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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
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          

                                                          14     

                                                                 
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          

                                                          15     

                                                                 
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          

                                                          16     

                                                                 
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.