounts in the drug abuse 868
resistance education programs fund to award grants to law 869
enforcement agencies to establish and implement drug abuse 870
resistance education programs in public schools. Grants awarded 871
to a law enforcement agency under division (L)(2)(e) of this 872
section shall be used by the agency to pay for not more than 873
fifty per cent of the amount of the salaries of law enforcement 874
officers who conduct drug abuse resistance education programs in 875
public schools. The attorney general shall not use more than six 876
per cent of the amounts the attorney general's office receives 878
under division (L)(2)(e) of this section to pay the costs it 879
incurs in administering the grant program established by division 880
23
(L)(2)(e) of this section and in providing training and materials 881
relating to drug abuse resistance education programs. 882
The attorney general shall report to the governor and the 884
general assembly each fiscal year on the progress made in 885
establishing and implementing drug abuse resistance education 886
programs. These reports shall include an evaluation of the 887
effectiveness of these programs. 888
(3) IF A PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE 890
OR PERMIT IS SUSPENDED UNDER DIVISION (E) OR (F) OF THIS SECTION, 892
SECTION 4511.196, OR DIVISION (B) OF SECTION 4507.16 OF THE 893
REVISED CODE, OR ANY COMBINATION OF THE SUSPENSIONS DESCRIBED IN 894
DIVISION (L)(3) OF THIS SECTION AND THE SUSPENSIONS ARISE FROM A 895
SINGLE INCIDENT OR A SINGLE SET OF FACTS AND CIRCUMSTANCES, THE 896
PERSON IS LIABLE FOR PAYMENT OF AND SHALL BE REQUIRED TO PAY TO 897
THE BUREAU ONLY ONE REINSTATEMENT FEE OF THREE HUNDRED
SEVENTY-FIVE DOLLARS. THE REINSTATEMENT FEE SHALL BE DISTRIBUTED 898
BY THE BUREAU IN ACCORDANCE WITH DIVISION (L)(2) OF THIS SECTION. 901
(M) Suspension of a commercial driver's license under 903
division (E) or (F) of this section shall be concurrent with any 904
period of disqualification under section 2301.374 or 4506.16 of 905
the Revised Code. No person who is disqualified for life from 906
holding a commercial driver's license under section 4506.16 of 907
the Revised Code shall be issued a driver's license under Chapter 908
4507. of the Revised Code during the period for which the 909
commercial driver's license was suspended under division (E) or 910
(F) of this section, and no person whose commercial driver's 911
license is suspended under division (E) or (F) of this section 912
shall be issued a driver's license under that chapter during the 913
period of the suspension. 914
(N)(1) Each county shall establish an indigent drivers 916
alcohol treatment fund, each county shall establish a juvenile 917
indigent drivers alcohol treatment fund, and each municipal 918
corporation in which there is a municipal court shall establish 919
an indigent drivers alcohol treatment fund. All revenue that the 920
24
general assembly appropriates to the indigent drivers alcohol 921
treatment fund for transfer to a county indigent drivers alcohol 922
treatment fund, a county juvenile indigent drivers alcohol 923
treatment fund, or a municipal indigent drivers alcohol treatment 924
fund, all portions of fees that are paid under division (L) of 925
this section and that are credited under that division to the 926
indigent drivers alcohol treatment fund in the state treasury for 927
a county indigent drivers alcohol treatment fund, a county 928
juvenile indigent drivers alcohol treatment fund, or a municipal 929
indigent drivers alcohol treatment fund, and all portions of 930
fines that are specified for deposit into a county or municipal 931
indigent drivers alcohol treatment fund by section 4511.193 of 932
the Revised Code shall be deposited into that county indigent 933
drivers alcohol treatment fund, county juvenile indigent drivers 934
alcohol treatment fund, or municipal indigent drivers alcohol 935
treatment fund in accordance with division (N)(2) of this 936
section. Additionally, all portions of fines that are paid for a 937
violation of section 4511.19 of the Revised Code or division 938
(B)(2) of section 4507.02 of the Revised Code, and that are 939
required under division (A)(1) or (2) of section 4511.99 or 940
division (B)(5) of section 4507.99 of the Revised Code to be 941
deposited into a county indigent drivers alcohol treatment fund 942
or municipal indigent drivers alcohol treatment fund shall be 943
deposited into the appropriate fund in accordance with the 944
applicable division. 945
(2) That portion of the license reinstatement fee that is 947
paid under division (L) of this section and that is credited 948
under that division to the indigent drivers alcohol treatment 949
fund shall be deposited into a county indigent drivers alcohol 950
treatment fund, a county juvenile indigent drivers alcohol 951
treatment fund, or a municipal indigent drivers alcohol treatment 952
fund as follows: 953
(a) If the suspension in question was imposed under this 955
section, that portion of the fee shall be deposited as follows: 956
25
(i) If the fee is paid by a person who was charged in a 958
county court with the violation that resulted in the suspension, 959
the portion shall be deposited into the county indigent drivers 960
alcohol treatment fund under the control of that court; 961
(ii) If the fee is paid by a person who was charged in a 963
juvenile court with the violation that resulted in the 964
suspension, the portion shall be deposited into the county 965
juvenile indigent drivers alcohol treatment fund established in 966
the county served by the court; 967
(iii) If the fee is paid by a person who was charged in a 969
municipal court with the violation that resulted in the 970
suspension, the portion shall be deposited into the municipal 971
indigent drivers alcohol treatment fund under the control of that 972
court. 973
(b) If the suspension in question was imposed under 975
division (B) of section 4507.16 of the Revised Code, that portion 976
of the fee shall be deposited as follows: 977
(i) If the fee is paid by a person whose license or permit 979
was suspended by a county court, the portion shall be deposited 980
into the county indigent drivers alcohol treatment fund under the 981
control of that court; 982
(ii) If the fee is paid by a person whose license or 984
permit was suspended by a municipal court, the portion shall be 985
deposited into the municipal indigent drivers alcohol treatment 986
fund under the control of that court. 987
(3) Expenditures from a county indigent drivers alcohol 989
treatment fund, a county juvenile indigent drivers alcohol 990
treatment fund, or a municipal indigent drivers alcohol treatment 991
fund shall be made only upon the order of a county, juvenile, or 992
municipal court judge and only for payment of the cost of the 993
attendance at an alcohol and drug addiction treatment program of 994
a person who is convicted of, or found to be a juvenile traffic 995
offender by reason of, a violation of division (A) of section 996
4511.19 of the Revised Code or a substantially similar municipal 997
26
ordinance, who is ordered by the court to attend the alcohol and 998
drug addiction treatment program, and who is determined by the 999
court to be unable to pay the cost of attendance at the treatment 1,001
program. The board of alcohol, drug addiction, and mental health 1,002
services established pursuant to section 340.02 of the Revised 1,003
Code serving the alcohol, drug addiction, and mental health 1,004
service district in which the court is located shall administer 1,005
the indigent drivers alcohol treatment program of the court. 1,006
When a court orders an offender or juvenile traffic offender to 1,007
attend an alcohol and drug addiction treatment program, the board 1,008
shall determine which program is suitable to meet the needs of 1,009
the offender or juvenile traffic offender, and when a suitable 1,010
program is located and space is available at the program, the 1,011
offender or juvenile traffic offender shall attend the program 1,012
designated by the board. A reasonable amount not to exceed five 1,013
per cent of the amounts credited to and deposited into the county 1,014
indigent drivers alcohol treatment fund, the county juvenile 1,015
indigent drivers alcohol treatment fund, or the municipal 1,016
indigent drivers alcohol treatment fund serving every court whose 1,017
program is administered by that board shall be paid to the board 1,018
to cover the costs it incurs in administering those indigent 1,019
drivers alcohol treatment programs.
Section 2. That existing section 4511.191 of the Revised 1,021
Code is hereby repealed. 1,022
Section 3. Section 4511.191 of the Revised Code is 1,024
presented in this act as a composite of the section as amended by 1,026
both Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 121st General 1,027
Assembly, with the new language of neither of the acts shown in 1,028
capital letters. This is in recognition of the principle stated 1,030
in division (B) of section 1.52 of the Revised Code that such 1,031
amendments are to be harmonized where not substantively
irreconcilable and constitutes a legislative finding that such is 1,032
the resulting version in effect prior to the effective date of 1,034
this act.