As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 80 5
1997-1998 6
SENATORS B. JOHNSON-LATTA 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, to 22
increase the reinstatement fee from $280 to $405,
and to expand the uses of a county indigent 23
drivers alcohol treatment fund, a county juvenile 24
indigent drivers treatment fund, or a municipal
indigent drivers treatment fund when the court 25
with control of the fund declares a surplus in
the fund. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That section 4511.191 of the Revised Code be 30
amended to read as follows: 31
Sec. 4511.191. (A) Any person who operates a vehicle upon 40
a highway or any public or private property used by the public 41
for vehicular travel or parking within this state shall be deemed 42
to have given consent to a chemical test or tests of the person's 44
2
blood, breath, or urine for the purpose of determining the 45
alcohol, drug, or alcohol and drug content of the person's blood, 46
breath, or urine if arrested for operating a vehicle while under 48
the influence of alcohol, a drug of abuse, or alcohol and a drug 49
of abuse or for operating a vehicle with a prohibited 50
concentration of alcohol in the blood, breath, or urine. The 51
chemical test or tests shall be administered at the request of a 52
police officer having reasonable grounds to believe the person to 53
have been operating a vehicle upon a highway or any public or 54
private property used by the public for vehicular travel or 55
parking in this state while under the influence of alcohol, a 56
drug of abuse, or alcohol and a drug of abuse or with a 57
prohibited concentration of alcohol in the blood, breath, or 58
urine. The law enforcement agency by which the officer is 59
employed shall designate which of the tests shall be
administered. 60
(B) Any person who is dead or unconscious, or who is 62
otherwise in a condition rendering the person incapable of 63
refusal, shall be deemed not to have withdrawn consent as 65
provided by division (A) of this section and the test or tests 66
may be administered, subject to sections 313.12 to 313.16 of the 67
Revised Code. 68
(C)(1) Any person under arrest for operating a vehicle 70
while under the influence of alcohol, a drug of abuse, or alcohol 71
and a drug of abuse or for operating a vehicle with a prohibited 72
concentration of alcohol in the blood, breath, or urine shall be 73
advised at a police station, or at a hospital, first-aid station, 74
or clinic to which the person has been taken for first-aid or 75
medical treatment, of both of the following: 76
(a) The consequences, as specified in division (E) of this 78
section, of the person's refusal to submit upon request to a 79
chemical test designated by the law enforcement agency as 81
provided in division (A) of this section; 82
(b) The consequences, as specified in division (F) of this 84
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section, of the person's submission to the designated chemical 86
test if the person is found to have a prohibited concentration of 87
alcohol in the blood, breath, or urine. 88
(2)(a) The advice given pursuant to division (C)(1) of 90
this section shall be in a written form containing the 91
information described in division (C)(2)(b) of this section and 92
shall be read to the person. The form shall contain a statement 93
that the form was shown to the person under arrest and read to 94
the person in the presence of the arresting officer and either 96
another police officer, a civilian police employee, or an 97
employee of a hospital, first-aid station, or clinic, if any, to 98
which the person has been taken for first-aid or medical 99
treatment. The witnesses shall certify to this fact by signing 100
the form.
(b) The form required by division (C)(2)(a) of this 102
section shall read as follows: 103
"You now are under arrest for operating a vehicle while 105
under the influence of alcohol, a drug of abuse, or both alcohol 106
and a drug of abuse and will be requested by a police officer to 107
submit to a chemical test to determine the concentration of 108
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 109
blood, breath, or urine. 110
If you refuse to submit to the requested test or if you 112
submit to the requested test and are found to have a prohibited 113
concentration of alcohol in your blood, breath, or urine, your 114
driver's or commercial driver's license or permit or nonresident 115
operating privilege immediately will be suspended for the period 116
of time specified by law by the officer, on behalf of the 117
registrar of motor vehicles. You may appeal this suspension at 118
your initial appearance before the court that hears the charges 119
against you resulting from the arrest, and your initial 120
appearance will be conducted no later than five days after the 121
arrest. This suspension is independent of the penalties for the 122
offense, and you may be subject to other penalties upon 123
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conviction." 124
(D)(1) If a person under arrest as described in division 126
(C)(1) of this section is not asked by a police officer to submit 127
to a chemical test designated as provided in division (A) of this 128
section, the arresting officer shall seize the Ohio or 129
out-of-state driver's or commercial driver's license or permit of 130
the person and immediately forward the seized license or permit 131
to the court in which the arrested person is to appear on the 132
charge for which the person was arrested. If the arrested person 133
does not have the person's driver's or commercial driver's 134
license or permit on his or her person THE PERSON'S SELF or in 135
his or her THE PERSON'S vehicle, the arresting officer shall 137
order the arrested person to surrender it to the law enforcement 138
agency that employs the officer within twenty-four hours after 139
the arrest, and, upon the surrender, the officer's employing 140
agency immediately shall forward the license or permit to the 141
court in which the arrested person is to appear on the charge for 143
which the person was arrested. Upon receipt of the license or 145
permit, the court shall retain it pending the initial appearance 146
of the arrested person and any action taken under section 147
4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of 149
this section is asked by a police officer to submit to a chemical 150
test designated as provided in division (A) of this section and 151
is advised of the consequences of the person's refusal or 152
submission as provided in division (C) of this section and if the 153
person either refuses to submit to the designated chemical test 154
or the person submits to the designated chemical test and the 155
test results indicate that the person's blood contained a 156
concentration of ten-hundredths of one per cent or more by weight 157
of alcohol, the person's breath contained a concentration of 158
ten-hundredths of one gram or more by weight of alcohol per two 159
hundred ten liters of the person's breath, or the person's urine 160
contained a concentration of fourteen-hundredths of one gram or 162
5
more by weight of alcohol per one hundred milliliters of the 163
person's urine at the time of the alleged offense, the arresting 165
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 167
suspension upon the person that advises the person that, 168
independent of any penalties or sanctions imposed upon the person 170
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 172
license or permit or nonresident operating privilege is 173
suspended, that the suspension takes effect immediately, that the 174
suspension will last at least until the person's initial 175
appearance on the charge that will be held within five days after 177
the date of the person's arrest or the issuance of a citation to 179
the person, and that the person may appeal the suspension at the 181
initial appearance; seize the Ohio or out-of-state driver's or 182
commercial driver's license or permit of the person; and 183
immediately forward the seized license or permit to the 184
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 185
person THE PERSON'S SELF or in his or her THE PERSON'S vehicle, 187
the arresting officer shall order the person to surrender it to 188
the law enforcement agency that employs the officer within 189
twenty-four hours after the service of the notice of suspension, 190
and, upon the surrender, the officer's employing agency 191
immediately shall forward the license or permit to the registrar. 192
(b) Verify the current residence of the person and, if it 194
differs from that on the person's driver's or commercial driver's 195
license or permit, notify the registrar of the change; 196
(c) In addition to forwarding the arrested person's 198
driver's or commercial driver's license or permit to the 199
registrar, send to the registrar, within forty-eight hours after 200
the arrest of the person, a sworn report that includes all of the 201
following statements: 202
(i) That the officer had reasonable grounds to believe 204
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that, at the time of the arrest, the arrested person was 205
operating a vehicle upon a highway or public or private property 206
used by the public for vehicular travel or parking within this 207
state while under the influence of alcohol, a drug of abuse, or 208
alcohol and a drug of abuse or with a prohibited concentration of 209
alcohol in the blood, breath, or urine; 210
(ii) That the person was arrested and charged with 212
operating a vehicle while under the influence of alcohol, a drug 213
of abuse, or alcohol and a drug of abuse or with operating a 214
vehicle with a prohibited concentration of alcohol in the blood, 215
breath, or urine; 216
(iii) That the officer asked the person to take the 218
designated chemical test, advised the person of the consequences 219
of submitting to the chemical test or refusing to take the 220
chemical test, and gave the person the form described in division 221
(C)(2) of this section; 222
(iv) That the person refused to submit to the chemical 224
test or that the person submitted to the chemical test and the 225
test results indicate that the person's blood contained a 226
concentration of ten-hundredths of one per cent or more by weight 228
of alcohol, the person's breath contained a concentration of 229
ten-hundredths of one gram or more by weight of alcohol per two 230
hundred ten liters of the person's breath, or the person's urine 231
contained a concentration of fourteen-hundredths of one gram or 233
more by weight of alcohol per one hundred milliliters of the 234
person's urine at the time of the alleged offense; 236
(v) That the officer served a notice of suspension upon 238
the person as described in division (D)(1)(a) of this section. 239
(2) The sworn report of an arresting officer completed 241
under division (D)(1)(c) of this section shall be given by the 242
officer to the arrested person at the time of the arrest or sent 243
to the person by regular first class mail by the registrar as 244
soon thereafter as possible, but no later than fourteen days 245
after receipt of the report. An arresting officer may give an 246
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unsworn report to the arrested person at the time of the arrest 247
provided the report is complete when given to the arrested person 248
and subsequently is sworn to by the arresting officer. As soon 249
as possible, but no later than forty-eight hours after the arrest 250
of the person, the arresting officer shall send a copy of the 251
sworn report to the court in which the arrested person is to 252
appear on the charge for which the person was arrested. 253
(3) The sworn report of an arresting officer completed and 255
sent to the registrar and the court under divisions (D)(1)(c) and 256
(D)(2) of this section is prima-facie proof of the information 257
and statements that it contains and shall be admitted and 258
considered as prima-facie proof of the information and statements 259
that it contains in any appeal under division (H) of this section 260
relative to any suspension of a person's driver's or commercial 261
driver's license or permit or nonresident operating privilege 262
that results from the arrest covered by the report. 263
(E)(1) Upon receipt of the sworn report of an arresting 265
officer completed and sent to the registrar and a court pursuant 266
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 267
person who refused to take the designated chemical test, the 268
registrar shall enter into the registrar's records the fact that 270
the person's driver's or commercial driver's license or permit or 271
nonresident operating privilege was suspended by the arresting 272
officer under division (D)(1)(a) of this section and the period 273
of the suspension, as determined under divisions (E)(1)(a) to (d) 274
of this section. The suspension shall be subject to appeal as 275
provided in this section and shall be for whichever of the 276
following periods applies: 277
(a) If the arrested person, within five years of the date 279
on which the person refused the request to consent to the 280
chemical test, had not refused a previous request to consent to a 282
chemical test of the person's blood, breath, or urine to 283
determine its alcohol content, the period of suspension shall be 285
one year. If the person is a resident without a license or 286
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permit to operate a vehicle within this state, the registrar 287
shall deny to the person the issuance of a driver's or commercial 288
driver's license or permit for a period of one year after the 289
date of the alleged violation.
(b) If the arrested person, within five years of the date 291
on which the person refused the request to consent to the 292
chemical test, had refused one previous request to consent to a 294
chemical test of the person's blood, breath, or urine to 295
determine its alcohol content, the period of suspension or denial 297
shall be two years.
(c) If the arrested person, within five years of the date 299
on which the person refused the request to consent to the 300
chemical test, had refused two previous requests to consent to a 302
chemical test of the person's blood, breath, or urine to 303
determine its alcohol content, the period of suspension or denial 305
shall be three years.
(d) If the arrested person, within five years of the date 307
on which the person refused the request to consent to the 308
chemical test, had refused three or more previous requests to 310
consent to a chemical test of the person's blood, breath, or 311
urine to determine its alcohol content, the period of suspension 313
or denial shall be five years. 314
(2) The suspension or denial imposed under division (E)(1) 316
of this section shall continue for the entire one-year, two-year, 317
three-year, or five-year period, subject to appeal as provided in 318
this section and subject to termination as provided in division 319
(K) of this section. 320
(F) Upon receipt of the sworn report of an arresting 322
officer completed and sent to the registrar and a court pursuant 323
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 324
person whose test results indicate that the person's blood 325
contained a concentration of ten-hundredths of one per cent or 327
more by weight of alcohol, the person's breath contained a 328
concentration of ten-hundredths of one gram or more by weight of 329
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alcohol per two hundred ten liters of the person's breath, or the 331
person's urine contained a concentration of fourteen-hundredths 332
of one gram or more by weight of alcohol per one hundred 333
milliliters of the person's urine at the time of the alleged 334
offense, the registrar shall enter into the registrar's records 335
the fact that the person's driver's or commercial driver's 337
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 338
this section and the period of the suspension, as determined 339
under divisions (F)(1) to (4) of this section. The suspension 340
shall be subject to appeal as provided in this section and shall 341
be for whichever of the following periods that applies: 342
(1) Except when division (F)(2), (3), or (4) of this 344
section applies and specifies a different period of suspension or 345
denial, the period of the suspension or denial shall be ninety 346
days.
(2) If the person has been convicted, within six years of 348
the date the test was conducted, of one violation of division (A) 351
or (B) of section 4511.19 of the Revised Code, a municipal 352
ordinance relating to operating a vehicle while under the 353
influence of alcohol, a drug of abuse, or alcohol and a drug of 354
abuse, a municipal ordinance relating to operating a vehicle with 355
a prohibited concentration of alcohol in the blood, breath, or 356
urine, section 2903.04 of the Revised Code in a case in which the 357
offender was subject to the sanctions described in division (D) 358
of that section, or section 2903.06, 2903.07, or 2903.08 of the 359
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 360
the jury or judge found that at the time of the commission of the 361
offense the offender was under the influence of alcohol, a drug 362
of abuse, or alcohol and a drug of abuse, or a statute of the 363
United States or of any other state or a municipal ordinance of a 364
municipal corporation located in any other state that is 365
substantially similar to division (A) or (B) of section 4511.19 366
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of the Revised Code, the period of the suspension or denial shall 367
be one year.
(3) If the person has been convicted, within six years of 369
the date the test was conducted, of two violations of a statute 370
or ordinance described in division (F)(2) of this section, the 372
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 374
the date the test was conducted, of more than two violations of a 375
statute or ordinance described in division (F)(2) of this 376
section, the period of the suspension or denial shall be three 377
years. 378
(G)(1) A suspension of a person's driver's or commercial 380
driver's license or permit or nonresident operating privilege 381
under division (D)(1)(a) of this section for the period of time 382
described in division (E) or (F) of this section is effective 383
immediately from the time at which the arresting officer serves 384
the notice of suspension upon the arrested person. Any 385
subsequent finding that the person is not guilty of the charge 386
that resulted in the person being requested to take, or in the 388
person taking, the chemical test or tests under division (A) of 389
this section affects the suspension only as described in division 390
(H)(2) of this section. 391
(2) If a person is arrested for operating a vehicle while 393
under the influence of alcohol, a drug of abuse, or alcohol and a 394
drug of abuse or for operating a vehicle with a prohibited 395
concentration of alcohol in the blood, breath, or urine and 396
regardless of whether the person's driver's or commercial 397
driver's license or permit or nonresident operating privilege is 398
or is not suspended under division (E) or (F) of this section, 399
the person's initial appearance on the charge resulting from the 400
arrest shall be held within five days of the person's arrest or 401
the issuance of the citation to the person, subject to any 402
continuance granted by the court pursuant to division (H)(1) of 404
this section regarding the issues specified in that division. 405
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(H)(1) If a person is arrested for operating a vehicle 407
while under the influence of alcohol, a drug of abuse, or alcohol 408
and a drug of abuse or for operating a vehicle with a prohibited 409
concentration of alcohol in the blood, breath, or urine and if 410
the person's driver's or commercial driver's license or permit or 411
nonresident operating privilege is suspended under division (E) 412
or (F) of this section, the person may appeal the suspension at 413
the person's initial appearance on the charge resulting from the 416
arrest in the court in which the person will appear on that 417
charge. If the person appeals the suspension at the person's 418
initial appearance, the appeal does not stay the operation of the 419
suspension. Subject to division (H)(2) of this section, no court 420
has jurisdiction to grant a stay of a suspension imposed under 421
division (E) or (F) of this section, and any order issued by any 422
court that purports to grant a stay of any suspension imposed 423
under either of those divisions shall not be given administrative 424
effect.
If the person appeals the suspension at the person's 426
initial appearance, either the person or the registrar may 427
request a continuance of the appeal. Either the person or the 429
registrar shall make the request for a continuance of the appeal 430
at the same time as the making of the appeal. If either the 431
person or the registrar requests a continuance of the appeal, the 432
court may grant the continuance. The court also may continue the 433
appeal on its own motion. The granting of a continuance applies 434
only to the conduct of the appeal of the suspension and does not 435
extend the time within which the initial appearance must be 436
conducted, and the court shall proceed with all other aspects of 437
the initial appearance in accordance with its normal procedures. 438
Neither the request for nor the granting of a continuance stays 439
the operation of the suspension that is the subject of the 440
appeal.
If the person appeals the suspension at the person's 442
initial appearance, the scope of the appeal is limited to 443
12
determining whether one or more of the following conditions have 444
not been met: 445
(a) Whether the law enforcement officer had reasonable 447
ground to believe the arrested person was operating a vehicle 448
upon a highway or public or private property used by the public 449
for vehicular travel or parking within this state while under the 450
influence of alcohol, a drug of abuse, or alcohol and a drug of 451
abuse or with a prohibited concentration of alcohol in the blood, 452
breath, or urine and whether the arrested person was in fact 453
placed under arrest; 454
(b) Whether the law enforcement officer requested the 456
arrested person to submit to the chemical test designated 457
pursuant to division (A) of this section; 458
(c) Whether the arresting officer informed the arrested 460
person of the consequences of refusing to be tested or of 461
submitting to the test; 462
(d) Whichever of the following is applicable: 464
(i) Whether the arrested person refused to submit to the 466
chemical test requested by the officer; 467
(ii) Whether the chemical test results indicate that the 469
arrested person's blood contained a concentration of 470
ten-hundredths of one per cent or more by weight of alcohol, the 472
person's breath contained a concentration of ten-hundredths of 474
one gram or more by weight of alcohol per two hundred ten liters 475
of the person's breath, or the person's urine contained a 476
concentration of fourteen-hundredths of one gram or more by 478
weight of alcohol per one hundred milliliters of the person's 479
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 481
appearance, the judge or referee of the court or the mayor of the 482
mayor's court shall determine whether one or more of the 483
conditions specified in divisions (H)(1)(a) to (d) of this 484
section have not been met. The person who appeals the suspension 485
has the burden of proving, by a preponderance of the evidence, 486
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that one or more of the specified conditions has not been met. 487
If during the appeal at the initial appearance the judge or 488
referee of the court or the mayor of the mayor's court determines 489
that all of those conditions have been met, the judge, referee, 490
or mayor shall uphold the suspension, shall continue the 491
suspension, and shall notify the registrar of the decision on a 492
form approved by the registrar. Except as otherwise provided in 493
division (H)(2) of this section, if the suspension is upheld or 494
if the person does not appeal the suspension at the person's 495
initial appearance under division (H)(1) of this section, the 496
suspension shall continue until the complaint alleging the 497
violation for which the person was arrested and in relation to 498
which the suspension was imposed is adjudicated on the merits by 499
the judge or referee of the trial court or by the mayor of the 500
mayor's court. If the suspension was imposed under division (E) 501
of this section and it is continued under this division, any 502
subsequent finding that the person is not guilty of the charge 503
that resulted in the person being requested to take the chemical 504
test or tests under division (A) of this section does not 505
terminate or otherwise affect the suspension. If the suspension 506
was imposed under division (F) of this section and it is 507
continued under this division, the suspension shall terminate if, 508
for any reason, the person subsequently is found not guilty of 509
the charge that resulted in the person taking the chemical test 510
or tests under division (A) of this section. 511
If, during the appeal at the initial appearance, the judge 513
or referee of the trial court or the mayor of the mayor's court 514
determines that one or more of the conditions specified in 515
divisions (H)(1)(a) to (d) of this section have not been met, the 516
judge, referee, or mayor shall terminate the suspension, subject 517
to the imposition of a new suspension under division (B) of 518
section 4511.196 of the Revised Code; shall notify the registrar 519
of the decision on a form approved by the registrar; and, except 520
as provided in division (B) of section 4511.196 of the Revised 522
14
Code, shall order the registrar to return the driver's or 523
commercial driver's license or permit to the person or to take 524
such measures as may be necessary, if the license or permit was 525
destroyed under section 4507.55 of the Revised Code, to permit 526
the person to obtain a replacement driver's or commercial 527
driver's license or permit from the registrar or a deputy 528
registrar in accordance with that section. The court also shall 529
issue to the person a court order, valid for not more than ten 530
days from the date of issuance, granting the person operating 531
privileges for that period of time.
If the person appeals the suspension at the initial 533
appearance, the registrar shall be represented by the prosecuting 534
attorney of the county in which the arrest occurred if the 535
initial appearance is conducted in a juvenile court or county 536
court, except that if the arrest occurred within a city or 537
village within the jurisdiction of the county court in which the 538
appeal is conducted, the city director of law or village 539
solicitor of that city or village shall represent the registrar. 540
If the appeal is conducted in a municipal court, the registrar 541
shall be represented as provided in section 1901.34 of the 542
Revised Code. If the appeal is conducted in a mayor's court, the 543
registrar shall be represented by the city director of law, 544
village solicitor, or other chief legal officer of the municipal 545
corporation that operates that mayor's court. 546
(I)(1) If a person's driver's or commercial driver's 548
license or permit or nonresident operating privilege has been 549
suspended pursuant to division (E) of this section, and the 550
person, within the preceding seven years, has refused three 551
previous requests to consent to a chemical test of the person's 553
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 554
of division (A) or (B) of section 4511.19 of the Revised Code, a 555
municipal ordinance relating to operating a vehicle while under 556
the influence of alcohol, a drug of abuse, or alcohol and a drug 557
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of abuse, a municipal ordinance relating to operating a vehicle 558
with a prohibited concentration of alcohol in the blood, breath, 559
or urine, section 2903.04 of the Revised Code in a case in which 560
the person was subject to the sanctions described in division (D) 561
of that section, or section 2903.06, 2903.07, or 2903.08 of the 562
Revised Code or a municipal ordinance that is substantially 563
similar to section 2903.07 of the Revised Code in a case in which 564
the jury or judge found that the person was under the influence 565
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 566
statute of the United States or of any other state or a municipal 567
ordinance of a municipal corporation located in any other state 568
that is substantially similar to division (A) or (B) of section 569
4511.19 of the Revised Code, the person is not entitled to 570
request, and the court shall not grant to the person, 571
occupational driving privileges under this division. Any other 572
person whose driver's or commercial driver's license or 573
nonresident operating privilege has been suspended pursuant to 574
division (E) of this section may file a petition requesting 575
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 576
is a minor, juvenile court with jurisdiction over the related 578
criminal or delinquency case. The petition may be filed at any 579
time subsequent to the date on which the notice of suspension is 580
served upon the arrested person. The person shall pay the costs 581
of the proceeding, notify the registrar of the filing of the 582
petition, and send the registrar a copy of the petition. 583
In the proceedings, the registrar shall be represented by 585
the prosecuting attorney of the county in which the arrest 586
occurred if the petition is filed in the juvenile court, county 587
court, or common pleas court, except that, if the arrest occurred 588
within a city or village within the jurisdiction of the county 590
court in which the petition is filed, the city director of law or 591
village solicitor of that city or village shall represent the 592
registrar. If the petition is filed in the municipal court, the 593
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registrar shall be represented as provided in section 1901.34 of 594
the Revised Code. If the petition is filed in a mayor's court, 595
the registrar shall be represented by the city director of law, 596
village solicitor, or other chief legal officer of the municipal 597
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 599
suspension would seriously affect the person's ability to 600
continue in the person's employment, may grant the person 601
occupational driving privileges during the period of suspension 603
imposed pursuant to division (E) of this section, subject to the 604
limitations contained in this division and division (I)(2) of 605
this section. The court may grant the occupational driving 606
privileges, subject to the limitations contained in this division 607
and division (I)(2) of this section, regardless of whether the 608
person appeals the suspension at the person's initial appearance 610
under division (H)(1) of this section or appeals the decision of 611
the court made pursuant to the appeal conducted at the initial 612
appearance, and, if the person has appealed the suspension or 613
decision, regardless of whether the matter at issue has been 614
heard or decided by the court. The court shall not grant 615
occupational driving privileges to any person who, within seven 616
years of the filing of the petition, has refused three previous 617
requests to consent to a chemical test of the person's blood, 619
breath, or urine to determine its alcohol content or has been 620
convicted of or pleaded guilty to three or more violations of 621
division (A) or (B) of section 4511.19 of the Revised Code, a 622
municipal ordinance relating to operating a vehicle while under 623
the influence of alcohol, a drug of abuse, or alcohol and a drug 624
of abuse, a municipal ordinance relating to operating a vehicle 625
with a prohibited concentration of alcohol in the blood, breath, 626
or urine, section 2903.04 of the Revised Code in a case in which 627
the person was subject to the sanctions described in division (D) 628
of that section, or section 2903.06, 2903.07, or 2903.08 of the 629
Revised Code or a municipal ordinance that is substantially 630
17
similar to section 2903.07 of the Revised Code in a case in which 631
the jury or judge found that the person was under the influence 632
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 633
statute of the United States or of any other state or a municipal 634
ordinance of a municipal corporation located in any other state 635
that is substantially similar to division (A) or (B) of section 636
4511.19 of the Revised Code, and shall not grant occupational 637
driving privileges for employment as a driver of commercial motor 638
vehicles to any person who is disqualified from operating a 639
commercial motor vehicle under section 2301.374 or 4506.16 of the 640
Revised Code.
(2)(a) In granting occupational driving privileges under 642
division (I)(1) of this section, the court may impose any 643
condition it considers reasonable and necessary to limit the use 644
of a vehicle by the person. The court shall deliver to the 645
person a permit card, in a form to be prescribed by the court, 646
setting forth the time, place, and other conditions limiting the 647
defendant's use of a vehicle. The grant of occupational driving 648
privileges shall be conditioned upon the person's having the 649
permit in the person's possession at all times during which the 651
person is operating a vehicle. 652
A person granted occupational driving privileges who 654
operates a vehicle for other than occupational purposes, in 655
violation of any condition imposed by the court, or without 656
having the permit in the person's possession, is guilty of a 657
violation of section 4507.02 of the Revised Code. 659
(b) The court may not grant a person occupational driving 661
privileges under division (I)(1) of this section when prohibited 662
by a limitation contained in that division or during any of the 663
following periods of time: 664
(i) The first thirty days of suspension imposed upon a 666
person who, within five years of the date on which the person 667
refused the request to consent to a chemical test of the person's 669
blood, breath, or urine to determine its alcohol content and for 671
18
which refusal the suspension was imposed, had not refused a 672
previous request to consent to a chemical test of the person's 673
blood, breath, or urine to determine its alcohol content; 675
(ii) The first ninety days of suspension imposed upon a 677
person who, within five years of the date on which the person 678
refused the request to consent to a chemical test of the person's 680
blood, breath, or urine to determine its alcohol content and for 682
which refusal the suspension was imposed, had refused one 683
previous request to consent to a chemical test of the person's 684
blood, breath, or urine to determine its alcohol content; 686
(iii) The first year of suspension imposed upon a person 688
who, within five years of the date on which the person refused 690
the request to consent to a chemical test of the person's blood, 692
breath, or urine to determine its alcohol content and for which 693
refusal the suspension was imposed, had refused two previous 694
requests to consent to a chemical test of the person's blood, 695
breath, or urine to determine its alcohol content; 697
(iv) The first three years of suspension imposed upon a 699
person who, within five years of the date on which the person 700
refused the request to consent to a chemical test of the person's 702
blood, breath, or urine to determine its alcohol content and for 704
which refusal the suspension was imposed, had refused three or 705
more previous requests to consent to a chemical test of the 706
person's blood, breath, or urine to determine its alcohol 708
content.
(3) The court shall give information in writing of any 710
action taken under this section to the registrar. 711
(4) If a person's driver's or commercial driver's license 713
or permit or nonresident operating privilege has been suspended 714
pursuant to division (F) of this section, and the person, within 715
the preceding seven years, has been convicted of or pleaded 716
guilty to three or more violations of division (A) or (B) of 717
section 4511.19 of the Revised Code, a municipal ordinance 718
relating to operating a vehicle while under the influence of 719
19
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 720
municipal ordinance relating to operating a vehicle with a 721
prohibited concentration of alcohol in the blood, breath, or 722
urine, section 2903.04 of the Revised Code in a case in which the 723
person was subject to the sanctions described in division (D) of 724
that section, or section 2903.06, 2903.07, or 2903.08 of the 725
Revised Code or a municipal ordinance that is substantially 726
similar to section 2903.07 of the Revised Code in a case in which 727
the jury or judge found that the person was under the influence 728
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 729
statute of the United States or of any other state or a municipal 730
ordinance of a municipal corporation located in any other state 732
that is substantially similar to division (A) or (B) of section 733
4511.19 of the Revised Code, the person is not entitled to 734
request, and the court shall not grant to the person, 735
occupational driving privileges under this division. Any other 736
person whose driver's or commercial driver's license or 737
nonresident operating privilege has been suspended pursuant to 738
division (F) of this section may file in the court specified in 739
division (I)(1) of this section a petition requesting 740
occupational driving privileges in accordance with section 741
4507.16 of the Revised Code. The petition may be filed at any 742
time subsequent to the date on which the arresting officer serves 743
the notice of suspension upon the arrested person. Upon the 744
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 745
The court may grant the occupational driving privileges, subject 746
to the limitations contained in section 4507.16 of the Revised 747
Code, regardless of whether the person appeals the suspension at 748
the person's initial appearance under division (H)(1) of this 750
section or appeals the decision of the court made pursuant to the 751
appeal conducted at the initial appearance, and, if the person 752
has appealed the suspension or decision, regardless of whether 753
the matter at issue has been heard or decided by the court. 754
20
(J) When it finally has been determined under the 756
procedures of this section that a nonresident's privilege to 757
operate a vehicle within this state has been suspended, the 758
registrar shall give information in writing of the action taken 759
to the motor vehicle administrator of the state of the person's 760
residence and of any state in which the person has a license. 761
(K) A suspension of the driver's or commercial driver's 763
license or permit of a resident, a suspension of the operating 764
privilege of a nonresident, or a denial of a driver's or 765
commercial driver's license or permit for refusal to submit to a 766
chemical test to determine the alcohol, drug, or alcohol and drug 767
content of the person's blood, breath, or urine pursuant to 768
division (E) OR (F) of this section, shall be terminated by the 770
registrar upon receipt of notice of the person's entering a plea 771
of guilty to, or of the person's conviction after entering a plea 772
of no contest under Criminal Rule 11 to OF, operating a vehicle 773
while under the influence of alcohol, a drug of abuse, or alcohol 774
and a drug of abuse or with a prohibited concentration of alcohol 775
in the blood, breath, or urine, if the offense for which the plea 776
is entered OR THAT RESULTED IN THE CONVICTION arose from the same 777
incident that led to the suspension or denial. 778
The registrar shall credit against any judicial suspension 780
of a person's driver's or commercial driver's license or permit 781
or nonresident operating privilege imposed pursuant to division 782
(B) or (E) of section 4507.16 of the Revised Code any time during 783
which the person serves a related suspension imposed pursuant to 784
division (E) or (F) of this section. 785
(L) At the end of a suspension period under this section, 787
section 4511.196, or division (B) of section 4507.16 of the 788
Revised Code and upon the request of the person whose driver's or 789
commercial driver's license or permit was suspended and who is 790
not otherwise subject to suspension, revocation, or 791
disqualification, the registrar shall return the driver's or 792
commercial driver's license or permit to the person upon the 793
21
occurrence of PERSON'S COMPLIANCE WITH all of the following 795
CONDITIONS SPECIFIED IN DIVISIONS (L)(1) AND (2) OF THIS SECTION: 796
(1) A showing by the person that the person had HAS proof 798
of financial responsibility, a policy of liability insurance in 800
effect that meets the minimum standards set forth in section 801
4509.51 of the Revised Code, or proof, to the satisfaction of the 802
registrar, that the person is able to respond in damages in an 803
amount at least equal to the minimum amounts specified in section 804
4509.51 of the Revised Code. 805
(2) Payment SUBJECT TO THE LIMITATION CONTAINED IN 807
DIVISION (L)(3) OF THIS SECTION, PAYMENT by the person of a 808
license reinstatement fee of two FOUR hundred eighty FIVE dollars 810
to the bureau of motor vehicles, which fee shall be deposited in 813
the state treasury and credited as follows: 814
(a) Seventy-five ONE HUNDRED TWELVE dollars AND FIFTY 816
CENTS shall be credited to the drivers' treatment and 818
intervention fund, which is hereby established. The fund shall 819
be used to pay the costs of driver treatment and intervention 820
programs operated pursuant to sections 3793.02 and 3793.10 of the 821
Revised Code. The director of alcohol and drug addiction 822
services shall determine the share of the fund that is to be 823
allocated to alcohol and drug addiction programs authorized by 824
section 3793.02 of the Revised Code, and the share of the fund
that is to be allocated to drivers' intervention programs 825
authorized by section 3793.10 of the Revised Code. 826
(b) Fifty SEVENTY-FIVE dollars shall be credited to the 828
reparations fund created by section 2743.191 of the Revised Code. 830
(c) Twenty-five THIRTY-SEVEN dollars AND FIFTY CENTS shall 833
be credited to the indigent drivers alcohol treatment fund, which 834
is hereby established. Except as otherwise provided in division 835
(L)(2)(c) of this section, moneys in the fund shall be 836
distributed by the department of alcohol and drug addiction 837
services to the county indigent drivers alcohol treatment funds, 839
the county juvenile indigent drivers alcohol treatment funds, and 840
22
the municipal indigent drivers alcohol treatment funds that are
required to be established by counties and municipal corporations 841
pursuant to division (N) of this section, and shall be used only 842
to pay the cost of an alcohol and drug addiction treatment 843
program attended by an offender or juvenile traffic offender who 844
is ordered to attend an alcohol and drug addiction treatment 845
program by a county, juvenile, or municipal court judge and who 846
is determined by the county, juvenile, or municipal court judge 847
not to have the means to pay for attendance at the program OR TO 848
PAY THE COSTS SPECIFIED IN DIVISION (N)(4) OF THIS SECTION IN 849
ACCORDANCE WITH THAT DIVISION. Moneys in the fund that are not 850
distributed to a county indigent drivers alcohol treatment fund, 851
a county juvenile indigent drivers alcohol treatment fund, or a 852
municipal indigent drivers alcohol treatment fund under division 853
(N) of this section because the director of alcohol and drug 854
addiction services does not have the information necessary to 855
identify the county or municipal corporation where the offender 856
or juvenile offender was arrested may be transferred by the 857
director of budget and management to the drivers' treatment and 858
intervention fund, created in division (L)(2)(a) of this section, 859
upon certification of the amount by the director of alcohol and
drug addiction services. 860
(d) Fifty SEVENTY-FIVE dollars shall be credited to the 862
Ohio rehabilitation services commission established by section 863
3304.12 of the Revised Code, to the services for rehabilitation 864
fund, which is hereby established. The fund shall be used to 865
match available federal matching funds where appropriate, and for 866
any other purpose or program of the commission to rehabilitate 867
people with disabilities to help them become employed and 868
independent.
(e) Fifty SEVENTY-FIVE dollars shall be deposited into the 870
state treasury and credited to the drug abuse resistance 872
education programs fund, which is hereby established, to be used 873
by the attorney general for the purposes specified in division 874
23
(L)(2)(e)(4) of this section. 875
(f) Thirty dollars shall be credited to the state bureau 877
of motor vehicles fund created by section 4501.25 of the Revised 878
Code.
(3) IF A PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE 880
OR PERMIT IS SUSPENDED UNDER DIVISION (E) OR (F) OF THIS SECTION, 882
SECTION 4511.196, OR DIVISION (B) OF SECTION 4507.16 OF THE 883
REVISED CODE, OR ANY COMBINATION OF THE SUSPENSIONS DESCRIBED IN 884
DIVISION (L)(3) OF THIS SECTION, AND IF THE SUSPENSIONS ARISE 885
FROM A SINGLE INCIDENT OR A SINGLE SET OF FACTS AND
CIRCUMSTANCES, THE PERSON IS LIABLE FOR PAYMENT OF, AND SHALL BE 886
REQUIRED TO PAY TO THE BUREAU, ONLY ONE REINSTATEMENT FEE OF FOUR 887
HUNDRED FIVE DOLLARS. THE REINSTATEMENT FEE SHALL BE DISTRIBUTED 888
BY THE BUREAU IN ACCORDANCE WITH DIVISION (L)(2) OF THIS SECTION. 889
(4) The attorney general shall use amounts in the drug 891
abuse resistance education programs fund to award grants to law 892
enforcement agencies to establish and implement drug abuse 893
resistance education programs in public schools. Grants awarded 894
to a law enforcement agency under division (L)(2)(e) of this 895
section shall be used by the agency to pay for not more than 896
fifty per cent of the amount of the salaries of law enforcement 897
officers who conduct drug abuse resistance education programs in 898
public schools. The attorney general shall not use more than six 899
per cent of the amounts the attorney general's office receives 901
under division (L)(2)(e) of this section to pay the costs it 902
incurs in administering the grant program established by division 903
(L)(2)(e) of this section and in providing training and materials 904
relating to drug abuse resistance education programs. 905
The attorney general shall report to the governor and the 907
general assembly each fiscal year on the progress made in 908
establishing and implementing drug abuse resistance education 909
programs. These reports shall include an evaluation of the 910
effectiveness of these programs. 911
(M) Suspension of a commercial driver's license under 913
24
division (E) or (F) of this section shall be concurrent with any 914
period of disqualification under section 2301.374 or 4506.16 of 915
the Revised Code. No person who is disqualified for life from 916
holding a commercial driver's license under section 4506.16 of 917
the Revised Code shall be issued a driver's license under Chapter 918
4507. of the Revised Code during the period for which the 919
commercial driver's license was suspended under division (E) or 920
(F) of this section, and no person whose commercial driver's 921
license is suspended under division (E) or (F) of this section 922
shall be issued a driver's license under that chapter during the 923
period of the suspension. 924
(N)(1) Each county shall establish an indigent drivers 926
alcohol treatment fund, each county shall establish a juvenile 927
indigent drivers alcohol treatment fund, and each municipal 928
corporation in which there is a municipal court shall establish 929
an indigent drivers alcohol treatment fund. All revenue that the 930
general assembly appropriates to the indigent drivers alcohol 931
treatment fund for transfer to a county indigent drivers alcohol 932
treatment fund, a county juvenile indigent drivers alcohol 933
treatment fund, or a municipal indigent drivers alcohol treatment 934
fund, all portions of fees that are paid under division (L) of 935
this section and that are credited under that division to the 936
indigent drivers alcohol treatment fund in the state treasury for 937
a county indigent drivers alcohol treatment fund, a county 938
juvenile indigent drivers alcohol treatment fund, or a municipal 939
indigent drivers alcohol treatment fund, and all portions of 940
fines that are specified for deposit into a county or municipal 941
indigent drivers alcohol treatment fund by section 4511.193 of 942
the Revised Code shall be deposited into that county indigent 943
drivers alcohol treatment fund, county juvenile indigent drivers 944
alcohol treatment fund, or municipal indigent drivers alcohol 945
treatment fund in accordance with division (N)(2) of this 946
section. Additionally, all portions of fines that are paid for a 947
violation of section 4511.19 of the Revised Code or division 948
25
(B)(2) of section 4507.02 of the Revised Code, and that are 949
required under division (A)(1) or (2) of section 4511.99 or 950
division (B)(5) of section 4507.99 of the Revised Code to be 951
deposited into a county indigent drivers alcohol treatment fund 952
or municipal indigent drivers alcohol treatment fund shall be 953
deposited into the appropriate fund in accordance with the 954
applicable division. 955
(2) That portion of the license reinstatement fee that is 957
paid under division (L) of this section and that is credited 958
under that division to the indigent drivers alcohol treatment 959
fund shall be deposited into a county indigent drivers alcohol 960
treatment fund, a county juvenile indigent drivers alcohol 961
treatment fund, or a municipal indigent drivers alcohol treatment 962
fund as follows: 963
(a) If the suspension in question was imposed under this 965
section, that portion of the fee shall be deposited as follows: 966
(i) If the fee is paid by a person who was charged in a 968
county court with the violation that resulted in the suspension, 969
the portion shall be deposited into the county indigent drivers 970
alcohol treatment fund under the control of that court; 971
(ii) If the fee is paid by a person who was charged in a 973
juvenile court with the violation that resulted in the 974
suspension, the portion shall be deposited into the county 975
juvenile indigent drivers alcohol treatment fund established in 976
the county served by the court; 977
(iii) If the fee is paid by a person who was charged in a 979
municipal court with the violation that resulted in the 980
suspension, the portion shall be deposited into the municipal 981
indigent drivers alcohol treatment fund under the control of that 982
court. 983
(b) If the suspension in question was imposed under 985
division (B) of section 4507.16 of the Revised Code, that portion 986
of the fee shall be deposited as follows: 987
(i) If the fee is paid by a person whose license or permit 989
26
was suspended by a county court, the portion shall be deposited 990
into the county indigent drivers alcohol treatment fund under the 991
control of that court; 992
(ii) If the fee is paid by a person whose license or 994
permit was suspended by a municipal court, the portion shall be 995
deposited into the municipal indigent drivers alcohol treatment 996
fund under the control of that court. 997
(3) Expenditures from a county indigent drivers alcohol 999
treatment fund, a county juvenile indigent drivers alcohol 1,000
treatment fund, or a municipal indigent drivers alcohol treatment 1,001
fund shall be made only upon the order of a county, juvenile, or 1,002
municipal court judge and only for payment of the cost of the 1,003
attendance at an alcohol and drug addiction treatment program of 1,004
a person who is convicted of, or found to be a juvenile traffic 1,005
offender by reason of, a violation of division (A) of section 1,006
4511.19 of the Revised Code or a substantially similar municipal 1,007
ordinance, who is ordered by the court to attend the alcohol and 1,008
drug addiction treatment program, and who is determined by the 1,009
court to be unable to pay the cost of attendance at the treatment 1,011
program OR FOR PAYMENT OF THE COSTS SPECIFIED IN DIVISION (N)(4) 1,012
OF THIS SECTION IN ACCORDANCE WITH THAT DIVISION. The ALCOHOL 1,013
AND DRUG ADDICTION SERVICES BOARD OR THE board of alcohol, drug
addiction, and mental health services established pursuant to 1,015
section 340.02 OR 340.021 of the Revised Code AND serving the 1,017
alcohol, drug addiction, and mental health service district in 1,018
which the court is located shall administer the indigent drivers 1,019
alcohol treatment program of the court. When a court orders an 1,020
offender or juvenile traffic offender to attend an alcohol and 1,021
drug addiction treatment program, the board shall determine which 1,022
program is suitable to meet the needs of the offender or juvenile 1,023
traffic offender, and when a suitable program is located and 1,024
space is available at the program, the offender or juvenile 1,025
traffic offender shall attend the program designated by the 1,026
board. A reasonable amount not to exceed five per cent of the 1,027
27
amounts credited to and deposited into the county indigent 1,028
drivers alcohol treatment fund, the county juvenile indigent 1,029
drivers alcohol treatment fund, or the municipal indigent drivers 1,030
alcohol treatment fund serving every court whose program is 1,031
administered by that board shall be paid to the board to cover 1,032
the costs it incurs in administering those indigent drivers 1,033
alcohol treatment programs.
(4) IF A COUNTY, JUVENILE, OR MUNICIPAL COURT DETERMINES, 1,035
IN CONSULTATION WITH THE ALCOHOL AND DRUG ADDICTION SERVICES 1,036
BOARD OR THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 1,037
SERVICES ESTABLISHED PURSUANT TO SECTION 340.02 OR 340.021 OF THE 1,038
REVISED CODE AND SERVING THE ALCOHOL, DRUG ADDICTION, AND MENTAL 1,039
HEALTH DISTRICT IN WHICH THE COURT IS LOCATED, THAT THE FUNDS IN 1,040
THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND, THE COUNTY
JUVENILE INDIGENT DRIVERS ALCOHOL TREATMENT FUND, OR THE 1,041
MUNICIPAL INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE 1,042
CONTROL OF THE COURT ARE MORE THAN SUFFICIENT TO SATISFY THE 1,043
PURPOSE FOR WHICH THE FUND WAS ESTABLISHED, AS SPECIFIED IN 1,044
DIVISIONS (N)(1) TO (3) OF THIS SECTION, THE COURT MAY DECLARE A 1,045
SURPLUS IN THE FUND. IF THE COURT DECLARES A SURPLUS IN THE 1,046
FUND, THE COURT MAY EXPEND THE AMOUNT OF THE SURPLUS IN THE FUND
FOR ALCOHOL AND DRUG ABUSE ASSESSMENT AND TREATMENT OF PERSONS 1,047
WHO ARE CHARGED IN THE COURT WITH COMMITTING A CRIMINAL OFFENSE 1,048
OR WITH BEING A DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER AND 1,049
IN RELATION TO WHOM BOTH OF THE FOLLOWING APPLY: 1,050
(a) THE COURT DETERMINES THAT SUBSTANCE ABUSE WAS A 1,052
CONTRIBUTING FACTOR LEADING TO THE CRIMINAL OR DELINQUENT 1,053
ACTIVITY OR THE JUVENILE TRAFFIC OFFENSE WITH WHICH THE PERSON IS 1,054
CHARGED.
(b) THE COURT DETERMINES THAT THE PERSON IS UNABLE TO PAY 1,057
THE COST OF THE ALCOHOL AND DRUG ABUSE ASSESSMENT AND TREATMENT
FOR WHICH THE SURPLUS MONEY WILL BE USED. 1,058
Section 2. That existing section 4511.191 of the Revised 1,060
Code is hereby repealed. 1,061
28
Section 3. Section 4511.191 of the Revised Code is 1,063
presented in this act as a composite of the section as amended by 1,064
both Sub. S.B. 85 and Am. Sub. S.B. 60 of the 122nd General 1,065
Assembly, with the new language of neither of the acts shown in 1,066
capital letters. This is in recognition of the principle stated
in division (B) of section 1.52 of the Revised Code that such 1,068
amendments are to be harmonized where not substantively
irreconcilable and constitutes a legislative finding that such is 1,069
the resulting version in effect prior to the effective date of 1,070
this act.