REPRESENTATIVES Manning, Reidelbach, Carmichael, Flowers, Latta, Niehaus, Gilb, Buehrer, Otterman, Redfern, Metzger, Boccieri, Rhine, Wilson, Clancy, Distel, Hartnett, Hoops, Wolpert, McGregor, Allen, Cirelli, D. Miller, Carano, Key, Barrett, Grendell, Sferra, Britton, Williams, Olman, Fedor, Driehaus, Woodard, Schaffer, Brown, G. Smith, Fessler, Aslanides, Seitz, Evans, Roman, Kilbane, Beatty, S. Smith, Peterson, Kearns, Schneider, Collier, Carey, Setzer, Flannery, Mason, Jerse, DeBose, Hagan, Widowfield, Core, Reinhard, White, Husted, Womer Benjamin, Latell, DePiero, Jolivette, Strahorn, Sullivan, Salerno

To amend sections 1547.11, 1547.111, and 4511.19 and to enact sections 2909.09, 2909.10, and 2909.101 of

1

the Revised Code to prohibit knowingly dropping or

2

throwing any object at, onto, or in the path of any

3

vehicle on a highway or any vessel on a waterway,

4

to prohibit knowingly dropping or throwing any

5

object in the path of a railroad, to enact other

6

new offenses relating to railroad property and

7

operations and railroad grade crossing warning

8

signals and other protective devices, to create

9

the Highway, Bridge, and Overpass Vandal Fence Task

10

Force and to make amendments relative to the use, in a vehicle or watercraft OMVI or OMVUAC prosecution and in a "having physical control of a vehicle while under the influence" prosecution, of the results of field sobriety tests and to clarifications in the watercraft OMVI and OMVUAC law and implied consent law and to amend the versions of sections 1547.11, 1547.111, 4511.19, and 4511.194 of the Revised Code that are scheduled to take effect January 1, 2004, to continue the provisions of this act on and after that effective date.

11

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1547.11, 1547.111, and 4511.19 be amended and sections 2909.09, 2909.10, and 2909.101 of	12
the Revised Code be enacted to read as follows:	13

Sec. 1547.11.  (A) No person shall operate or be in	4
physical control of any vessel underway or shall manipulate any	5
water skis, aquaplane, or similar device on the waters in this	6
state if any of the following applies:	7

(1) The person is under the influence of alcohol or a drug	8
of abuse, or the combined influence of alcohol and a drug of	9
abuse;	10

(2) The person has a concentration of ten-hundredths of one	11
per cent or more by weight of alcohol in the person's blood;	12

(3) The person has a concentration of fourteen-hundredths of	13
one gram or more by weight of alcohol per one hundred milliliters	14
of the person's urine;	15

(4) The person has a concentration of ten-hundredths of one	16
gram or more by weight of alcohol per two hundred ten liters of	17
the person's breath.	18

(B) No person under twenty-one years of age shall operate or	19
be in physical control of any vessel underway or shall manipulate	20
any water skis, aquaplane, or similar device on the waters in this	21
state if any of the following applies:	22

(1) The person has a concentration of at least	23
two-hundredths of one per cent, but less than ten-hundredths of	24
one per cent by weight of alcohol in the person's blood;	25

(2) The person has a concentration of at least twenty-eight	26
one-thousandths of one gram, but less than fourteen-hundredths of	27
one gram by weight of alcohol per one hundred milliliters of the	28
person's urine;	29

(3) The person has a concentration of at least	30
two-hundredths of one gram, but less than ten-hundredths of one	31
gram by weight of alcohol per two hundred ten liters of the	32
person's breath.	33

(C) In any proceeding arising out of one incident, a person	34
may be charged with a violation of division (A)(1) and a violation	35
of division (B)(1), (2), or (3) of this section, but the person	36
shall not be convicted of more than one violation of those	37
divisions.	38

(D)(1) In any criminal prosecution or juvenile court	39
proceeding for a violation of division (A) or (B) of this section	40
or, of an ordinance of anya municipal corporationordinance	41
relating to operating or being in physical control of a vessel	42
underway or usingmanipulating any water skis, aquaplane, or	43
similar device while under the influence of alcohol or, a drug of	44
abuse, or the combined influence of alcohol and a drug of abuse,	45
or of a municipal ordinance relating to operating or being in	46
physical control of a vessel underway or manipulating any water	47
skis, aquaplane, or similar device with a prohibited concentration	48
of alcohol in the blood, breath, or urine, the court may admit	49
evidence on the concentration of alcohol or a drug, drugs of	50
abuse, or alcohol and drugs of abuse in the defendant's blood,	51
urine, or breath at the time of the alleged violation as shown by	52
chemical analysis of the defendant's blood, urine, or breath taken	53
within two hours of the time of the alleged violation.	54

When a person submits to a blood test, only a physician,	55
registered nurse, or qualified technician or chemist shall	56
withdraw blood for the purpose of determining its alcohol or drug	57
of abuse content. This limitation does not apply to the taking of	58
breath or urine specimens. A physician, registered nurse, or	59
qualified technician or chemist may refuse to withdraw blood for	60
the purpose of determining its alcohol or drug of abuse content if	61
in the opinion of the physician, nurse, or technician or chemist,	62
the physical welfare of the person would be endangered by the	63
withdrawing of blood.	64

The blood, urine, or breath shall be analyzed in accordance	65
with methods approved by the director of health by an individual	66
possessing a valid permit issued by the director pursuant to	67
section 3701.143 of the Revised Code.	68

If(2) In a criminal prosecution or juvenile court proceeding	69
for a violation of division (A) of this section, of a municipal	70
ordinance relating to operating or being in physical control of a	71
vessel underway or manipulating any water skis, aquaplane, or	72
similar device on the waters of this state while under the	73
influence of alcohol, a drug of abuse, or the combined influence	74
of alcohol and a drug of abuse, or of a municipal ordinance	75
substantially equivalent to division (A) of this section relating	76
to operating or being in physcial control of a vessel underway or	77
manipulating any water skis, aquaplane, or similar device on the	78
waters of this state with a prohibited concentration of alcohol in	79
the blood, breath, or urine, if there was at the time the blood,	80
urine, or breathbodily substance was taken a concentration of	81
less than ten-hundredths of one per cent by weight of alcohol in	82
the defendant's blood, less than fourteen-hundredths of one gram	83
by weight of alcohol per one hundred milliters of the defendant's	84
urine, or less than ten-hundredths of one gram by weight of	85
alcohol per two hundred ten liters of the defendant's breath, that	86
fact may be considered with other competent evidence in	87
determining the guilt or innocence of the defendant. This division	88
does not limit or affect a criminal prosecution or juvenile court	89
proceeding for a violation of division (B) of this section or of a	90
municipal ordinance substantially equivalent to division (B) of	91
this section relating to operating or being in physical control of	92
a vessel underway or manipulating any water skis, aquaplane, or	93
similar device on the waters of this state with a prohibited	94
concentration of alcohol in the blood, breath, or urine.	95

(3) Upon the request of the person who was tested, the	96
results of the test shall be made available to the person or the	97
person's attorney or agent immediately upon the completion of the	98
test analysis.	99

The person tested may have a physician, registered nurse, or	100
qualified technician or chemist of the person's own choosing	101
administer a chemical test or tests in addition to any	102
administered at the direction of a law enforcement officer, and	103
shall be so advised. The failure or inability to obtain an	104
additional test by a person shall not preclude the admission of	105
evidence relating to the test or tests taken at the direction of a	106
law enforcement officer.	107

A physician, registered nurse, or qualified technician or	108
chemist who withdraws blood from a person pursuant to this	109
section, and a hospital, first-aid station, or clinic at which	110
blood is withdrawn from a person pursuant to this section, is	111
immune from criminal liability, and from civil liability that is	112
based upon a claim of assault and battery or based upon any other	113
claim that is not in the nature of a claim of malpractice, for any	114
act performed in withdrawing blood from the person.	115

(E)(1) In any criminal prosecution or juvenile court	116
proceeding for a violation of division (A) or (B) of this section,	117
of a municipal ordinance relating to operating or being in	118
physical control of any vessel underway or manipulating any water	119
skis, aquaplane, or similar device on the waters of this state	120
while under the influence of alcohol, a drug of abuse, or the	121
combined influence of alcohol and a drug of abuse, or of a	122
municipal ordinance relating to operating or being in physical	123
control of any vessel underway or manipulating any water skis,	124
aquaplane, or similar device on the waters of this state with a	125
prohibited concentration of alcohol in the blood, breath, or	126
urine, if a law enforcement officer has administered a field	127
sobriety test to the operator or person found to be in physical	128
control of the vessel underway involved in the violation or the	129
person manipulating the water skis, aquaplane, or similar device	130
involved in the violation and if it is shown by clear and	131
convincing evidence that the officer administered the test in	132
substantial compliance with the testing standards for reliable,	133
credible and generally accepted field sobriety tests for vehicles	134
that were in effect at the time the tests were administered,	135
including, but not limited to, any testing standards then in	136
effect that have been set by the national highway traffic safety	137
administration, that by their nature are not clearly inapplicable	138
regarding the operation or physical control of vessels underway or	139
the manipulation of water skis, aquaplanes, or similar devices,	140
all of the following apply:	141

(a) The officer may testify concerning the results of the	142
field sobriety test so administered.	143

(b) The prosecution may introduce the results of the field	144
sobriety test so administered as evidence in any proceedings in	145
the criminal prosecution or juvenile court proceeding.	146

(c) If testimony is presented or evidence is introduced under	147
division (E)(1)(a) or (b) of this section and if the testimony or	148
evidence is admissible under the Rules of Evidence, the court	149
shall admit the testimony or evidence, and the trier of fact shall	150
give it whatever weight the trier of fact considers to be	151
appropriate.	152

(2) Division (E)(1) of this section does not limit or	153
preclude a court, in its determination of whether the arrest of a	154
person was supported by probable cause or its determination of any	155
other matter in a criminal prosecution or juvenile court	156
proceeding of a type described in that division, from considering	157
evidence or testimony that is not otherwise disallowed by division	158
(E)(1) of this section.	159

(F)(1) As used in division (E) of this section, "national	160
highway traffic safety administration" has the same meaning as in	161
section 4511.19 of the Revised Code.	162

(2) For the purposes of this section, "operate" means that a	163
vessel is being used on the waters in this state when the vessel	164
is not securely affixed to a dock or to shore or to any permanent	165
structure to which the vessel has the right to affix or that a	166
vessel is not anchored in a designated anchorage area or boat	167
camping area that is established by the United States coast guard,	168
this state, or a political subdivision and in which the vessel has	169
the right to anchor.	170

Sec. 1547.111.  (A) Any person who operates or is in	171
physical control of a vessel or usesmanipulates any water skis,	172
aquaplane, or similar device upon any waters in this state shall	173
be deemed to have given consent to a chemical test or tests of the	174
person's blood, breath, or urine for the purpose of determining	175
its alcohol or drug of abuse content if arrested for the offense	176
of operating or being in physical control of a vessel or using	177
manipulating any water skis, aquaplane, or similar device in	178
violation of section 1547.11 of the Revised Codewhile under the	179
influence of alcohol, a drug of abuse, or the combined influence	180
of alcohol and a drug of abuse or for operating or being in	181
physical control of a vessel or manipulating any water skis,	182
aquaplane, or similar device with a prohibited concentration of	183
alcohol in the blood, breath, or urine. The test or tests shall	184
be administered at the direction of a law enforcement officer	185
having reasonable grounds to believe the person to have been so	186
operating or being in physical control of a vessel or usingso	187
manipulating any water skis, aquaplane, or similar device in	188
violation of section 1547.11 of the Revised Code. The law	189
enforcement agency by which the officer is employed shall	190
designate which of the tests shall be administered.	191

(B) Any person who is dead, unconscious, or otherwise in a	192
condition rendering the person incapable of refusal shall be	193
deemed not to have withdrawn consent provided by division (A) of	194
this section and the test or tests may be administered, subject to	195
sections 313.12 to 313.16 of the Revised Code.	196

(C) Any person under arrest for the offense of operating or	197
being in physical control of a vessel or usingmanipulating any	198
water skis, aquaplane, or similar device in violation of section	199
1547.11 of the Revised Codewhile under the influence of alcohol,	200
a drug of abuse, or the combined influence of alcohol and a drug	201
of abuse or for operating or being in physical control of a vessel	202
or manipulating any water skis, aquaplane, or similar device with	203
a prohibited concentration of alcohol in the blood, breath, or	204
urine shall be advised of the consequences of refusing to submit	205
to a chemical test designated by the law enforcement agency as	206
provided in division (A) of this section. The advice shall be in	207
a written form prescribed by the chief of the division of	208
watercraft and shall be read to the person. The form shall	209
contain a statement that the form was shown to the person under	210
arrest and read to the person in the presence of the arresting	211
officer and either another law enforcement officer, a civilian law	212
enforcement employee, or an employee of a hospital, first-aid	213
station, or clinic, if any, to which the person has been taken for	214
first-aid or medical treatment. The witnesses shall certify to	215
this fact by signing the form.	216

(D) If a person under arrest for the offense of operating a	217
vessel or using any water skis, aquaplane, or similar device in	218
violation of section 1547.11 of the Revised Codeas described in	219
division (C)(1) of this section refuses upon the request of a law	220
enforcement officer to submit to a chemical test designated by the	221
law enforcement agency as provided in division (A) of this	222
section, after first having been advised of the consequences of	223
the refusal as provided in division (C) of this section, no	224
chemical test shall be given, but the chief, upon receipt of a	225
sworn statement of the law enforcement officer that the law	226
enforcement officer had reasonable grounds to believe the arrested	227
person had been operating or in physical control of a vessel or	228
usingmanipulating any water skis, aquaplane, or similar device	229
while under the influence of alcohol or, a drug of abuse, underor	230
the combined influence of alcohol and a drug of abuse, or with a	231
prohibited concentration of alcohol in the person's blood, urine,	232
or breath, and that the person refused to submit to the chemical	233
test upon the request of the law enforcement officer, and upon	234
receipt of the form as provided in division (C) of this section	235
certifying that the arrested person was advised of the	236
consequences of the refusal, shall inform the person by written	237
notice that the person is prohibited from operating a vessel or	238
usingmanipulating any water skis, aquaplane, or similar device,	239
and is prohibited from registering any watercraft in accordance	240
with section 1547.54 of the Revised Code, for one year following	241
the date of the alleged violation of section 1547.11 of the	242
Revised Code. The suspension of these operation, use	243
manipulation, and registration privileges shall continue for the	244
entire one-year period, subject to review as provided in this	245
section.	246

If the person under arrest is the owner of the vessel	247
involved in the alleged violation, the law enforcement officer who	248
arrested the person shall seize the watercraft registration	249
certificate and tags from the vessel involved in the violation and	250
forward them to the chief. The chief, in addition to informing	251
the person by written notice that the person is prohibited from	252
operating a vessel or usingmanipulating any water skis,	253
aquaplane, or similar device, and from registering any watercraft	254
in accordance with section 1547.54 of the Revised Code, for one	255
year following the date of the alleged violation, shall retain the	256
impounded registration certificate and tags, and shall impound all	257
other registration certificates and tags issued to the person in	258
accordance with sections 1547.54 and 1547.57 of the Revised Code,	259
for a period of one year following the date of the alleged	260
violation, subject to review as provided in this section.	261

If the arrested person fails to surrender the registration	262
certificate because it is not on the person of the arrested person	263
or in the watercraft, the law enforcement officer who made the	264
arrest shall order the person to surrender it within twenty-four	265
hours to the law enforcement officer or the law enforcement agency	266
that employs the law enforcement officer. If the person fails to	267
do so, the law enforcement officer shall notify the chief of that	268
fact in the statement the officer submits to the chief under this	269
division.	270

(E) Upon suspending a person's operation, usemanipulation,	271
and registration privileges in accordance with division (D) of	272
this section, the chief shall notify the person in writing, at the	273
person's last known address, and inform the person that the person	274
may petition for a hearing in accordance with division (F) of this	275
section. If a person whose operation, usemanipulation, and	276
registration privileges have been suspended petitions for a	277
hearing or appeals any decision that is adverse to the person, the	278
suspension of privileges shall begin at the termination of any	279
hearing or appeal unless the hearing or appeal resulted in a	280
decision favorable to the person.	281

(F) Any person who has been notified by the chief that the	282
person is prohibited from operating a vessel or usingmanipulating	283
any water skis, aquaplane, or similar device and from registering	284
any watercraft in accordance with section 1547.54 of the Revised	285
Code, or who has had the registration certificate and tags of the	286
person's watercraft impounded pursuant to division (D) of this	287
section, within twenty days of the notification or impoundment,	288
may file a petition in the municipal court or the county court, or	289
if the person is a minor in juvenile court, in whose jurisdiction	290
the arrest occurred, agreeing to pay the cost of the proceedings	291
and alleging error in the action taken by the chief under division	292
(D) of this section or alleging one or more of the matters within	293
the scope of the hearing as provided in this section, or both. The	294
petitioner shall notify the chief of the filing of the petition	295
and send the chief a copy of the petition.	296

The scope of the hearing is limited to the issues of whether	297
the law enforcement officer had reasonable grounds to believe the	298
petitioner was operating or in physical control of a vessel or	299
usingmanipulating any water skis, aquaplane, or similar device	300
while under the influence of alcohol or, a drug of abuse, underor	301
the combined influence of alcohol and a drug of abuse, or with a	302
prohibited concentration of alcohol or a drug of abuse in the	303
person's blood, urine, or breath, whether the petitioner was	304
placed under arrest, whether the petitioner refused to submit to	305
the chemical test upon request of the officer, and whether the	306
petitioner was advised of the consequences of the refusal.	307

(G)(1) The chief shall furnish the court a copy of the	308
affidavit as provided in division (C) of this section and any	309
other relevant information requested by the court.	310

(2) In hearing the matter and in determining whether the	311
person has shown error in the decision taken by the chief as	312
provided in division (D) of this section, the court shall decide	313
the issue upon the relevant, competent, and material evidence	314
submitted by the chief or the person whose operation, use, and	315
registration privileges have been suspended.	316

In the proceedings, the chief shall be represented by the	317
prosecuting attorney of the county in which the petition is filed	318
if the petition is filed in a county court or juvenile court,	319
except that if the arrest occurred within a city or village within	320
the jurisdiction of the county court in which the petition is	321
filed, the city director of law or village solicitor of that city	322
or village shall represent the chief. If the petition is filed in	323
the municipal court, the chief shall be represented as provided in	324
section 1901.34 of the Revised Code.	325

(3) If the court finds from the evidence submitted that the	326
person has failed to show error in the action taken by the chief	327
under division (D) of this section or in one or more of the	328
matters within the scope of the hearing as provided in division	329
(F) of this section, or both, the court shall assess the cost of	330
the proceeding against the person and shall uphold the suspension	331
of the operation, usemanipulation, and registration privileges	332
provided in division (D) of this section. If the court finds that	333
the person has shown error in the action taken by the chief under	334
division (D) of this section or in one or more of the matters	335
within the scope of the hearing as provided in division (F) of	336
this section, or both, the cost of the proceedings shall be paid	337
out of the county treasury of the county in which the proceedings	338
were held, the operation, usemanipulation, and registration	339
privileges of the person shall be reinstated without charge, and	340
the registration certificate and tags, if impounded, shall be	341
returned without charge.	342

(4) The court shall give information in writing of any	343
action taken under this section to the chief.	344

(H) At the end of any period of suspension or impoundment	345
imposed under this section, and upon request of the person whose	346
operation, use, and registration privileges were suspended or	347
whose registration certificate and tags were impounded, the chief	348
shall reinstate the person's operation, usemanipulation, and	349
registration privileges by written notice and return the	350
certificate and tags.	351

(I) No person who has received written notice from the chief	352
that the person is prohibited from operating a vessel or using	353
manipulating any water skis, aquaplane, or similar device, and	354
from registering a watercraft, or who has had the registration	355
certificate and tags of the person's watercraft impounded, in	356
accordance with division (D) of this section, shall operate a	357
vessel or usemanipulate any water skis, aquaplane, or similar	358
device for a period of one year following the date of the person's	359
alleged violation of section 1547.11 of the Revised Code.	360

Sec. 2909.09. (A) As used in this section:

14

(1) "Highway" means any highway as defined in section	15
4511.01 of the Revised Code or any lane, road, street, alley,	16
bridge, or overpass.	17

(2) "Alley," "street," "streetcar," "trackless trolley,"	18
and "vehicle" have the same meanings as in section 4511.01 of the	19
Revised Code.	20

(3) "Vessel" and "waters in this state" have the same	21
meanings as in section 1547.01 of the Revised Code.	22

(B) No person shall knowingly, and by any means, drop or	23
throw any object at, onto, or in the path of any of the following:	24

(1) Any vehicle, streetcar, or trackless trolley on a	25
highway;	26

(2) Any boat or vessel on any of the waters in this state.

27

(C) Whoever violates this section is guilty of vehicular	28
vandalism. Except as otherwise provided in this division,	29
vehicular vandalism is a misdemeanor of the first degree. Except	30
as otherwise provided in this division, if the violation of this	31
section creates a substantial risk of physical harm to any person	32
or the violation of this section causes serious physical harm to	33
property, vehicular vandalism is a felony of the fourth degree.	34
Except as otherwise provided in this division, if the violation of	35
this section causes physical harm to any person, vehicular	36
vandalism is a felony of the third degree. If the violation of	37
this section causes serious physical harm to any person, vehicular	38
vandalism is a felony of the second degree.	39

Sec. 2909.10.  (A) No person shall knowingly, and by any	40
means, drop or throw any object at, onto, or in the path of, any	41
railroad rail, railroad track, locomotive, engine, railroad car,	42
or other vehicle of a railroad company while such vehicle is on a	43
railroad track.	44

(B) No person, without privilege to do so, shall climb upon	45
or into any locomotive, engine, railroad car, or other vehicle of	46
a railroad company when it is on a railroad track.	47

(C) No person, without privilege to do so, shall disrupt,	48
delay, or prevent the operation of any train or other vehicle of a	49
railroad company while such vehicle is on a railroad track.	50

(D) No person, without privilege to do so, shall knowingly	51
enter or remain on the land or premises of a railroad company.	52

(E) Whoever violates division (A) of this section is guilty	53
of railroad vandalism. Whoever violates division (B) of this	54
section is guilty of criminal trespass on a locomotive, engine,	55
railroad car, or other railroad vehicle. Whoever violates division	56
(C) of this section is guilty of interference with the operation	57
of a train.	58

Except as otherwise provided in this division, railroad	59
vandalism; criminal trespass on a locomotive, engine, railroad	60
car, or other railroad vehicle; and interference with the	61
operation of a train each is a misdemeanor of the first degree.	62
Except as otherwise provided in this division, if the violation of	63
division (A), (B), or (C) of this section causes serious physical	64
harm to property or creates a substantial risk of physical harm to	65
any person, the violation is a felony of the fourth degree. Except	66
as otherwise provided in this division, if the violation of	67
division (A), (B), or (C) of this section causes physical harm to	68
any person, the violation is a felony of the third degree. If the	69
violation of division (A), (B), or (C) of this section causes	70
serious physical harm to any person, the violation is a felony of	71
the second degree.	72

(F) Whoever violates division (D) of this section is guilty	73
of criminal trespass on the land or premises of a railroad	74
company, a misdemeanor of the fourth degree.	75

Sec. 2909.101.  (A) No person shall knowingly deface,	76
damage, obstruct, remove, or otherwise impair the operation of any	77
railroad grade crossing warning signal or other protective device,	78
including any gate, bell, light, crossbuck, stop sign, yield sign,	79
advance warning sign, or advance pavement marking.	80

(B) Whoever violates this section is guilty of railroad grade	81
crossing device vandalism. Except as otherwise provided in this	82
division, railroad grade crossing device vandalism is a	83
misdemeanor of the first degree. Except as otherwise provided in	84
this division, if the violation of this section causes serious	85
physical harm to property or creates a substantial risk of	86
physical harm to any person, railroad grade crossing device	87
vandalism is a felony of the fourth degree. Except as otherwise	88
provided in this division, if the violation of this section causes	89
physical harm to any person, railroad grade crossing device	90
vandalism is a felony of the third degree. If the violation of	91
this section causes serious physical harm to any person, railroad	92
grade crossing device vandalism is a felony of the second degree.	93

Sec. 4511.19.  (A) No person shall operate any vehicle,	362
streetcar, or trackless trolley within this state, if any of the	363
following apply:	364

(1) The person is under the influence of alcohol, a drug of	365
abuse, or alcohol and a drug of abuse;	366

(2) The person has a concentration of ten-hundredths of one	367
per cent or more but less than seventeen-hundredths of one per	368
cent by weight of alcohol in the person's blood;	369

(3) The person has a concentration of ten-hundredths of one	370
gram or more but less than seventeen-hundredths of one gram by	371
weight of alcohol per two hundred ten liters of the person's	372
breath;	373

(4) The person has a concentration of fourteen-hundredths of	374
one gram or more but less than two hundred	375
thirty-eight-thousandths of one gram by weight of alcohol per one	376
hundred milliliters of the person's urine;	377

(5) The person has a concentration of seventeen-hundredths	378
of one per cent or more by weight of alcohol in the person's	379
blood;	380

(6) The person has a concentration of seventeen-hundredths	381
of one gram or more by weight of alcohol per two hundred ten	382
liters of the person's breath;	383

(7) The person has a concentration of two hundred	384
thirty-eight-thousandths of one gram or more by weight of alcohol	385
per one hundred milliliters of the person's urine.	386

(B) No person under twenty-one years of age shall operate	387
any vehicle, streetcar, or trackless trolley within this state, if	388
any of the following apply:	389

(1) The person has a concentration of at least	390
two-hundredths of one per cent but less than ten-hundredths of one	391
per cent by weight of alcohol in the person's blood;	392

(2) The person has a concentration of at least	393
two-hundredths of one gram but less than ten-hundredths of one	394
gram by weight of alcohol per two hundred ten liters of the	395
person's breath;	396

(3) The person has a concentration of at least twenty-eight	397
one-thousandths of one gram but less than fourteen-hundredths of	398
one gram by weight of alcohol per one hundred milliliters of the	399
person's urine.	400

(C) In any proceeding arising out of one incident, a person	401
may be charged with a violation of division (A)(1) and a violation	402
of division (B)(1), (2), or (3) of this section, but the person	403
may not be convicted of more than one violation of these	404
divisions.	405

(D)(1) In any criminal prosecution or juvenile court	406
proceeding for a violation of division (A) or (B) of this section,	407
of a municipal ordinance relating to operating a vehicle while	408
under the influence of alcohol, a drug of abuse, or alcohol and a	409
drug of abuse, or of a municipal ordinance relating to operating a	410
vehicle with a prohibited concentration of alcohol in the blood,	411
breath, or urine, the court may admit evidence on the	412
concentration of alcohol, drugs of abuse, or alcohol and drugs of	413
abuse in the defendant's blood, breath, urine, or other bodily	414
substance at the time of the alleged violation as shown by	415
chemical analysis of the defendant's blood, urine, breath, or	416
other bodily substance withdrawn within two hours of the time of	417
the alleged violation.	418

When a person submits to a blood test at the request of a	419
police officer under section 4511.191 of the Revised Code, only a	420
physician, a registered nurse, or a qualified technician or	421
chemist shall withdraw blood for the purpose of determining its	422
alcohol, drug, or alcohol and drug content. This limitation does	423
not apply to the taking of breath or urine specimens. A	424
physician, a registered nurse, or a qualified technician or	425
chemist may refuse to withdraw blood for the purpose of	426
determining the alcohol, drug, or alcohol and drug content of the	427
blood, if in the opinion of the physician, nurse, technician, or	428
chemist the physical welfare of the person would be endangered by	429
the withdrawing of blood.	430

Such bodily substance shall be analyzed in accordance with	431
methods approved by the director of health by an individual	432
possessing a valid permit issued by the director of health	433
pursuant to section 3701.143 of the Revised Code.	434

(2) In a criminal prosecution or juvenile court proceeding	435
for a violation of division (A) of this section, of a municipal	436
ordinance relating to operating a vehicle while under the	437
influence of alcohol, a drug of abuse, or alcohol and a drug of	438
abuse, or of a municipal ordinance substantially equivalent to	439
division (A) of this section relating to operating a vehicle with	440
a prohibited concentration of alcohol in the blood, breath, or	441
urine, if there was at the time the bodily substance was withdrawn	442
a concentration of less than ten-hundredths of one per cent by	443
weight of alcohol in the defendant's blood, less than	444
ten-hundredths of one gram by weight of alcohol per two hundred	445
ten liters of the defendant's breath, or less than	446
fourteen-hundredths of one gram by weight of alcohol per one	447
hundred milliliters of the defendant's urine, such fact may be	448
considered with other competent evidence in determining the guilt	449
or innocence of the defendant. This division does not limit or	450
affect a criminal prosecution or juvenile court proceeding for a	451
violation of division (B) of this section or of a municipal	452
ordinance substantially equivalent to division (B) of this section	453
relating to operating a vehicle with a prohibited concentration of	454
alcohol in the blood, breath, or urine.	455

(3) Upon the request of the person who was tested, the	456
results of the chemical test shall be made available to the person	457
or the person's attorney or agent immediately upon the completion	458
of the chemical test analysis.	459

The person tested may have a physician, a registered nurse,	460
or a qualified technician or chemist of the person's own choosing	461
administer a chemical test or tests in addition to any	462
administered at the request of a police officer, and shall be so	463
advised. The failure or inability to obtain an additional	464
chemical test by a person shall not preclude the admission of	465
evidence relating to the chemical test or tests taken at the	466
request of a police officer.	467

(4)(a) As used in divisions (D)(4)(b) and (c) of this	468
section, "national highway traffic safety administration" means	469
the national highway traffic safety administration established as	470
an administration of the United States department of	471
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	472

(b) In any criminal prosecution or juvenile court proceeding	473
for a violation of division (A) or (B) of this section, of a	474
municipal ordinance relating to operating a vehicle while under	475
the influence of alcohol, a drug of abuse, or alcohol and a drug	476
of abuse, or of a municipal ordinance relating to operating a	477
vehicle with a prohibited concentration of alcohol in the blood,	478
breath, or urine, if a law enforcement officer has administered a	479
field sobriety test to the operator of the vehicle involved in the	480
violation and if it is shown by clear and convincing evidence that	481
the officer administered the test in substantial compliance with	482
the testing standards for any reliable, credible, and generally	483
accepted field sobriety tests that were in effect at the time the	484
tests were administered, including, but not limited to, any	485
testing standards then in effect that were set by the national	486
highway traffic safety administration, all of the following apply:	487

(i) The officer may testify concerning the results of the	488
field sobriety test so administered.	489

(ii) The prosecution may introduce the results of the field	490
sobriety test so administered as evidence in any proceedings in	491
the criminal prosecution or juvenile court proceeding.	492

(iii) If testimony is presented or evidence is introduced	493
under division (D)(4)(b)(i) or (ii) of this section and if the	494
testimony or evidence is admissible under the Rules of Evidence,	495
the court shall admit the testimony or evidence and the trier of	496
fact shall give it whatever weight the trier of fact considers to	497
be appropriate.	498

(c) Division (D)(4)(b) of this section does not limit or	499
preclude a court, in its determination of whether the arrest of a	500
person was supported by probable cause or its determination of any	501
other matter in a criminal prosecution or juvenile court	502
proceeding of a type described in that division, from considering	503
evidence or testimony that is not otherwise disallowed by division	504
(D)(4)(b) of this section.	505

(5) Any physician, registered nurse, or qualified technician	506
or chemist who withdraws blood from a person pursuant to this	507
section, and any hospital, first-aid station, or clinic at which	508
blood is withdrawn from a person pursuant to this section, is	509
immune from criminal liability, and from civil liability that is	510
based upon a claim of assault and battery or based upon any other	511
claim that is not in the nature of a claim of malpractice, for any	512
act performed in withdrawing blood from the person.	513

Section 2. That existing sections 1547.11, 1547.111, and 4511.19 are hereby repealed.

Section 3.  That the versions of sections 1547.11, 1547.111, 4511.19, and 4511.194 of the Revised Code that are scheduled to take effect January 1, 2004, be amended to read as follows:

Sec. 1547.11.  (A) No person shall operate or be in physical	519
control of any vessel underway or shall manipulate any water skis,	520
aquaplane, or similar device on the waters in this state if, at	521
the time of the operation, control, or manipulation, any of the	522
following applies:	523

(1) The person is under the influence of alcohol, a drug of	524
abuse, or a combination of them.	525

(2) The person has a concentration of ten-hundredths of one	526
per cent or more by weight of alcohol per unit volume in the	527
person's whole blood.	528

(3) The person has a concentration of twelve-hundredths of	529
one per cent or more by weight per unit volume of alcohol in the	530
person's blood serum or plasma.	531

(4) The person has a concentration of fourteen-hundredths of	532
one gram or more by weight of alcohol per one hundred milliliters	533
of the person's urine.	534

(5) The person has a concentration of ten-hundredths of one	535
gram or more by weight of alcohol per two hundred ten liters of	536
the person's breath.	537

(B) No person under twenty-one years of age shall operate or	538
be in physical control of any vessel underway or shall manipulate	539
any water skis, aquaplane, or similar device on the waters in this	540
state if, at the time of the operation, control, or manipulation,	541
any of the following applies:	542

(1) The person has a concentration of at least	543
two-hundredths of one per cent, but less than ten-hundredths of	544
one per cent by weight per unit volume of alcohol in the person's	545
whole blood.	546

(2) The person has a concentration of at least	547
three-hundredths of one per cent but less than twelve-hundredths	548
of one per cent by weight per unit volume of alcohol in the	549
person's blood serum or plasma.	550

(3) The person has a concentration of at least twenty-eight	551
one-thousandths of one gram, but less than fourteen-hundredths of	552
one gram by weight of alcohol per one hundred milliliters of the	553
person's urine.	554

(4) The person has a concentration of at least	555
two-hundredths of one gram, but less than ten-hundredths of one	556
gram by weight of alcohol per two hundred ten liters of the	557
person's breath.	558

(C) In any proceeding arising out of one incident, a person	559
may be charged with a violation of division (A)(1) and a violation	560
of division (B)(1), (2), (3), or (4) of this section, but the	561
person shall not be convicted of more than one violation of those	562
divisions.	563

(D)(1) In any criminal prosecution or juvenile court	564
proceeding for a violation of division (A) or (B) of this section	565
or for an equivalent violation, the court may admit evidence on	566
the concentration of alcohol, drugs of abuse, or a combination of	567
them in the defendant's or child's whole blood, blood serum or	568
plasma, urine, or breath at the time of the alleged violation as	569
shown by chemical analysis of the substance withdrawn, or	570
specimen taken within two hours of the time of the alleged	571
violation.	572

When a person submits to a blood test, only a physician, a	573
registered nurse, or a qualified technician, chemist, or	574
phlebotomist shall withdraw blood for the purpose of determining	575
the alcohol, drug, or alcohol and drug content of the whole blood,	576
blood serum, or blood plasma. This limitation does not apply to	577
the taking of breath or urine specimens. A person authorized to	578
withdraw blood under this division may refuse to withdraw blood	579
under this division if, in that person's opinion, the physical	580
welfare of the defendant or child would be endangered by	581
withdrawing blood.	582

The whole blood, blood serum or plasma, urine, or breath	583
shall be analyzed in accordance with methods approved by the	584
director of health by an individual possessing a valid permit	585
issued by the director pursuant to section 3701.143 of the Revised	586
Code.	587

(2) In a criminal prosecution or juvenile court proceeding	588
for a violation of division (A) of this section or for a violation	589
of a prohibition that is substantially equivalent to division (A)	590
of this section, if there was at the time the whole blood, blood	591
serum or plasma, urine, or breathbodily substance was taken a	592
concentration of less than the applicable concentration of	593
alcohol specified for a violation of division (A)(2), (3), (4), or	594
(5) of this section, that fact may be considered with other	595
competent evidence in determining the guilt or innocence of the	596
defendant or in making an adjudication for the child. This	597
division does not limit or affect a criminal prosecution or	598
juvenile court proceeding for a violation of division (B) of this	599
section or for a violation of a prohibition that is substantially	600
equivalent to that division.	601

(3) Upon the request of the person who was tested, the	602
results of the chemical test shall be made available to the person	603
or the person's attorney immediately upon completion of the test	604
analysis.	605

The person tested may have a physician, a registered nurse,	606
or a qualified technician, chemist, or phlebotomist of the	607
person's own choosing administer a chemical test or tests in	608
addition to any administered at the direction of a law enforcement	609
officer, and shall be so advised. The failure or inability to	610
obtain an additional test by a person shall not preclude the	611
admission of evidence relating to the test or tests taken at the	612
direction of a law enforcement officer.	613

(E)(1) In any criminal prosecution or juvenile court	614
proceeding for a violation of division (A) or (B) of this section	615
or for an equivalent violation, if a law enforcement officer has	616
administered a field sobriety test to the operator or person found	617
to be in physical control of the vessel underway involved in the	618
violation or the person manipulating the water skis, aquaplane, or	619
similar device involved in the violation and if it is shown by	620
clear and convincing evidence that the officer administered the	621
test in substantial compliance with the testing standards for	622
reliable, credible, and generally accepted field sobriety tests	623
for vehicles that were in effect at the time the tests were	624
administered, including, but not limited to, any testing standards	625
then in effect that have been set by the national highway traffic	626
safety administration, that by their nature are not clearly	627
inapplicable regarding the operation or physical control of	628
vessels underway or the manipulation of water skis, aquaplanes, or	629
similar devices, all of the following apply:	630

(a) The officer may testify concerning the results of the	631
field sobriety test so administered.	632

(b) The prosecution may introduce the results of the field	633
sobriety test so administered as evidence in any proceedings in	634
the criminal prosecution or juvenile court proceeding.	635

(c) If testimony is presented or evidence is introduced under	636
division (E)(1)(a) or (b) of this section and if the testimony or	637
evidence is admissible under the Rules of Evidence, the court	638
shall admit the testimony or evidence, and the trier of fact shall	639
give it whatever weight the trier of fact considers to be	640
appropriate.	641

(2) Division (E)(1) of this section does not limit or	642
preclude a court, in its determination of whether the arrest of a	643
person was supported by probable cause or its determination of any	644
other matter in a criminal prosecution or juvenile court	645
proceeding of a type described in that division, from considering	646
evidence or testimony that is not otherwise disallowed by division	647
(E)(1) of this section.	648

(F)(1) Subject to division (E)(F)(3) of this section, in any	649
criminal prosecution or juvenile court proceeding for a violation	650
of this section or for an equivalent violation, the court shall	651
admit as prima-facie evidence a laboratory report from any	652
forensic laboratory certified by the department of health that	653
contains an analysis of the whole blood, blood serum or plasma,	654
breath, urine, or other bodily substance tested and that contains	655
all of the information specified in this division. The laboratory	656
report shall contain all of the following:	657

(a) The signature, under oath, of any person who performed	658
the analysis;	659

(b) Any findings as to the identity and quantity of alcohol,	660
a drug of abuse, or a combination of them that was found;	661

(c) A copy of a notarized statement by the laboratory	662
director or a designee of the director that contains the name of	663
each certified analyst or test performer involved with the report,	664
the analyst's or test performer's employment relationship with the	665
laboratory that issued the report, and a notation that performing	666
an analysis of the type involved is part of the analyst's or test	667
performer's regular duties;	668

(d) An outline of the analyst's or test performer's	669
education, training, and experience in performing the type of	670
analysis involved and a certification that the laboratory	671
satisfies appropriate quality control standards in general and, in	672
this particular analysis, under rules of the department of health.	673

(2) Notwithstanding any other provision of law regarding the	674
admission of evidence, a report of the type described in division	675
(E)(F)(1) of this section is not admissible against the defendant	676
or child to whom it pertains in any proceeding, other than a	677
preliminary hearing or a grand jury proceeding, unless the	678
prosecutor has served a copy of the report on the defendant's or	679
child's attorney or, if the defendant or child has no attorney, on	680
the defendant or child.	681

(3) A report of the type described in division (E)(F)(1) of	682
this section shall not be prima-facie evidence of the contents,	683
identity, or amount of any substance if, within seven days after	684
the defendant or child to whom the report pertains or the	685
defendant's or child's attorney receives a copy of the report, the	686
defendant or child or the defendant's or child's attorney demands	687
the testimony of the person who signed the report. The judge in	688
the case may extend the seven-day time limit in the interest of	689
justice.	690

(F)(G) Except as otherwise provided in this division, any	691
physician, registered nurse, or qualified technician, chemist, or	692
phlebotomist who withdraws blood from a person pursuant to this	693
section, and a hospital, first-aid station, or clinic at which	694
blood is withdrawn from a person pursuant to this section, is	695
immune from criminal and civil liability based upon a claim of	696
assault and battery or any other claim that is not a claim of	697
malpractice, for any act performed in withdrawing blood from the	698
person. The immunity provided in this division is not available to	699
a person who withdraws blood if the person engages in willful or	700
wanton misconduct.	701

(G)(H) As used in this section and section 1547.111 of the	702
Revised Code:	703

(1) "Equivalent violation" means a violation of a municipal	704
ordinance, law of another state, or law of the United States that	705
is substantially equivalent to division (A) or (B) of this	706
section.	707

(2) "National highway traffic safety administration" has the	708
same meaning as in section 4511.19 of the Revised Code.	709

(3) "Operate" means that a vessel is being used on the waters	710
in this state when the vessel is not securely affixed to a dock or	711
to shore or to any permanent structure to which the vessel has the	712
right to affix or that a vessel is not anchored in a designated	713
anchorage area or boat camping area that is established by the	714
United States coast guard, this state, or a political subdivision	715
and in which the vessel has the right to anchor.	716

Sec. 1547.111.  (A)(1) Any person who operates or is in	717
physical control of a vessel or usesmanipulates any water skis,	718
aquaplane, or similar device upon any waters in this state shall	719
be deemed to have given consent to a chemical test or tests to	720
determine the alcohol, drug of abuse, or alcohol and drug of abuse	721
content of the person's whole blood, blood serum or plasma,	722
breath, or urine if arrested for the offense of operating or being	723
in physical control of a vessel or manipulating any water skis,	724
aquaplane, or similar device in violation of section 1547.11 of	725
the Revised Code or a substantially equivalent municipal	726
ordinance.	727

(2) The test or tests under division (A) of this section	728
shall be administered at the direction of a law enforcement	729
officer having reasonable grounds to believe the person was	730
operating or in physical control of a vessel or manipulating any	731
water skis, aquaplane, or similar device in violation of section	732
1547.11 of the Revised Code or a substantially equivalent	733
municipal ordinance. The law enforcement agency by which the	734
officer is employed shall designate which test or tests shall be	735
administered.	736

(B) Any person who is dead or unconscious or who otherwise	737
is in a condition rendering the person incapable of refusal shall	738
be deemed to have consented as provided in division (A)(1) of	739
this section, and the test or tests may be administered, subject	740
to sections 313.12 to 313.16 of the Revised Code.	741

(C) Any person under arrest for violating section 1547.11	742
of the Revised Code or a substantially equivalent municipal	743
ordinance shall be advised of the consequences of refusing to	744
submit to a chemical test or tests designated as provided in	745
division (A) of this section. The advice shall be in a written	746
form prescribed by the chief of the division of watercraft and	747
shall be read to the person. The form shall contain a statement	748
that the form was shown to the person under arrest and read to the	749
person by the arresting officer. The reading of the form shall	750
be witnessed by one or more persons, and the witnesses shall	751
certify to this fact by signing the form.	752

(D) If a law enforcement officer asks a person under arrest	753
for violating section 1547.11 of the Revised Code or a	754
substantially equivalent municipal ordinance to submit to a	755
chemical test or tests as provided in division (A) of this	756
section, if the arresting officer advises the person of the	757
consequences of the person's refusal as provided in division (C)	758
of this section, and if the person refuses to submit, no chemical	759
test shall be given. Upon receipt of a sworn statement of the	760
officer that the arresting law enforcement officer had reasonable	761
grounds to believe the arrested person violated section 1547.11	762
of the Revised Code or a substantially equivalent municipal	763
ordinance and that the person refused to submit to the chemical	764
test upon the request of the officer, and upon receipt of the	765
form as provided in division (C) of this section certifying that	766
the arrested person was advised of the consequences of the	767
refusal, the chief of the division of watercraft shall inform the	768
person by written notice that the person is prohibited from	769
operating or being in physical control of a vessel, from using	770
manipulating any water skis, aquaplane, or similar device, and	771
from registering any watercraft in accordance with section 1547.54	772
of the Revised Code, for one year following the date of the	773
alleged violation. The suspension of these operation, physical	774
control, usemanipulation, and registration privileges shall	775
continue for the entire one-year period, subject to review as	776
provided in this section.	777

If the person under arrest is the owner of the vessel	778
involved in the alleged violation, the law enforcement officer who	779
arrested the person shall seize the watercraft registration	780
certificate and tags from the vessel involved in the violation and	781
forward them to the chief. The chief shall retain the impounded	782
registration certificate and tags and shall impound all other	783
registration certificates and tags issued to the person in	784
accordance with sections 1547.54 and 1547.57 of the Revised Code,	785
for a period of one year following the date of the alleged	786
violation, subject to review as provided in this section.	787

If the arrested person fails to surrender the registration	788
certificate because it is not on the person of the arrested person	789
or in the watercraft, the law enforcement officer who made the	790
arrest shall order the person to surrender it within twenty-four	791
hours to the law enforcement officer or the law enforcement agency	792
that employs the law enforcement officer. If the person fails to	793
do so, the law enforcement officer shall notify the chief of that	794
fact in the statement the officer submits to the chief under this	795
division.	796

(E) Upon suspending a person's operation, physical control,	797
usemanipulation, and registration privileges in accordance with	798
division (D) of this section, the chief shall notify the person in	799
writing, at the person's last known address, and inform the person	800
that the person may petition for a hearing in accordance with	801
division (F) of this section. If a person whose operation,	802
physical control, usemanipulation, and registration privileges	803
have been suspended petitions for a hearing or appeals any adverse	804
decision, the suspension shall begin at the termination of any	805
hearing or appeal unless the hearing or appeal results in a	806
decision favorable to the person.	807

(F) Any person who has been notified by the chief that the	808
person is prohibited from operating or being in physical control	809
of a vessel or usingmanipulating any water skis, aquaplane, or	810
similar device and from registering any watercraft in accordance	811
with section 1547.54 of the Revised Code, or who has had the	812
registration certificate and tags of the person's watercraft	813
impounded pursuant to division (D) of this section, within twenty	814
days of the notification or impoundment, may file a petition in	815
the municipal court or the county court, or if the person is a	816
minor in juvenile court, with jurisdiction over the place at	817
which the arrest occurred, agreeing to pay the cost of the	818
proceedings and alleging error in the action taken by the chief	819
under division (D) of this section or alleging one or more of the	820
matters within the scope of the hearing as provided in this	821
section, or both. The petitioner shall notify the chief of the	822
filing of the petition and send the chief a copy of the petition.	823

The scope of the hearing is limited to the issues of whether	824
the law enforcement officer had reasonable grounds to believe the	825
petitioner was operating or in physical control of a vessel or	826
manipulating any water skis, aquaplane, or similar device in	827
violation of section 1547.11 of the Revised Code or a	828
substantially equivalent municipal ordinance, whether the	829
petitioner was placed under arrest, whether the petitioner refused	830
to submit to the chemical test upon request of the officer, and	831
whether the petitioner was advised of the consequences of the	832
petitioner's refusal.	833

(G)(1) The chief shall furnish the court a copy of the	834
affidavit as provided in division (C) of this section and any	835
other relevant information requested by the court.	836

(2) In hearing the matter and in determining whether the	837
person has shown error in the decision taken by the chief as	838
provided in division (D) of this section, the court shall decide	839
the issue upon the relevant, competent, and material evidence	840
submitted by the chief or the person whose operation, physical	841
control, usemanipulation, and registration privileges have been	842
suspended.	843

In the proceedings, the chief shall be represented by the	844
prosecuting attorney of the county in which the petition is filed	845
if the petition is filed in a county court or juvenile court,	846
except that if the arrest occurred within a city or village within	847
the jurisdiction of the county court in which the petition is	848
filed, the city director of law or village solicitor of that city	849
or village shall represent the chief. If the petition is filed in	850
the municipal court, the chief shall be represented as provided in	851
section 1901.34 of the Revised Code.	852

(3) If the court finds from the evidence submitted that the	853
person has failed to show error in the action taken by the chief	854
under division (D) of this section or in one or more of the	855
matters within the scope of the hearing as provided in division	856
(F) of this section, or both, the court shall assess the cost of	857
the proceeding against the person and shall uphold the suspension	858
of the operation, physical control, use, and registration	859
privileges provided in division (D) of this section. If the court	860
finds that the person has shown error in the action taken by the	861
chief under division (D) of this section or in one or more of the	862
matters within the scope of the hearing as provided in division	863
(F) of this section, or both, the cost of the proceedings shall be	864
paid out of the county treasury of the county in which the	865
proceedings were held, the chief shall reinstate the operation,	866
physical control, usemanipulation, and registration privileges of	867
the person without charge, and the chief shall return the	868
registration certificate and tags, if impounded, without charge.	869

(4) The court shall give information in writing of any	870
action taken under this section to the chief.	871

(H) At the end of any period of suspension or impoundment	872
imposed under this section, and upon request of the person whose	873
operation, physical control, use, and registration privileges were	874
suspended or whose registration certificate and tags were	875
impounded, the chief shall reinstate the person's operation,	876
physical control, usemanipulation, and registration privileges by	877
written notice and return the certificate and tags.	878

(I) No person who has received written notice from the chief	879
that the person is prohibited from operating or being in physical	880
control of a vessel, from usingmanipulating any water skis,	881
aquaplane, or similar device, and from registering a watercraft,	882
or who has had the registration certificate and tags of the	883
person's watercraft impounded, in accordance with division (D) of	884
this section, shall operate or be in physical control of a vessel	885
or usemanipulate any water skis, aquaplane, or similar device for	886
a period of one year following the date of the person's alleged	887
violation of section 1547.11 of the Revised Code or the	888
substantially equivalent municipal ordinance.	889

Sec. 4511.19.  (A) No person shall operate any vehicle,	890
streetcar, or trackless trolley within this state, if, at the time	891
of the operation, any of the following apply:	892

(1) The person is under the influence of alcohol, a drug of	893
abuse, or a combination of them;	894

(2) The person has a concentration of ten-hundredths of one	895
per cent or more but less than seventeen-hundredths of one per	896
cent by weight per unit volume of alcohol in the person's whole	897
blood;	898

(3) The person has a concentration of twelve-hundredths of	899
one per cent or more but less than two hundred four-thousandths of	900
one per cent by weight per unit volume of alcohol in the person's	901
blood serum or plasma;	902

(4) The person has a concentration of ten-hundredths of one	903
gram or more but less than seventeen-hundredths of one gram by	904
weight of alcohol per two hundred ten liters of the person's	905
breath;	906

(5) The person has a concentration of fourteen-hundredths of	907
one gram or more but less than two hundred	908
thirty-eight-thousandths of one gram by weight of alcohol per one	909
hundred milliliters of the person's urine;	910

(6) The person has a concentration of seventeen-hundredths	911
of one per cent or more by weight per unit volume of alcohol in	912
the person's whole blood;	913

(7) The person has a concentration of two hundred	914
four-thousandths of one per cent or more by weight per unit volume	915
of alcohol in the person's blood serum or plasma;	916

(8) The person has a concentration of seventeen-hundredths	917
of one gram or more by weight of alcohol per two hundred ten	918
liters of the person's breath;	919

(9) The person has a concentration of two hundred	920
thirty-eight-thousandths of one gram or more by weight of alcohol	921
per one hundred milliliters of the person's urine.	922

(B) No person under twenty-one years of age shall operate	923
any vehicle, streetcar, or trackless trolley within this state,	924
if, at the time of the operation, any of the following apply:	925

(1) The person has a concentration of at least	926
two-hundredths of one per cent but less than ten-hundredths of one	927
per cent by weight per unit volume of alcohol in the person's	928
whole blood;	929

(2) The person has a concentration of at least	930
three-hundredths of one per cent but less than twelve-hundredths	931
of one per cent by weight per unit volume of alcohol in the	932
person's blood serum or plasma;	933

(3) The person has a concentration of at least	934
two-hundredths of one gram but less than ten-hundredths of one	935
gram by weight of alcohol per two hundred ten liters of the	936
person's breath;	937

(4) The person has a concentration of at least twenty-eight	938
one-thousandths of one gram but less than fourteen-hundredths of	939
one gram by weight of alcohol per one hundred milliliters of the	940
person's urine.	941

(C) In any proceeding arising out of one incident, a person	942
may be charged with a violation of division (A)(1) and a violation	943
of division (B)(1), (2), or (3) of this section, but the person	944
may not be convicted of more than one violation of these	945
divisions.	946

(D)(1) In any criminal prosecution or juvenile court	947
proceeding for a violation of division (A) or (B) of this section	948
or for an equivalent offense, the court may admit evidence on the	949
concentration of alcohol, drugs of abuse, or a combination of	950
them in the defendant's whole blood, blood serum or plasma,	951
breath, urine, or other bodily substance at the time of the	952
alleged violation as shown by chemical analysis of the substance	953
withdrawn within two hours of the time of the alleged violation.	954

When a person submits to a blood test at the request of a	955
law enforcement officer under section 4511.191 of the Revised	956
Code, only a physician, a registered nurse, or a qualified	957
technician, chemist, or phlebotomist shall withdraw blood for the	958
purpose of determining the alcohol, drug, or alcohol and drug	959
content of the whole blood, blood serum, or blood plasma. This	960
limitation does not apply to the taking of breath or urine	961
specimens. A person authorized to withdraw blood under this	962
division may refuse to withdraw blood under this division, if in	963
that person's opinion, the physical welfare of the person would be	964
endangered by the withdrawing of blood.	965

The bodily substance withdrawn shall be analyzed in	966
accordance with methods approved by the director of health by an	967
individual possessing a valid permit issued by the director	968
pursuant to section 3701.143 of the Revised Code.	969

(2) In a criminal prosecution or juvenile court proceeding	970
for a violation of division (A) of this section or for an	971
equivalent offense, if there was at the time the bodily substance	972
was withdrawn a concentration of less than the applicable	973
concentration of alcohol specified in divisions (A)(2), (3), (4),	974
and (5) of this section, that fact may be considered with other	975
competent evidence in determining the guilt or innocence of the	976
defendant. This division does not limit or affect a criminal	977
prosecution or juvenile court proceeding for a violation of	978
division (B) of this section or for an equivalent offense that is	979
substantially equivalent to that division.	980

(3) Upon the request of the person who was tested, the	981
results of the chemical test shall be made available to the person	982
or the person's attorney, immediately upon the completion of the	983
chemical test analysis.	984

The person tested may have a physician, a registered nurse,	985
or a qualified technician, chemist, or phlebotomist of the	986
person's own choosing administer a chemical test or tests, at the	987
person's expense, in addition to any administered at the request	988
of a law enforcement officer. The form to be read to the person	989
to be tested, as required under section 4511.192 of the Revised	990
Code, shall state that the person may have an independent test	991
performed at the person's expense. The failure or inability to	992
obtain an additional chemical test by a person shall not preclude	993
the admission of evidence relating to the chemical test or tests	994
taken at the request of a law enforcement officer.	995

(4)(a) As used in divisions (D)(4)(b) and (c) of this	996
section, "national highway traffic safety administration" means	997
the national highway traffic safety administration established as	998
an administration of the United States department of	999
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	1000

(b) In any criminal prosecution or juvenile court proceeding	1001
for a violation of division (A) or (B) of this section, of a	1002
municipal ordinance relating to operating a vehicle while under	1003
the influence of alcohol, a drug of abuse, or alcohol and a drug	1004
of abuse, or of a municipal ordinance relating to operating a	1005
vehicle with a prohibited concentration of alcohol in the blood,	1006
breath, or urine, if a law enforcement officer has administered a	1007
field sobriety test to the operator of the vehicle involved in the	1008
violation and if it is shown by clear and convincing evidence that	1009
the officer administered the test in substantial compliance with	1010
the testing standards for any reliable, credible, and generally	1011
accepted field sobriety tests that were in effect at the time the	1012
tests were administered, including, but not limited to, any	1013
testing standards then in effect that were set by the national	1014
highway traffic safety administration, all of the following apply:	1015

(i) The officer may testify concerning the results of the	1016
field sobriety test so administered.	1017

(ii) The prosecution may introduce the results of the field	1018
sobriety test so administered as evidence in any proceedings in	1019
the criminal prosecution or juvenile court proceeding.	1020

(iii) If testimony is presented or evidence is introduced	1021
under division (D)(4)(b)(i) or (ii) of this section and if the	1022
testimony or evidence is admissible under the Rules of Evidence,	1023
the court shall admit the testimony or evidence and the trier of	1024
fact shall give it whatever weight the trier of fact considers to	1025
be appropriate.	1026

(c) Division (D)(4)(b) of this section does not limit or	1027
preclude a court, in its determination of whether the arrest of a	1028
person was supported by probable cause or its determination of any	1029
other matter in a criminal prosecution or juvenile court	1030
proceeding of a type described in that division, from considering	1031
evidence or testimony that is not otherwise disallowed by division	1032
(D)(4)(b) of this section.	1033

(E)(1) Subject to division (E)(3) of this section, in any	1034
criminal prosecution or juvenile court proceeding for a violation	1035
of division (A)(2), (3), (4), (5), (6), (7), (8), or (9) or	1036
(B)(1), (2), (3), or (4) of this section or for an equivalent	1037
offense that is substantially equivalent to any of those	1038
divisions, a laboratory report from any forensic laboratory	1039
certified by the department of health that contains an analysis of	1040
the whole blood, blood serum or plasma, breath, urine, or other	1041
bodily substance tested and that contains all of the information	1042
specified in this division shall be admitted as prima-facie	1043
evidence of the information and statements that the report	1044
contains. The laboratory report shall contain all of the	1045
following:	1046

(a) The signature, under oath, of any person who performed	1047
the analysis;	1048

(b) Any findings as to the identity and quantity of alcohol,	1049
a drug of abuse, or a combination of them that was found;	1050

(c) A copy of a notarized statement by the laboratory	1051
director or a designee of the director that contains the name of	1052
each certified analyst or test performer involved with the report,	1053
the analyst's or test performer's employment relationship with the	1054
laboratory that issued the report, and a notation that performing	1055
an analysis of the type involved is part of the analyst's or test	1056
performer's regular duties;	1057

(d) An outline of the analyst's or test performer's	1058
education, training, and experience in performing the type of	1059
analysis involved and a certification that the laboratory	1060
satisfies appropriate quality control standards in general and, in	1061
this particular analysis, under rules of the department of health.	1062

(2) Notwithstanding any other provision of law regarding the	1063
admission of evidence, a report of the type described in division	1064
(E)(1) of this section is not admissible against the defendant to	1065
whom it pertains in any proceeding, other than a preliminary	1066
hearing or a grand jury proceeding, unless the prosecutor has	1067
served a copy of the report on the defendant's attorney or, if the	1068
defendant has no attorney, on the defendant.	1069

(3) A report of the type described in division (E)(1) of	1070
this section shall not be prima-facie evidence of the contents,	1071
identity, or amount of any substance if, within seven days after	1072
the defendant to whom the report pertains or the defendant's	1073
attorney receives a copy of the report, the defendant or the	1074
defendant's attorney demands the testimony of the person who	1075
signed the report. The judge in the case may extend the seven-day	1076
time limit in the interest of justice.	1077

(F) Except as otherwise provided in this division, any	1078
physician, registered nurse, or qualified technician, chemist, or	1079
phlebotomist who withdraws blood from a person pursuant to this	1080
section, and any hospital, first-aid station, or clinic at which	1081
blood is withdrawn from a person pursuant to this section, is	1082
immune from criminal liability and civil liability based upon a	1083
claim of assault and battery or any other claim that is not a	1084
claim of malpractice, for any act performed in withdrawing blood	1085
from the person. The immunity provided in this division is not	1086
available to a person who withdraws blood if the person engages in	1087
willful or wanton misconduct.	1088

(G)(1) Whoever violates any provision of divisions (A)(1) to	1089
(9) of this section is guilty of operating a vehicle under the	1090
influence of alcohol, a drug of abuse, or a combination of them.	1091
The court shall sentence the offender under Chapter 2929. of the	1092
Revised Code, except as otherwise authorized or required by	1093
divisions (G)(1)(a) to (e) of this section:	1094

(a) Except as otherwise provided in division (G)(1)(b), (c),	1095
(d), or (e) of this section, the offender is guilty of a	1096
misdemeanor of the first degree, and the court shall sentence the	1097
offender to all of the following:	1098

(i) If the sentence is being imposed for a violation of	1099
division (A)(1), (2), (3), (4), or (5) of this section, a	1100
mandatory jail term of three consecutive days. As used in this	1101
division, three consecutive days means seventy-two consecutive	1102
hours. The court may sentence an offender to both an intervention	1103
program and a jail term. The court may impose a jail term in	1104
addition to the three-day mandatory jail term or intervention	1105
program. However, in no case shall the cumulative jail term	1106
imposed for the offense exceed six months.	1107

The court may suspend the execution of the three-day jail	1108
term under this division if the court, in lieu of that suspended	1109
term, places the offender on probation and requires the offender	1110
to attend, for three consecutive days, a drivers' intervention	1111
program certified under section 3793.10 of the Revised Code. The	1112
court also may suspend the execution of any part of the three-day	1113
jail term under this division if it places the offender on	1114
probation for part of the three days, requires the offender to	1115
attend for the suspended part of the term a drivers' intervention	1116
program so certified, and sentences the offender to a jail term	1117
equal to the remainder of the three consecutive days that the	1118
offender does not spend attending the program. The court may	1119
require the offender, as a condition of probation and in addition	1120
to the required attendance at a drivers' intervention program, to	1121
attend and satisfactorily complete any treatment or education	1122
programs that comply with the minimum standards adopted pursuant	1123
to Chapter 3793. of the Revised Code by the director of alcohol	1124
and drug addiction services that the operators of the drivers'	1125
intervention program determine that the offender should attend and	1126
to report periodically to the court on the offender's progress in	1127
the programs. The court also may impose on the offender any other	1128
conditions of probation that it considers necessary.	1129

(ii) If the sentence is being imposed for a violation of	1130
division (A)(6), (7), (8), or (9) of this section, except as	1131
otherwise provided in this division, a mandatory jail term of at	1132
least three consecutive days and a requirement that the offender	1133
attend, for three consecutive days, a drivers' intervention	1134
program that is certified pursuant to section 3793.10 of the	1135
Revised Code. As used in this division, three consecutive days	1136
means seventy-two consecutive hours. If the court determines that	1137
the offender is not conducive to treatment in a drivers'	1138
intervention program, if the offender refuses to attend a drivers'	1139
intervention program, or if the jail at which the offender is to	1140
serve the jail term imposed can provide a driver's intervention	1141
program, the court shall sentence the offender to a mandatory jail	1142
term of at least six consecutive days.	1143

The court may require the offender, as a condition of	1144
probation, to attend and satisfactorily complete any treatment or	1145
education programs that comply with the minimum standards adopted	1146
pursuant to Chapter 3793. of the Revised Code by the director of	1147
alcohol and drug addiction services, in addition to the required	1148
attendance at drivers' intervention program, that the operators of	1149
the drivers' intervention program determine that the offender	1150
should attend and to report periodically to the court on the	1151
offender's progress in the programs. The court also may impose	1152
any other conditions of probation on the offender that it	1153
considers necessary.	1154

(iii) In all cases, a fine of not less than two hundred fifty	1155
and not more than one thousand dollars;	1156

(iv) In all cases, a class five license suspension of the	1157
offender's driver's or commercial driver's license or permit or	1158
nonresident operating privilege from the range specified in	1159
division (A)(5) of section 4510.02 of the Revised Code. The court	1160
may grant limited driving privileges relative to the suspension	1161
under sections 4510.021 and 4510.13 of the Revised Code.	1162

(b) Except as otherwise provided in division (G)(1)(e) of	1163
this section, an offender who, within six years of the offense,	1164
previously has been convicted of or pleaded guilty to one	1165
violation of division (A) or (B) of this section or one other	1166
equivalent offense is guilty of a misdemeanor of the first degree.	1167
The court shall sentence the offender to all of the following:	1168

(i) If the sentence is being imposed for a violation of	1169
division (A)(1), (2), (3), (4), or (5) of this section, a	1170
mandatory jail term of ten consecutive days. The court shall	1171
impose the ten-day mandatory jail term under this division unless,	1172
subject to division (G)(3) of this section, it instead imposes a	1173
sentence under that division consisting of both a jail term and a	1174
term of electronically monitored house arrest. The court may	1175
impose a jail term in addition to the ten-day mandatory jail term.	1176
The cumulative jail term imposed for the offense shall not exceed	1177
six months.	1178

In addition to the jail term or the term of electronically	1179
monitored house arrest and jail term, the court may require the	1180
offender to attend a drivers' intervention program that is	1181
certified pursuant to section 3793.10 of the Revised Code. If the	1182
operator of the program determines that the offender is alcohol	1183
dependent, the program shall notify the court, and, subject to	1184
division (I) of this section, the court shall order the offender	1185
to obtain treatment through an alcohol and drug addiction program	1186
authorized by section 3793.02 of the Revised Code.	1187

(ii) If the sentence is being imposed for a violation of	1188
division (A)(6), (7), (8), or (9) of this section, except as	1189
otherwise provided in this division, a mandatory jail term of	1190
twenty consecutive days. The court shall impose the twenty-day	1191
mandatory jail term under this division unless, subject to	1192
division (G)(3) of this section, it instead imposes a sentence	1193
under that division consisting of both a jail term and a term of	1194
electronically monitored house arrest. The court may impose a	1195
jail term in addition to the twenty-day mandatory jail term. The	1196
cumulative jail term imposed for the offense shall not exceed six	1197
months.	1198

In addition to the jail term or the term of electronically	1199
monitored house arrest and jail term, the court may require the	1200
offender to attend a driver's intervention program that is	1201
certified pursuant to section 3793.10 of the Revised Code. If the	1202
operator of the program determines that the offender is alcohol	1203
dependent, the program shall notify the court, and, subject to	1204
division (I) of this section, the court shall order the offender	1205
to obtain treatment through an alcohol and drug addiction program	1206
authorized by section 3793.02 of the Revised Code.	1207

(iii) In all cases, notwithstanding the fines set forth in	1208
Chapter 2929. of the Revised Code, a fine of not less than three	1209
hundred fifty and not more than one thousand five hundred dollars;	1210

(iv) In all cases, a class four license suspension of the	1211
offender's driver's license, commercial driver's license,	1212
temporary instruction permit, probationary license, or nonresident	1213
operating privilege from the range specified in division (A)(4) of	1214
section 4510.02 of the Revised Code. The court may grant limited	1215
driving privileges relative to the suspension under sections	1216
4510.021 and 4510.13 of the Revised Code.	1217

(v) In all cases, if the vehicle is registered in the	1218
offender's name, immobilization of the vehicle involved in the	1219
offense for ninety days in accordance with section 4503.233 of the	1220
Revised Code and impoundment of the license plates of that vehicle	1221
for ninety days.	1222

(c) Except as otherwise provided in division (G)(1)(e) of	1223
this section, an offender who, within six years of the offense,	1224
previously has been convicted of or pleaded guilty to two	1225
violations of division (A) or (B) of this section or other	1226
equivalent offenses is guilty of a misdemeanor. The court shall	1227
sentence the offender to all of the following:	1228

(i) If the sentence is being imposed for a violation of	1229
division (A)(1), (2), (3), (4), or (5) of this section, a	1230
mandatory jail term of thirty consecutive days. The court shall	1231
impose the thirty-day mandatory jail term under this division	1232
unless, subject to division (G)(3) of this section, it instead	1233
imposes a sentence under that division consisting of both a jail	1234
term and a term of electronically monitored house arrest. The	1235
court may impose a jail term in addition to the thirty-day	1236
mandatory jail term. Notwithstanding the terms of imprisonment set	1237
forth in Chapter 2929. of the Revised Code, the additional jail	1238
term shall not exceed one year, and the cumulative jail term	1239
imposed for the offense shall not exceed one year.	1240

(ii) If the sentence is being imposed for a violation of	1241
division (A)(6), (7), (8), or (9) of this section, a mandatory	1242
jail term of sixty consecutive days. The court shall impose the	1243
sixty-day mandatory jail term under this division unless, subject	1244
to division (G)(3) of this section, it instead imposes a sentence	1245
under that division consisting of both a jail term and a term of	1246
electronically monitored house arrest. The court may impose a	1247
jail term in addition to the sixty-day mandatory jail term.	1248
Notwithstanding the terms of imprisonment set forth in Chapter	1249
2929. of the Revised Code, the additional jail term shall not	1250
exceed one year, and the cumulative jail term imposed for the	1251
offense shall not exceed one year.	1252

(iii) In all cases, notwithstanding the fines set forth in	1253
Chapter 2929. of the Revised Code, a fine of not less than five	1254
hundred fifty and not more than two thousand five hundred dollars;	1255

(iv) In all cases, a class three license suspension of the	1256
offender's driver's license, commercial driver's license,	1257
temporary instruction permit, probationary license, or nonresident	1258
operating privilege from the range specified in division (A)(3) of	1259
section 4510.02 of the Revised Code. The court may grant limited	1260
driving privileges relative to the suspension under sections	1261
4510.021 and 4510.13 of the Revised Code.	1262

(v) In all cases, if the vehicle is registered in the	1263
offender's name, criminal forfeiture of the vehicle involved in	1264
the offense in accordance with section 4503.234 of the Revised	1265
Code. Division (G)(6) of this section applies regarding any	1266
vehicle that is subject to an order of criminal forfeiture under	1267
this division.	1268

(vi) In all cases, participation in an alcohol and drug	1269
addiction program authorized by section 3793.02 of the Revised	1270
Code, subject to division (I) of this section.	1271

(d) Except as otherwise provided in division (G)(1)(e) of	1272
this section, an offender who, within six years of the offense,	1273
previously has been convicted of or pleaded guilty to three or	1274
more violations of division (A) or (B) of this section or other	1275
equivalent offenses is guilty of a felony of the fourth degree.	1276
The court shall sentence the offender to all of the following:	1277

(i) If the sentence is being imposed for a violation of	1278
division (A)(1), (2), (3), (4), or (5) of this section, in the	1279
discretion of the court, either a mandatory term of local	1280
incarceration of sixty consecutive days in accordance with	1281
division (G)(1) of section 2929.13 of the Revised Code or a	1282
mandatory prison term of sixty consecutive days of imprisonment in	1283
accordance with division (G)(2) of that section. If the court	1284
imposes a mandatory term of local incarceration, it may impose a	1285
jail term in addition to the sixty-day mandatory term, the	1286
cumulative total of the mandatory term and the jail term for the	1287
offense shall not exceed one year, and no prison term is	1288
authorized for the offense. If the court imposes a mandatory	1289
prison term, notwithstanding division (A)(4) of section 2929.14 of	1290
the Revised Code, it also may sentence the offender to a definite	1291
prison term that shall be not less than six months and not more	1292
than thirty months, the prison terms shall be imposed as described	1293
in division (G)(2) of section 2929.13 of the Revised Code, and no	1294
term of local incarceration, community residential sanction, or	1295
nonresidential sanction is authorized for the offense.	1296

(ii) If the sentence is being imposed for a violation of	1297
division (A)(6), (7), (8), or (9) of this section, in the	1298
discretion of the court, either a mandatory term of local	1299
incarceration of one hundred twenty consecutive days in accordance	1300
with division (G)(1) of section 2929.13 of the Revised Code or a	1301
mandatory prison term of one hundred twenty consecutive days in	1302
accordance with division (G)(2) of that section. If the court	1303
imposes a mandatory term of local incarceration, it may impose a	1304
jail term in addition to the one hundred twenty-day mandatory	1305
term, the cumulative total of the mandatory term and the jail term	1306
for the offense shall not exceed one year, and no prison term is	1307
authorized for the offense. If the court imposes a mandatory	1308
prison term, notwithstanding division (A)(4) of section 2929.14 of	1309
the Revised Code, it also may sentence the offender to a definite	1310
prison term that shall be not less than six months and not more	1311
than thirty months, the prison terms shall be imposed as described	1312
in division (G)(2) of section 2929.13 of the Revised Code, and no	1313
term of local incarceration, community residential sanction, or	1314
nonresidential sanction is authorized for the offense.	1315

(iii) In all cases, notwithstanding section 2929.18 of the	1316
Revised Code, a fine of not less than eight hundred nor more than	1317
ten thousand dollars;	1318

(iv) In all cases, a class two license suspension of the	1319
offender's driver's license, commercial driver's license,	1320
temporary instruction permit, probationary license, or nonresident	1321
operating privilege from the range specified in division (A)(2) of	1322
section 4510.02 of the Revised Code. The court may grant limited	1323
driving privileges relative to the suspension under sections	1324
4510.021 and 4510.13 of the Revised Code.	1325

(v) In all cases, if the vehicle is registered in the	1326
offender's name, criminal forfeiture of the vehicle involved in	1327
the offense in accordance with section 4503.234 of the Revised	1328
Code. Division (G)(6) of this section applies regarding any	1329
vehicle that is subject to an order of criminal forfeiture under	1330
this division.	1331

(vi) In all cases, participation in an alcohol and drug	1332
addiction program authorized by section 3793.02 of the Revised	1333
Code, subject to division (I) of this section.	1334

(vii) In all cases, if the court sentences the offender to a	1335
mandatory term of local incarceration, in addition to the	1336
mandatory term, the court, pursuant to section 2929.17 of the	1337
Revised Code, may impose a term of electronically monitored house	1338
arrest. The term shall not commence until after the offender has	1339
served the mandatory term of local incarceration.	1340

(e) An offender who previously has been convicted of or	1341
pleaded guilty to a violation of division (A) of this section that	1342
was a felony, regardless of when the violation and the conviction	1343
or guilty plea occurred, is guilty of a felony of the third	1344
degree. The court shall sentence the offender to all of the	1345
following:	1346

(i) If the offender is being sentenced for a violation of	1347
division (A)(1), (2), (3), (4), or (5) of this section, a	1348
mandatory prison term of sixty consecutive days in accordance with	1349
division (G)(2) of section 2929.13 of the Revised Code. The court	1350
may impose a prison term in addition to the sixty-day mandatory	1351
prison term. The cumulative total of the mandatory prison term	1352
and the additional prison term for the offense shall not exceed	1353
five years. No term of local incarceration, community residential	1354
sanction, or nonresidential sanction is authorized for the	1355
offense.	1356

(ii) If the sentence is being imposed for a violation of	1357
division (A)(6), (7), (8), or (9) of this section, a mandatory	1358
prison term of one hundred twenty consecutive days in accordance	1359
with division (G)(2) of section 2929.13 of the Revised Code. The	1360
court may impose a prison term in addition to the one hundred	1361
twenty-day mandatory prison term. The cumulative total of the	1362
mandatory prison term and the additional prison term for the	1363
offense shall not exceed five years. No term of local	1364
incarceration, community residential sanction, or nonresidential	1365
sanction is authorized for the offense.	1366

(iii) In all cases, notwithstanding section 2929.18 of the	1367
Revised Code, a fine of not less than eight hundred nor more than	1368
ten thousand dollars;	1369

(iv) In all cases, a class two license suspension of the	1370
offender's driver's license, commercial driver's license,	1371
temporary instruction permit, probationary license, or nonresident	1372
operating privilege from the range specified in division (A)(2) of	1373
section 4510.02 of the Revised Code. The court may grant limited	1374
driving privileges relative to the suspension under sections	1375
4510.021 and 4510.13 of the Revised Code.	1376

(v) In all cases, if the vehicle is registered in the	1377
offender's name, criminal forfeiture of the vehicle involved in	1378
the offense in accordance with section 4503.234 of the Revised	1379
Code. Division (G)(6) of this section applies regarding any	1380
vehicle that is subject to an order of criminal forfeiture under	1381
this division.	1382

(vi) In all cases, participation in an alcohol and drug	1383
addiction program authorized by section 3793.02 of the Revised	1384
Code, subject to division (I) of this section.	1385

(2) An offender who is convicted of or pleads guilty to a	1386
violation of division (A) of this section and who subsequently	1387
seeks reinstatement of the driver's or occupational driver's	1388
license or permit or nonresident operating privilege suspended	1389
under this section as a result of the conviction or guilty plea	1390
shall pay a reinstatement fee as provided in division (F)(2) of	1391
section 4511.191 of the Revised Code.	1392

(3) If an offender is sentenced to a jail term under	1393
division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this	1394
section and if, within sixty days of sentencing of the offender,	1395
the court issues a written finding on the record that, due to the	1396
unavailability of space at the jail where the offender is required	1397
to serve the term, the offender will not be able to begin serving	1398
that term within the sixty-day period following the date of	1399
sentencing, the court may impose an alternative sentence under	1400
this division that includes a term of electronically monitored	1401
house arrest, as defined in section 2929.23 of the Revised Code.	1402

As an alternative to a mandatory jail term of ten consecutive	1403
days required by division (G)(1)(b)(i) of this section, the court,	1404
under this division, may sentence the offender to five consecutive	1405
days in jail and not less than eighteen consecutive days of	1406
electronically monitored house arrest. The cumulative total of	1407
the five consecutive days in jail and the period of electronically	1408
monitored house arrest shall not exceed six months. The five	1409
consecutive days in jail do not have to be served prior to or	1410
consecutively to the period of house arrest.	1411

As an alternative to the mandatory jail term of twenty	1412
consecutive days required by division (G)(1)(b)(ii) of this	1413
section, the court, under this division, may sentence the offender	1414
to ten consecutive days in jail and not less than thirty-six	1415
consecutive days of electronically monitored house arrest. The	1416
cumulative total of the ten consecutive days in jail and the	1417
period of electronically monitored house arrest shall not exceed	1418
six months. The ten consecutive days in jail do not have to be	1419
served prior to or consecutively to the period of house arrest.	1420

As an alternative to a mandatory jail term of thirty	1421
consecutive days required by division (G)(1)(c)(i) of this	1422
section, the court, under this division, may sentence the offender	1423
to fifteen consecutive days in jail and not less than fifty-five	1424
consecutive days of electronically monitored house arrest. The	1425
cumulative total of the fifteen consecutive days in jail and the	1426
period of electronically monitored house arrest shall not exceed	1427
one year. The fifteen consecutive days in jail do not have to be	1428
served prior to or consecutively to the period of house arrest.	1429

As an alternative to the mandatory jail term of sixty	1430
consecutive days required by division (G)(1)(c)(ii) of this	1431
section, the court, under this division, may sentence the offender	1432
to thirty consecutive days in jail and not less than one hundred	1433
ten consecutive days of electronically monitored house arrest. The	1434
cumulative total of the thirty consecutive days in jail and the	1435
period of electronically monitored house arrest shall not exceed	1436
one year. The thirty consecutive days in jail do not have to be	1437
served prior to or consecutively to the period of house arrest.	1438

(4) If an offender's driver's or occupational driver's	1439
license or permit or nonresident operating privilege is suspended	1440
under division (G) of this section and if section 4510.13 of the	1441
Revised Code permits the court to grant limited driving	1442
privileges, the court may grant the limited driving privileges	1443
only if the court imposes as one of the conditions of the	1444
privileges that the offender must display on the vehicle that is	1445
driven subject to the privileges restricted license plates that	1446
are issued under section 4503.231 of the Revised Code, except as	1447
provided in division (B) of that section.	1448

(5) Fines imposed under this section for a violation of	1449
division (A) of this section shall be distributed as follows:	1450

(a) Twenty-five dollars of the fine imposed under division	1451
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	1452
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	1453
fine imposed under division (G)(1)(c)(iii), and two hundred ten	1454
dollars of the fine imposed under division (G)(1)(d)(iii) or	1455
(e)(iii) of this section shall be paid to an enforcement and	1456
education fund established by the legislative authority of the law	1457
enforcement agency in this state that primarily was responsible	1458
for the arrest of the offender, as determined by the court that	1459
imposes the fine. The agency shall use this share to pay only	1460
those costs it incurs in enforcing this section or a municipal OVI	1461
ordinance and in informing the public of the laws governing the	1462
operation of a vehicle while under the influence of alcohol, the	1463
dangers of the operation of a vehicle under the influence of	1464
alcohol, and other information relating to the operation of a	1465
vehicle under the influence of alcohol and the consumption of	1466
alcoholic beverages.	1467

(b) Fifty dollars of the fine imposed under division	1468
(G)(1)(a)(iii) of this section shall be paid to the political	1469
subdivision that pays the cost of housing the offender during the	1470
offender's term of incarceration. If the offender is being	1471
sentenced for a violation of division (A)(1), (2), (3), (4), or	1472
(5) of this section and was confined as a result of the offense	1473
prior to being sentenced for the offense but is not sentenced to a	1474
term of incarceration, the fifty dollars shall be paid to the	1475
political subdivision that paid the cost of housing the offender	1476
during that period of confinement. The political subdivision	1477
shall use the share under this division to pay or reimburse	1478
incarceration or treatment costs it incurs in housing or providing	1479
drug and alcohol treatment to persons who violate this section or	1480
a municipal OVI ordinance, costs of any immobilizing or disabling	1481
device used on the offender's vehicle, and costs of electronic	1482
house arrest equipment needed for persons who violate this	1483
section.	1484

(c) Twenty-five dollars of the fine imposed under division	1485
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	1486
division (G)(1)(b)(iii) of this section shall be deposited into	1487
the county or municipal indigent drivers' alcohol treatment fund	1488
under the control of that court, as created by the county or	1489
municipal corporation under division (N) of section 4511.191 of	1490
the Revised Code.	1491

(d) One hundred fifteen dollars of the fine imposed under	1492
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	1493
fine imposed under division (G)(1)(c)(iii), and four hundred forty	1494
dollars of the fine imposed under division (G)(1)(d)(iii) or	1495
(e)(iii) of this section shall be paid to the political	1496
subdivision that pays the cost of housing the offender during the	1497
offender's term of incarceration. The political subdivision shall	1498
use this share to pay or reimburse incarceration or treatment	1499
costs it incurs in housing or providing drug and alcohol treatment	1500
to persons who violate this section or a municipal OVI ordinance,	1501
costs for any immobilizing or disabling device used on the	1502
offender's vehicle, and costs of electronic house arrest equipment	1503
needed for persons who violate this section.	1504

(e) The balance of the fine imposed under division	1505
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	1506
section shall be disbursed as otherwise provided by law.	1507

(6) If title to a motor vehicle that is subject to an order	1508
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	1509
this section is assigned or transferred and division (B)(2) or (3)	1510
of section 4503.234 of the Revised Code applies, in addition to or	1511
independent of any other penalty established by law, the court may	1512
fine the offender the value of the vehicle as determined by	1513
publications of the national auto dealers association. The	1514
proceeds of any fine so imposed shall be distributed in accordance	1515
with division (C)(2) of that section.	1516

(H) Whoever violates division (B) of this section is guilty	1517
of operating a vehicle after underage alcohol consumption and	1518
shall be punished as follows:	1519

(1) Except as otherwise provided in division (H)(2) of this	1520
section, the offender is guilty of a misdemeanor of the fourth	1521
degree. In addition to any other sanction imposed for the	1522
offense, the court shall impose a class six suspension of the	1523
offender's driver's license, commercial driver's license,	1524
temporary instruction permit, probationary license, or nonresident	1525
operating privilege from the range specified in division (A)(6) of	1526
section 4510.02 of the Revised Code.	1527

(2) If, within one year of the offense, the offender	1528
previously has been convicted of or pleaded guilty to one or more	1529
violations of division (A) or (B) of this section or other	1530
equivalent offense offenses, the offender is guilty of a	1531
misdemeanor of the third degree. In addition to any other	1532
sanction imposed for the offense, the court shall impose a class	1533
four suspension of the offender's driver's license, commercial	1534
driver's license, temporary instruction permit, probationary	1535
license, or nonresident operating privilege from the range	1536
specified in division (A)(4) of section 4510.02 of the Revised	1537
Code.	1538

(I)(1) No court shall sentence an offender to an alcohol	1539
treatment program under this section unless the treatment program	1540
complies with the minimum standards for alcohol treatment programs	1541
adopted under Chapter 3793. of the Revised Code by the director of	1542
alcohol and drug addiction services.	1543

(2) An offender who stays in a drivers' intervention program	1544
or in an alcohol treatment program under an order issued under	1545
this section shall pay the cost of the stay in the program.	1546
However, if the court determines that an offender who stays in an	1547
alcohol treatment program under an order issued under this section	1548
is unable to pay the cost of the stay in the program, the court	1549
may order that the cost be paid from the court's indigent drivers'	1550
alcohol treatment fund.	1551

(J) If a person whose driver's or commercial driver's license	1552
or permit or nonresident operating privilege is suspended under	1553
this section files an appeal regarding any aspect of the person's	1554
trial or sentence, the appeal itself does not stay the operation	1555
of the suspension.	1556

(K) All terms defined in sections 4510.01 of the Revised Code	1557
apply to this section. If the meaning of a term defined in	1558
section 4510.01 of the Revised Code conflicts with the meaning of	1559
the same term as defined in section 4501.01 or 4511.01 of the	1560
Revised Code, the term as defined in section 4510.01 of the	1561
Revised Code applies to this section.	1562

(L)(1) The Ohio Traffic Rules in effect on the effective date	1563
of this amendmentJanuary 1, 2004, as adopted by the supreme court	1564
under authority of section 2937.46 of the Revised Code, do not	1565
apply to felony violations of this section. Subject to division	1566
(L)(2) of this section, the Rules of Criminal Procedure apply to	1567
felony violations of this section.	1568

(2) If, on or after the effective date of this amendment	1569
January 1, 2004, the supreme court modifies the Ohio Traffic Rules	1570
to provide procedures to govern felony violations of this section,	1571
the modified rules shall apply to felony violations of this	1572
section.	1573

Sec. 4511.194.  (A) As used in this section, "physical:

1574

(1) "National highway traffic safety administration" has the	1575
same meaning as in section 4511.19 of the Revised Code.	1576

(2) "Physical control" means being in the driver's position	1577
of the front seat of a vehicle or in the driver's position of a	1578
streetcar or trackless trolley and having possession of the	1579
vehicle's, streetcar's, or trackless trolley's ignition key or	1580
other ignition device.	1581

(B) No person shall be in physical control of a vehicle,	1582
streetcar, or trackless trolley while under the influence of	1583
alcohol, a drug of abuse, or a combination of them or while the	1584
person's whole blood, blood serum or plasma, breath, or urine	1585
contains at least the concentration of alcohol specified in	1586
division (A)(2), (3), (4), or (5) of section 4511.19 of the	1587
Revised Code.	1588

(C)(1) In any criminal prosecution or juvenile court	1589
proceeding for a violation of this section or a substantially	1590
equivalent municipal ordinance, if a law enforcement officer has	1591
administered a field sobriety test to the person in physical	1592
control of the vehicle involved in the violation and if it is	1593
shown by clear and convincing evidence that the officer	1594
administered the test in substantial compliance with the testing	1595
standards for any reliable, credible, and generally accepted field	1596
sobriety tests that were in effect at the time the tests were	1597
administered, including, but not limited to, any testing standards	1598
then in effect that were set by the national highway traffic	1599
safety administration, all of the following apply:	1600

(a) The officer may testify concerning the results of the	1601
field sobriety test so administered.	1602

(b) The prosecution may introduce the results of the field	1603
sobriety test so administered as evidence in any proceedings in	1604
the criminal prosecution or juvenile court proceeding.	1605

(c) If testimony is presented or evidence is introduced under	1606
division (C)(1)(a) or (b) of this section and if the testimony or	1607
evidence is admissible under the Rules of Evidence, the court	1608
shall admit the testimony or evidence, and the trier of fact shall	1609
give it whatever weight the trier of fact considers to be	1610
appropriate.	1611

(2) Division (C)(1) of this section does not limit or	1612
preclude a court, in its determination of whether the arrest of a	1613
person was supported by probable cause or its determination of any	1614
other matter in a criminal prosecution or juvenile court	1615
proceeding of a type described in that division, from considering	1616
evidence or testimony that is not otherwise disallowed by division	1617
(C)(1) of this section.	1618

(D) Whoever violates this section is guilty of having	1619
physical control of a vehicle while under the influence, a	1620
misdemeanor of the first degree. In addition to other sanctions	1621
imposed, the court may impose on the offender a class seven	1622
suspension of the offender's driver's license, commercial driver's	1623
license, temporary instruction permit, probationary license, or	1624
nonresident operating privilege from the range specified in	1625
division (A)(7) of section 4510.02 of the Revised Code.	1626

Section 4.  That the existing versions of sections 1547.11, 1547.111, 4511.19, and 4511.194 of the Revised Code that are scheduled to take effect January 1, 2004, are hereby repealed.

Section 5.  Sections 3 and 4 of this act shall take effect January 1, 2004.

Section 6. There is hereby created the Highway, Bridge, and	94
Overpass Vandal Fence Task Force, consisting of the Governor or	95
the Governor's designee, one person appointed by the Director of	96
Transportation, one person appointed by the Director of Public	97
Safety, who shall be the Superintendent or a trooper of the State	98
Highway Patrol, one person appointed by the Buckeye State Sheriffs	99
Association, one person appointed by the Ohio Association of	100
Chiefs of Police, one person appointed by the County Engineers	101
Association of Ohio, and three or more members of the public	102
appointed by the Governor. The Governor or the Governor's	103
designee shall be chairperson of the Task Force, and the Task	104
Force members shall elect a vice-chairperson from among their	105
members and appoint a secretary, who need not be a member of the	106
Task Force. A vacancy shall be filled in the same manner as the	107
original appointment. Members of the Task Force shall not receive	108
a salary, but the three Task Force members the Governor appoints	109
shall be reimbursed for the actual expenses they incur in	110
performing their duties as Task Force members.	111

The Task Force shall do all of the following:

112

(A) Develop an awareness program with local law enforcement	113
officials and the Ohio Department of Transportation relative to	114
the problem of objects thrown from highways, bridges, and	115
overpasses;	116

(B) Review and evaluate the overall situation regarding	117
objects thrown from highways, bridges, and overpasses, including	118
the types and number of objects thrown yearly, the perpetrators	119
involved, the locations within this state where such throwing has	120
occurred, and any other aspects of this criminal activity the Task	121
Force determines to be relevant and significant;	122

(C) Facilitate communication between the Ohio Department of	123
Transportation and law enforcement agencies by developing a	124
central computer system to track these incidents;	125

(D) Examine the value of the improved safety resulting from	126
the installation of vandal fences on all bridges and overpasses on	127
interstate freeways relative to the cost of such installation.	128

The Task Force shall compile its findings and formulate	129
recommendations and report these to a joint House of	130
Representatives and Senate Transportation Committee not later than	131
September 30, 2003. The joint committee shall consist of eight	132
members, four from the Senate appointed by the President of the	133
Senate and four from the House of Representatives appointed by the	134
Speaker. After the Task Force presents its report, the Governor	135
may declare the end to the existence of the Task Force or may	136
declare that the Task Force will remain in existence for such	137
additional time as the Governor determines necessary. If the	138
Governor declares that the Task Force will remain in existence,	139
the Task Force shall examine any issues relating to the throwing	140
of objects from highways, bridges, and overpasses that the Task	141
Force chooses to examine, until the Governor declares the end to	142
the existence of the Task Force.	143