As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. Sub. H. B. No. 215

Representative Collier 

Cosponsors: Representatives Evans, Latta, Brown, Chandler, Stebelton, Combs, Setzer, Aslanides, Bacon, Batchelder, Blessing, Book, Boyd, Core, Daniels, DeBose, DeGeeter, Dodd, Domenick, Dyer, Flowers, Gibbs, Hagan, J., Hagan, R., Mallory, Patton, Schindel, Schlichter, Sears, Wagner, Williams, B., Williams, S., Yuko 

Senators Grendell, Seitz, Turner, Cafaro, Fedor, Harris, Kearney, Morano, Padgett, Schaffer, Schuring 

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A BILL

To amend sections 341.12, 341.13, 341.14, 341.15,

1

1547.11, 1547.111, 2725.27, 2903.06, 2949.094,

2

3719.41, 4503.235, 4506.03, 4510.13, 4511.19,

3

4511.191, 4511.192, and 4511.197, to enact

4

sections 341.141, 4729.041, and 5111.0119, and to

5

repeal section 2725.25 of the Revised Code to

6

list Salvia divinorum as a controlled

7

substance; to provide for prohibited

8

concentrations of Salvia Divinorum and Salvinorin

9

A that are determined by the State Board of

10

Pharmacy for purposes of OVI and OWI; to make

11

clarifying, conforming, and technical changes in

12

the court cost add-on for indigent drivers

13

alcohol treatment and in certain provisions of, or

14

that relate to, Am. Sub. S.B. 17 of the 127th

15

General Assembly; to provide for suspension of

16

the eligibility for Medicaid of certain persons

17

confined in a state or local correctional

18

facility; to permit the transfer of county jail

19

inmates to contiguous counties in adjoining

20

states; to waive the operation of police vehicles

21

used to transport prisoners from commercial

22

driver's license requirements; and to provide

23

that the penalty enhancement for aggravated

24

vehicular homicide, vehicular homicide, and

25

vehicular manslaughter for driving under a

26

license suspension and the requirement for a

27

mandatory prison term in certain cases of

28

aggravated vehicular homicide and vehicular

29

homicide for driving under suspension also apply

30

to driving under cancellation and driving without

31

a license.

32

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

Section 1. That sections 341.12, 341.13, 341.14, 341.15,	33
1547.11, 1547.111, 2725.27, 2903.06, 2949.094, 3719.41, 4503.235,	34
4506.03, 4510.13, 4511.19, 4511.191, 4511.192, and 4511.197 be	35
amended and sections 341.141, 4729.041, and 5111.0119 of the	36
Revised Code be enacted to read as follows:	37

Sec. 341.12. In a county not having a sufficient jail or	38
staff, the sheriff shall convey any person charged with the	39
commission of an offense, sentenced to imprisonment in the county	40
jail, or in custody upon civil process, to a jail in any county	41
which the sheriff considers most convenient and secure. In the	42
case of a person who has been charged with an offense and is being	43
held pending trial, any county includes a contiguous county in an	44
adjoining state.	45

The sheriff may call such aid as is necessary in guarding,	46
tranportingtransporting, or returning such person. Whoever	47
neglects or refuses to render such aid, when so called upon, shall	48
forfeit and pay the sum of ten dollars, to be recovered by an	49
action in the name and for the use of the county.	50

Such sheriff and his assistants shall receive such	51
compensation for their services as the county auditor of the	52
county from which such person was removed considers reasonable.	53
The compensation shall be paid from the county treasury on the	54
warrant of the auditor.	55

The receiving sheriff shall not, pursuant to this section,	56
convey the person received to any county other than the one from	57
which the person was removed.	58

Sec. 341.13.  The sheriff of thea county in this state to	59
which a prisoner has been removed as provided by section 341.12 of	60
the Revised Code, shall, on being furnished a copy of the process	61
or commitment, receive suchthe prisoner into his custody, and.	62
The sheriff of a contiguous county of an adjoining state to which	63
a prisoner has been removed as provided in section 341.12 of the	64
Revised Code may, on being furnished a copy of the commitment,	65
receive the prisoner into the sheriff's custody. Each receiving	66
sheriff shall be liable for escapes or other neglect of duty in	67
relation to suchthe prisoner, as in other cases, and neither the	68
conveying sheriff nor any county commissioner of the county that	69
employs the conveying sheriff is liable in damages in a civil	70
action for any injury, death, or loss to person or property	71
suffered or caused by the prisoner while the prisoner is in the	72
custody of the receiving sheriff. SuchEach receiving sheriff	73
shall receive from the treasury of the county from which the	74
prisoner was removed, such fees as are allowed in other cases.	75

Sec. 341.14.  (A) The sheriff of an adjoining county in this	76
state shall not receive prisoners as provided by section 341.12 of	77
the Revised Code unless there is deposited weekly with the sheriff	78
an amount equal to the actual cost of keeping and feeding each	79
prisoner so committed for the use of the jail of that county, and	80
the same amount for a period of time less than one week. If a	81
prisoner is discharged before the expiration of the term for which	82
the prisoner was committed, the excess of the amount advanced	83
shall be refunded.	84

(B) Pursuant to section 2929.37 of the Revised Code, the	85
board of county commissioners of the county of this state that	86
receives pursuant to section 341.12 of the Revised Code for	87
confinement in its jail, a prisoner who was convicted of an	88
offense, may require the prisoner to reimburse the county for its	89
expenses incurred by reason of the prisoner's confinement.	90

(C) Notwithstanding any contrary provision in this section or	91
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	92
board of county commissioners in this state may establish a policy	93
that complies with section 2929.38 of the Revised Code and that	94
requires any prisoner who is not indigent and who is confined in	95
the county's jail under this section to pay a reception fee, a fee	96
for medical treatment or service requested by and provided to that	97
prisoner, or the fee for a random drug test assessed under	98
division (E) of section 341.26 of the Revised Code.	99

(D) If a county in this state receives pursuant to section	100
341.12 of the Revised Code for confinement in its jail a person	101
who has been convicted of or pleaded guilty to an offense and has	102
been sentenced to a term in a jail or a person who has been	103
arrested for an offense, who has been denied bail or has had bail	104
set and has not been released on bail, and who is confined in jail	105
pending trial, at the time of reception and at other times the	106
sheriff or other person in charge of the operation of the jail	107
determines to be appropriate, the sheriff or other person in	108
charge of the operation of the jail may cause the convicted or	109
accused offender to be examined and tested for tuberculosis, HIV	110
infection, hepatitis, including but not limited to hepatitis A, B,	111
and C, and other contagious diseases. The sheriff or other person	112
in charge of the operation of the jail may cause a convicted or	113
accused offender in the jail who refuses to be tested or treated	114
for tuberculosis, HIV infection, hepatitis, including but not	115
limited to hepatitis A, B, and C, or another contagious disease to	116
be tested and treated involuntarily.	117

Sec. 341.141.  (A) The sheriff of a county in this state	118
shall not transfer a prisoner to a contiguous county in an	119
adjoining state as provided in section 341.12 of the Revised Code	120
unless there is deposited weekly with the sheriff of the	121
contiguous county an amount equal to the actual cost of keeping	122
and feeding each prisoner committed to the custody of that sheriff	123
for the use of the jail of that county, and the same amount for a	124
period of time less than one week. If a prisoner is discharged	125
before the expiration of a week for which the cost of keeping and	126
feeding the prisoner has been deposited, the excess of the amount	127
shall be refunded.	128

(B) The minimum standards for jails that are applicable for	129
jails in the adjoining state shall apply to a jail in that	130
adjoining state that receives prisoners as provided in section	131
341.13 of the Revised Code.	132

(C) All other terms of the transfer of a prisoner from a	133
county in this state to a contiguous county in an adjoining state	134
shall be as agreed upon by the board of county commissioners, any	135
applicable governmental entity in the receiving county, and the	136
sheriffs involved in the transfer.	137

(D) If a prisoner is transferred to a contiguous county of an	138
adjoining state as provided in section 341.12 of the Revised Code,	139
jurisdiction over the transferred prisoner shall remain with the	140
Ohio governmental agencies and entities that would have	141
jurisdiction over the prisoner if the prisoner had not been so	142
transferred, including the Ohio court to which the prisoner's case	143
is assigned.	144

Sec. 341.15.  At the end of each quarter, of each calendar	145
year, thea sheriff in this state shall account for and pay to the	146
county treasurer all money received by himthe sheriff as provided	147
by sections 341.13 and 341.14 of the Revised Code.	148

Sec. 1547.11.  (A) No person shall operate or be in physical	149
control of any vessel underway or shall manipulate any water skis,	150
aquaplane, or similar device on the waters in this state if, at	151
the time of the operation, control, or manipulation, any of the	152
following applies:	153

(1) The person is under the influence of alcohol, a drug of	154
abuse, or a combination of them.	155

(2) The person has a concentration of eight-hundredths of one	156
per cent or more by weight of alcohol per unit volume in the	157
person's whole blood.	158

(3) The person has a concentration of ninety-six-thousandths	159
of one per cent or more by weight per unit volume of alcohol in	160
the person's blood serum or plasma.	161

(4) The person has a concentration of eleven-hundredths of	162
one gram or more by weight of alcohol per one hundred milliliters	163
of the person's urine.	164

(5) The person has a concentration of eight-hundredths of one	165
gram or more by weight of alcohol per two hundred ten liters of	166
the person's breath.	167

(6) Except as provided in division (H) of this section, the	168
person has a concentration of any of the following controlled	169
substances or metabolites of a controlled substance in the	170
person's whole blood, blood serum or plasma, or urine that equals	171
or exceeds any of the following:	172

(a) The person has a concentration of amphetamine in the	173
person's urine of at least five hundred nanograms of amphetamine	174
per milliliter of the person's urine or has a concentration of	175
amphetamine in the person's whole blood or blood serum or plasma	176
of at least one hundred nanograms of amphetamine per milliliter of	177
the person's whole blood or blood serum or plasma.	178

(b) The person has a concentration of cocaine in the person's	179
urine of at least one hundred fifty nanograms of cocaine per	180
milliliter of the person's urine or has a concentration of cocaine	181
in the person's whole blood or blood serum or plasma of at least	182
fifty nanograms of cocaine per milliliter of the person's whole	183
blood or blood serum or plasma.	184

(c) The person has a concentration of cocaine metabolite in	185
the person's urine of at least one hundred fifty nanograms of	186
cocaine metabolite per milliliter of the person's urine or has a	187
concentration of cocaine metabolite in the person's whole blood or	188
blood serum or plasma of at least fifty nanograms of cocaine	189
metabolite per milliliter of the person's whole blood or blood	190
serum or plasma.	191

(d) The person has a concentration of heroin in the person's	192
urine of at least two thousand nanograms of heroin per milliliter	193
of the person's urine or has a concentration of heroin in the	194
person's whole blood or blood serum or plasma of at least fifty	195
nanograms of heroin per milliliter of the person's whole blood or	196
blood serum or plasma.	197

(e) The person has a concentration of heroin metabolite	198
(6-monoacetyl morphine) in the person's urine of at least ten	199
nanograms of heroin metabolite (6-monoacetyl morphine) per	200
milliliter of the person's urine or has a concentration of heroin	201
metabolite (6-monoacetyl morphine) in the person's whole blood or	202
blood serum or plasma of at least ten nanograms of heroin	203
metabolite (6-monoacetyl morphine) per milliliter of the person's	204
whole blood or blood serum or plasma.	205

(f) The person has a concentration of L.S.D. in the person's	206
urine of at least twenty-five nanograms of L.S.D. per milliliter	207
of the person's urine or has a concentration of L.S.D. in the	208
person's whole blood or blood serum or plasma of at least ten	209
nanograms of L.S.D. per milliliter of the person's whole blood or	210
blood serum or plasma.	211

(g) The person has a concentration of marihuana in the	212
person's urine of at least ten nanograms of marihuana per	213
milliliter of the person's urine or has a concentration of	214
marihuana in the person's whole blood or blood serum or plasma of	215
at least two nanograms of marihuana per milliliter of the person's	216
whole blood or blood serum or plasma.	217

(h) The state board of pharmacy has adopted a rule pursuant	218
to section 4729.041 of the Revised Code that specifies the amount	219
of salvia divinorum and the amount of salvinorin A that constitute	220
concentrations of salvia divinorum and salvinorin A in a person's	221
urine, in a person's whole blood, or in a person's blood serum or	222
plasma at or above which the person is impaired for purposes of	223
operating or being in physical control of any vessel underway or	224
manipulating any water skis, aquaplane, or similar device on the	225
waters of this state, the rule is in effect, and the person has a	226
concentration of salvia divinorum or salvinorin A of at least that	227
amount so specified by rule in the person's urine, in the person's	228
whole blood, or in the person's blood serum or plasma.	229

(h)(i) Either of the following applies:

230

(i) The person is under the influence of alcohol, a drug of	231
abuse, or a combination of them, and, as measured by gas	232
chromatography mass spectrometry, the person has a concentration	233
of marihuana metabolite in the person's urine of at least fifteen	234
nanograms of marihuana metabolite per milliliter of the person's	235
urine or has a concentration of marihuana metabolite in the	236
person's whole blood or blood serum or plasma of at least five	237
nanograms of marihuana metabolite per milliliter of the person's	238
whole blood or blood serum or plasma.	239

(ii) As measured by gas chromatography mass spectrometry, the	240
person has a concentration of marihuana metabolite in the person's	241
urine of at least thirty-five nanograms of marihuana metabolite	242
per milliliter of the person's urine or has a concentration of	243
marihuana metabolite in the person's whole blood or blood serum or	244
plasma of at least fifty nanograms of marihuana metabolite per	245
milliliter of the person's whole blood or blood serum or plasma.	246

(i)(j) The person has a concentration of methamphetamine in	247
the person's urine of at least five hundred nanograms of	248
methamphetamine per milliliter of the person's urine or has a	249
concentration of methamphetamine in the person's whole blood or	250
blood serum or plasma of at least one hundred nanograms of	251
methamphetamine per milliliter of the person's whole blood or	252
blood serum or plasma.	253

(j)(k) The person has a concentration of phencyclidine in the	254
person's urine of at least twenty-five nanograms of phencyclidine	255
per milliliter of the person's urine or has a concentration of	256
phencyclidine in the person's whole blood or blood serum or plasma	257
of at least ten nanograms of phencyclidine per milliliter of the	258
person's whole blood or blood serum or plasma.	259

(B) No person under twenty-one years of age shall operate or	260
be in physical control of any vessel underway or shall manipulate	261
any water skis, aquaplane, or similar device on the waters in this	262
state if, at the time of the operation, control, or manipulation,	263
any of the following applies:	264

(1) The person has a concentration of at least two-hundredths	265
of one per cent, but less than eight-hundredths of one per cent by	266
weight per unit volume of alcohol in the person's whole blood.	267

(2) The person has a concentration of at least	268
three-hundredths of one per cent but less than	269
ninety-six-thousandths of one per cent by weight per unit volume	270
of alcohol in the person's blood serum or plasma.	271

(3) The person has a concentration of at least twenty-eight	272
one-thousandths of one gram, but less than eleven-hundredths of	273
one gram by weight of alcohol per one hundred milliliters of the	274
person's urine.	275

(4) The person has a concentration of at least two-hundredths	276
of one gram, but less than eight-hundredths of one gram by weight	277
of alcohol per two hundred ten liters of the person's breath.	278

(C) In any proceeding arising out of one incident, a person	279
may be charged with a violation of division (A)(1) and a violation	280
of division (B)(1), (2), (3), or (4) of this section, but the	281
person shall not be convicted of more than one violation of those	282
divisions.	283

(D)(1)(a) In any criminal prosecution or juvenile court	284
proceeding for a violation of division (A) or (B) of this section	285
or for an equivalent offense that is watercraft-related, the	286
result of any test of any blood or urine withdrawn and analyzed at	287
any health care provider, as defined in section 2317.02 of the	288
Revised Code, may be admitted with expert testimony to be	289
considered with any other relevant and competent evidence in	290
determining the guilt or innocence of the defendant.	291

(b) In any criminal prosecution or juvenile court proceeding	292
for a violation of division (A) or (B) of this section or for an	293
equivalent offense that is watercraft-related, the court may	294
admit evidence on the concentration of alcohol, drugs of abuse,	295
controlled substances, metabolites of a controlled substance, or	296
a combination of them in the defendant's or child's whole blood,	297
blood serum or plasma, urine, or breath at the time of the	298
alleged violation as shown by chemical analysis of the substance	299
withdrawn, or specimen taken within three hours of the time of the	300
alleged violation. The three-hour time limit specified in this	301
division regarding the admission of evidence does not extend or	302
affect the two-hour time limit specified in division (C) of	303
section 1547.111 of the Revised Code as the maximum period of	304
time during which a person may consent to a chemical test or tests	305
as described in that section. The court may admit evidence on the	306
concentration of alcohol, drugs of abuse, or a combination of them	307
as described in this division when a person submits to a blood,	308
breath, urine, or other bodily substance test at the request of a	309
law enforcement officer under section 1547.111 of the Revised	310
Code or a blood or urine sample is obtained pursuant to a search	311
warrant. Only a physician, a registered nurse, or a qualified	312
technician, chemist, or phlebotomist shall withdraw blood for the	313
purpose of determining the alcohol, drug, controlled substance,	314
metabolite of a controlled substance, or combination content of	315
the whole blood, blood serum, or blood plasma. This limitation	316
does not apply to the taking of breath or urine specimens. A	317
person authorized to withdraw blood under this division may refuse	318
to withdraw blood under this division if, in that person's	319
opinion, the physical welfare of the defendant or child would be	320
endangered by withdrawing blood.	321

The whole blood, blood serum or plasma, urine, or breath	322
withdrawn under division (D)(1)(b) of this section shall be	323
analyzed in accordance with methods approved by the director of	324
health by an individual possessing a valid permit issued by the	325
director pursuant to section 3701.143 of the Revised Code.	326

(2) In a criminal prosecution or juvenile court proceeding	327
for a violation of division (A) of this section or for an	328
equivalent offense that is watercraft-related, if there was at	329
the time the bodily substance was taken a concentration of less	330
than the applicable concentration of alcohol specified for a	331
violation of division (A)(2), (3), (4), or (5) of this section or	332
less than the applicable concentration of a listed controlled	333
substance or a listed metabolite of a controlled substance	334
specified for a violation of division (A)(6) of this section, that	335
fact may be considered with other competent evidence in	336
determining the guilt or innocence of the defendant or in making	337
an adjudication for the child. This division does not limit or	338
affect a criminal prosecution or juvenile court proceeding for a	339
violation of division (B) of this section or for a violation of a	340
prohibition that is substantially equivalent to that division.	341

(3) Upon the request of the person who was tested, the	342
results of the chemical test shall be made available to the person	343
or the person's attorney immediately upon completion of the test	344
analysis.	345

If the chemical test was administered pursuant to division	346
(D)(1)(b) of this section, the person tested may have a	347
physician, a registered nurse, or a qualified technician, chemist,	348
or phlebotomist of the person's own choosing administer a chemical	349
test or tests in addition to any administered at the direction of	350
a law enforcement officer, and shall be so advised. The failure or	351
inability to obtain an additional test by a person shall not	352
preclude the admission of evidence relating to the test or tests	353
taken at the direction of a law enforcement officer.	354

(E)(1) In any criminal prosecution or juvenile court	355
proceeding for a violation of division (A) or (B) of this section,	356
of a municipal ordinance relating to operating or being in	357
physical control of any vessel underway or to manipulating any	358
water skis, aquaplane, or similar device on the waters of this	359
state while under the influence of alcohol, a drug of abuse, or a	360
combination of them, or of a municipal ordinance relating to	361
operating or being in physical control of any vessel underway or	362
to manipulating any water skis, aquaplane, or similar device on	363
the waters of this state with a prohibited concentration of	364
alcohol, a controlled substance, or a metabolite of a controlled	365
substance in the whole blood, blood serum or plasma, breath, or	366
urine, if a law enforcement officer has administered a field	367
sobriety test to the operator or person found to be in physical	368
control of the vessel underway involved in the violation or the	369
person manipulating the water skis, aquaplane, or similar device	370
involved in the violation and if it is shown by clear and	371
convincing evidence that the officer administered the test in	372
substantial compliance with the testing standards for reliable,	373
credible, and generally accepted field sobriety tests for vehicles	374
that were in effect at the time the tests were administered,	375
including, but not limited to, any testing standards then in	376
effect that have been set by the national highway traffic safety	377
administration, that by their nature are not clearly inapplicable	378
regarding the operation or physical control of vessels underway or	379
the manipulation of water skis, aquaplanes, or similar devices,	380
all of the following apply:	381

(a) The officer may testify concerning the results of the	382
field sobriety test so administered.	383

(b) The prosecution may introduce the results of the field	384
sobriety test so administered as evidence in any proceedings in	385
the criminal prosecution or juvenile court proceeding.	386

(c) If testimony is presented or evidence is introduced under	387
division (E)(1)(a) or (b) of this section and if the testimony or	388
evidence is admissible under the Rules of Evidence, the court	389
shall admit the testimony or evidence, and the trier of fact shall	390
give it whatever weight the trier of fact considers to be	391
appropriate.	392

(2) Division (E)(1) of this section does not limit or	393
preclude a court, in its determination of whether the arrest of a	394
person was supported by probable cause or its determination of any	395
other matter in a criminal prosecution or juvenile court	396
proceeding of a type described in that division, from considering	397
evidence or testimony that is not otherwise disallowed by division	398
(E)(1) of this section.	399

(F)(1) Subject to division (F)(3) of this section, in any	400
criminal prosecution or juvenile court proceeding for a violation	401
of division (A) or (B) of this section or for an equivalent	402
offense that is substantially equivalent to either of those	403
divisions, the court shall admit as prima-facie evidence a	404
laboratory report from any laboratory personnel issued a permit by	405
the department of health authorizing an analysis as described in	406
this division that contains an analysis of the whole blood, blood	407
serum or plasma, breath, urine, or other bodily substance tested	408
and that contains all of the information specified in this	409
division. The laboratory report shall contain all of the	410
following:	411

(a) The signature, under oath, of any person who performed	412
the analysis;	413

(b) Any findings as to the identity and quantity of alcohol,	414
a drug of abuse, a controlled substance, a metabolite of a	415
controlled substance, or a combination of them that was found;	416

(c) A copy of a notarized statement by the laboratory	417
director or a designee of the director that contains the name of	418
each certified analyst or test performer involved with the report,	419
the analyst's or test performer's employment relationship with the	420
laboratory that issued the report, and a notation that performing	421
an analysis of the type involved is part of the analyst's or test	422
performer's regular duties;	423

(d) An outline of the analyst's or test performer's	424
education, training, and experience in performing the type of	425
analysis involved and a certification that the laboratory	426
satisfies appropriate quality control standards in general and, in	427
this particular analysis, under rules of the department of health.	428

(2) Notwithstanding any other provision of law regarding the	429
admission of evidence, a report of the type described in division	430
(F)(1) of this section is not admissible against the defendant or	431
child to whom it pertains in any proceeding, other than a	432
preliminary hearing or a grand jury proceeding, unless the	433
prosecutor has served a copy of the report on the defendant's or	434
child's attorney or, if the defendant or child has no attorney, on	435
the defendant or child.	436

(3) A report of the type described in division (F)(1) of this	437
section shall not be prima-facie evidence of the contents,	438
identity, or amount of any substance if, within seven days after	439
the defendant or child to whom the report pertains or the	440
defendant's or child's attorney receives a copy of the report, the	441
defendant or child or the defendant's or child's attorney demands	442
the testimony of the person who signed the report. The judge in	443
the case may extend the seven-day time limit in the interest of	444
justice.	445

(G) Except as otherwise provided in this division, any	446
physician, registered nurse, or qualified technician, chemist, or	447
phlebotomist who withdraws blood from a person pursuant to this	448
section or section 1547.111 of the Revised Code, and a hospital,	449
first-aid station, or clinic at which blood is withdrawn from a	450
person pursuant to this section or section 1547.111 of the Revised	451
Code, is immune from criminal and civil liability based upon a	452
claim of assault and battery or any other claim that is not a	453
claim of malpractice, for any act performed in withdrawing blood	454
from the person. The immunity provided in this division is not	455
available to a person who withdraws blood if the person engages in	456
willful or wanton misconduct.	457

(H) Division (A)(6) of this section does not apply to a	458
person who operates or is in physical control of a vessel underway	459
or manipulates any water skis, aquaplane, or similar device while	460
the person has a concentration of a listed controlled substance or	461
a listed metabolite of a controlled substance in the person's	462
whole blood, blood serum or plasma, or urine that equals or	463
exceeds the amount specified in that division, if both of the	464
following apply:	465

(1) The person obtained the controlled substance pursuant to	466
a prescription issued by a licensed health professional authorized	467
to prescribe drugs.	468

(2) The person injected, ingested, or inhaled the controlled	469
substance in accordance with the health professional's directions.	470

(I) As used in this section and section 1547.111 of the	471
Revised Code:	472

(1) "Equivalent offense" has the same meaning as in section	473
4511.181 of the Revised Code.	474

(2) "National highway traffic safety administration" has the	475
same meaning as in section 4511.19 of the Revised Code.	476

(3) "Operate" means that a vessel is being used on the waters	477
in this state when the vessel is not securely affixed to a dock or	478
to shore or to any permanent structure to which the vessel has the	479
right to affix or that a vessel is not anchored in a designated	480
anchorage area or boat camping area that is established by the	481
United States coast guard, this state, or a political subdivision	482
and in which the vessel has the right to anchor.	483

(4) "Controlled substance" and "marihuana" have the same	484
meanings as in section 3719.01 of the Revised Code.	485

(5) "Cocaine" and "L.S.D." have the same meanings as in	486
section 2925.01 of the Revised Code.	487

(6) "Equivalent offense that is watercraft-related" means an	488
equivalent offense that is one of the following:	489

(a) A violation of division (A) or (B) of this section;

490

(b) A violation of a municipal ordinance prohibiting a person	491
from operating or being in physical control of any vessel underway	492
or from manipulating any water skis, aquaplane, or similar device	493
on the waters of this state while under the influence of alcohol,	494
a drug of abuse, or a combination of them or prohibiting a person	495
from operating or being in physical control of any vessel underway	496
or from manipulating any water skis, aquaplane, or similar device	497
on the waters of this state with a prohibited concentration of	498
alcohol, a controlled substance, or a metabolite of a controlled	499
substance in the whole blood, blood serum or plasma, breath, or	500
urine;	501

(c) A violation of an existing or former municipal ordinance,	502
law of another state, or law of the United States that is	503
substantially equivalent to division (A) or (B) of this section;	504

(d) A violation of a former law of this state that was	505
substantially equivalent to division (A) or (B) of this section.	506

Sec. 1547.111.  (A)(1)(a) Any person who operates or is in	507
physical control of a vessel or manipulates any water skis,	508
aquaplane, or similar device upon any waters in this state shall	509
be deemed to have given consent to a chemical test or tests to	510
determine the alcohol, drug of abuse, controlled substance,	511
metabolite of a controlled substance, or combination content of	512
the person's whole blood, blood serum or plasma, breath, or urine	513
if arrested for operating or being in physical control of a vessel	514
or manipulating any water skis, aquaplane, or similar device in	515
violation of section 1547.11 of the Revised Code or a	516
substantially equivalent municipal ordinance.	517

(b) The test or tests under division (A)(1) of this section	518
shall be administered at the request of a law enforcement officer	519
having reasonable grounds to believe the person was operating or	520
in physical control of a vessel or manipulating any water skis,	521
aquaplane, or similar device in violation of section 1547.11 of	522
the Revised Code or a substantially equivalent municipal	523
ordinance. The law enforcement agency by which the officer is	524
employed shall designate which test or tests shall be	525
administered.	526

(2) Any person who is dead or unconscious or who otherwise is	527
in a condition rendering the person incapable of refusal shall be	528
deemed to have consented as provided in division (A)(1) of this	529
section, and the test or tests may be administered, subject to	530
sections 313.12 to 313.16 of the Revised Code.	531

(B)(1) If a law enforcement officer arrests a person for	532
operating or being in physical control of a vessel or manipulating	533
any water skis, aquaplane, or similar device in violation of	534
section 1547.11 of the Revised Code or a substantially equivalent	535
municipal ordinance and if the person previously has been	536
convicted of or pleaded guilty to two or more violations of	537
section 1547.11 of the Revised Code or other equivalent offenses,	538
the law enforcement officer shall request the person to submit,	539
and the person shall submit, to a chemical test or tests of the	540
person's whole blood, blood serum or plasma, breath, or urine for	541
the purpose of determining the alcohol, drug of abuse, controlled	542
substance, metabolite of a controlled substance, or combination	543
content of the person's whole blood, blood serum or plasma,	544
breath, or urine. A law enforcement officer who makes a request	545
pursuant to this division that a person submit to a chemical test	546
or tests is not required to advise the person of the consequences	547
of refusing to submit to the test or tests and is not required to	548
give the person the form described in division (C) of this	549
section, but the officer shall advise the person at the time of	550
the arrest that if the person refuses to take a chemical test the	551
officer may employ whatever reasonable means are necessary to	552
ensure that the person submits to a chemical test of the person's	553
whole blood or blood serum or plasma. The officer shall also	554
advise the person at the time of the arrest that the person may	555
have an independent chemical test taken at the person's own	556
expense. The advice shall be in written form prescribed by the	557
chief of the division of watercraft and shall be read to the	558
person. The form shall contain a statement that the form was	559
shown to the person under arrest and read to the person by the	560
arresting officer. The reading of the form shall be witnessed by	561
one or more persons, and the witnesses shall certify to this fact	562
by signing the form. Divisions (A)(1)(b) and (A)(2) of this	563
section apply to the administration of a chemical test or tests	564
pursuant to this division.	565

(2) If a person refuses to submit to a chemical test upon a	566
request made pursuant to division (B)(1) of this section, the law	567
enforcement officer who made the request may employ whatever	568
reasonable means are necessary to ensure that the person submits	569
to a chemical test of the person's whole blood or blood serum or	570
plasma. A law enforcement officer who acts pursuant to this	571
division to ensure that a person submits to a chemical test of the	572
person's whole blood or blood serum or plasma is immune from	573
criminal and civil liability based upon a claim for assault and	574
battery or any other claim for the acts, unless the officer so	575
acted with malicious purpose, in bad faith, or in a wanton or	576
reckless manner.	577

(C) AnyExcept as provided in division (B) of this section,	578
any person under arrest for violating section 1547.11 of the	579
Revised Code or a substantially equivalent municipal ordinance	580
shall be advised of the consequences of refusing to submit to a	581
chemical test or tests designated as provided in division (A) of	582
this section. The advice shall be in a written form prescribed by	583
the chief of the division of watercraft and shall be read to the	584
person. The form shall contain a statement that the form was shown	585
to the person under arrest and read to the person by the	586
arresting officer. The reading of the form shall be witnessed by	587
one or more persons, and the witnesses shall certify to this fact	588
by signing the form. The person must submit to the chemical test	589
or tests, subsequent to the request of the arresting officer,	590
within two hours of the time of the alleged violation, and if	591
the person does not submit to the test or tests within that	592
two-hour time limit, the failure to submit automatically	593
constitutes a refusal to submit to the test or tests.	594

(D) IfExcept as provided in division (B) of this section, if	595
a law enforcement officer asks a person under arrest for violating	596
section 1547.11 of the Revised Code or a substantially equivalent	597
municipal ordinance to submit to a chemical test or tests as	598
provided in division (A) of this section, if the arresting officer	599
advises the person of the consequences of the person's refusal as	600
provided in division (C) of this section, and if the person	601
refuses to submit, no chemical test shall be given. Upon receipt	602
of a sworn statement of the officer that the arresting law	603
enforcement officer had reasonable grounds to believe the arrested	604
person violated section 1547.11 of the Revised Code or a	605
substantially equivalent municipal ordinance and that the person	606
refused to submit to the chemical test upon the request of the	607
officer, and upon receipt of the form as provided in division (C)	608
of this section certifying that the arrested person was advised of	609
the consequences of the refusal, the chief of the division of	610
watercraft shall inform the person by written notice that the	611
person is prohibited from operating or being in physical control	612
of a vessel, from manipulating any water skis, aquaplane, or	613
similar device, and from registering any watercraft in accordance	614
with section 1547.54 of the Revised Code, for one year following	615
the date of the alleged violation. The suspension of these	616
operation, physical control, manipulation, and registration	617
privileges shall continue for the entire one-year period, subject	618
to review as provided in this section.	619

If the person under arrest is the owner of the vessel	620
involved in the alleged violation, the law enforcement officer who	621
arrested the person shall seize the watercraft registration	622
certificate and tags from the vessel involved in the violation and	623
forward them to the chief. The chief shall retain the impounded	624
registration certificate and tags and shall impound all other	625
registration certificates and tags issued to the person in	626
accordance with sections 1547.54 and 1547.57 of the Revised Code,	627
for a period of one year following the date of the alleged	628
violation, subject to review as provided in this section.	629

If the arrested person fails to surrender the registration	630
certificate because it is not on the person of the arrested person	631
or in the watercraft, the law enforcement officer who made the	632
arrest shall order the person to surrender it within twenty-four	633
hours to the law enforcement officer or the law enforcement agency	634
that employs the law enforcement officer. If the person fails to	635
do so, the law enforcement officer shall notify the chief of that	636
fact in the statement the officer submits to the chief under this	637
division.	638

(E) Upon suspending a person's operation, physical control,	639
manipulation, and registration privileges in accordance with	640
division (D) of this section, the chief shall notify the person in	641
writing, at the person's last known address, and inform the person	642
that the person may petition for a hearing in accordance with	643
division (F) of this section. If a person whose operation,	644
physical control, manipulation, and registration privileges have	645
been suspended petitions for a hearing or appeals any adverse	646
decision, the suspension shall begin at the termination of any	647
hearing or appeal unless the hearing or appeal results in a	648
decision favorable to the person.	649

(F) Any person who has been notified by the chief that the	650
person is prohibited from operating or being in physical control	651
of a vessel or manipulating any water skis, aquaplane, or similar	652
device and from registering any watercraft in accordance with	653
section 1547.54 of the Revised Code, or who has had the	654
registration certificate and tags of the person's watercraft	655
impounded pursuant to division (D) of this section, within twenty	656
days of the notification or impoundment, may file a petition in	657
the municipal court or the county court, or if the person is a	658
minor in juvenile court, with jurisdiction over the place at which	659
the arrest occurred, agreeing to pay the cost of the proceedings	660
and alleging error in the action taken by the chief under division	661
(D) of this section or alleging one or more of the matters within	662
the scope of the hearing as provided in this section, or both. The	663
petitioner shall notify the chief of the filing of the petition	664
and send the chief a copy of the petition.	665

The scope of the hearing is limited to the issues of whether	666
the law enforcement officer had reasonable grounds to believe the	667
petitioner was operating or in physical control of a vessel or	668
manipulating any water skis, aquaplane, or similar device in	669
violation of section 1547.11 of the Revised Code or a	670
substantially equivalent municipal ordinance, whether the	671
petitioner was placed under arrest, whether the petitioner refused	672
to submit to the chemical test upon request of the officer, and	673
whether the petitioner was advised of the consequences of the	674
petitioner's refusal.	675

(G)(1) The chief shall furnish the court a copy of the	676
affidavit as provided in division (C) of this section and any	677
other relevant information requested by the court.	678

(2) In hearing the matter and in determining whether the	679
person has shown error in the decision taken by the chief as	680
provided in division (D) of this section, the court shall decide	681
the issue upon the relevant, competent, and material evidence	682
submitted by the chief or the person whose operation, physical	683
control, manipulation, and registration privileges have been	684
suspended.	685

In the proceedings, the chief shall be represented by the	686
prosecuting attorney of the county in which the petition is filed	687
if the petition is filed in a county court or juvenile court,	688
except that if the arrest occurred within a city or village within	689
the jurisdiction of the county court in which the petition is	690
filed, the city director of law or village solicitor of that city	691
or village shall represent the chief. If the petition is filed in	692
the municipal court, the chief shall be represented as provided in	693
section 1901.34 of the Revised Code.	694

(3) If the court finds from the evidence submitted that the	695
person has failed to show error in the action taken by the chief	696
under division (D) of this section or in one or more of the	697
matters within the scope of the hearing as provided in division	698
(F) of this section, or both, the court shall assess the cost of	699
the proceeding against the person and shall uphold the suspension	700
of the operation, physical control, use, and registration	701
privileges provided in division (D) of this section. If the court	702
finds that the person has shown error in the action taken by the	703
chief under division (D) of this section or in one or more of the	704
matters within the scope of the hearing as provided in division	705
(F) of this section, or both, the cost of the proceedings shall be	706
paid out of the county treasury of the county in which the	707
proceedings were held, the chief shall reinstate the operation,	708
physical control, manipulation, and registration privileges of the	709
person without charge, and the chief shall return the registration	710
certificate and tags, if impounded, without charge.	711

(4) The court shall give information in writing of any action	712
taken under this section to the chief.	713

(H) At the end of any period of suspension or impoundment	714
imposed under this section, and upon request of the person whose	715
operation, physical control, use, and registration privileges were	716
suspended or whose registration certificate and tags were	717
impounded, the chief shall reinstate the person's operation,	718
physical control, manipulation, and registration privileges by	719
written notice and return the certificate and tags.	720

(I) No person who has received written notice from the chief	721
that the person is prohibited from operating or being in physical	722
control of a vessel, from manipulating any water skis, aquaplane,	723
or similar device, and from registering a watercraft, or who has	724
had the registration certificate and tags of the person's	725
watercraft impounded, in accordance with division (D) of this	726
section, shall operate or be in physical control of a vessel or	727
manipulate any water skis, aquaplane, or similar device for a	728
period of one year following the date of the person's alleged	729
violation of section 1547.11 of the Revised Code or the	730
substantially equivalent municipal ordinance.	731

Sec. 2725.27.  The forfeitures mentioned in sections 2725.21	732
to 2725.24, inclusive, of the Revised Code, may be recovered by	733
the party aggrieved or histhe executors or administrators of the	734
party aggrieved against the offender or histhe offender's	735
executors or administrators by civil action in a court having	736
cognizance thereof.	737

Actions for violations of sections 2725.21 to 2725.25,	738
inclusive,2725.24 of the Revised Code, shall be brought within	739
two years after the offense is committed, except in cases of	740
imprisonment of the party aggrieved, when action may be brought	741
within two years after histhe delivery of the party aggrieved out	742
of prison, or after his deceasedeath if hethe party aggrieved	743
dies in prison.	744

Sec. 2903.06.  (A) No person, while operating or	745
participating in the operation of a motor vehicle, motorcycle,	746
snowmobile, locomotive, watercraft, or aircraft, shall cause the	747
death of another or the unlawful termination of another's	748
pregnancy in any of the following ways:	749

(1)(a) As the proximate result of committing a violation of	750
division (A) of section 4511.19 of the Revised Code or of a	751
substantially equivalent municipal ordinance;	752

(b) As the proximate result of committing a violation of	753
division (A) of section 1547.11 of the Revised Code or of a	754
substantially equivalent municipal ordinance;	755

(c) As the proximate result of committing a violation of	756
division (A)(3) of section 4561.15 of the Revised Code or of a	757
substantially equivalent municipal ordinance.	758

(2) In one of the following ways:

759

(a) Recklessly;

760

(b) As the proximate result of committing, while operating or	761
participating in the operation of a motor vehicle or motorcycle in	762
a construction zone, a reckless operation offense, provided that	763
this division applies only if the person whose death is caused or	764
whose pregnancy is unlawfully terminated is in the construction	765
zone at the time of the offender's commission of the reckless	766
operation offense in the construction zone and does not apply as	767
described in division (F) of this section.	768

(3) In one of the following ways:

769

(a) Negligently;

770

(b) As the proximate result of committing, while operating or	771
participating in the operation of a motor vehicle or motorcycle in	772
a construction zone, a speeding offense, provided that this	773
division applies only if the person whose death is caused or whose	774
pregnancy is unlawfully terminated is in the construction zone at	775
the time of the offender's commission of the speeding offense in	776
the construction zone and does not apply as described in division	777
(F) of this section.	778

(4) As the proximate result of committing a violation of any	779
provision of any section contained in Title XLV of the Revised	780
Code that is a minor misdemeanor or of a municipal ordinance that,	781
regardless of the penalty set by ordinance for the violation, is	782
substantially equivalent to any provision of any section contained	783
in Title XLV of the Revised Code that is a minor misdemeanor.	784

(B)(1) Whoever violates division (A)(1) or (2) of this	785
section is guilty of aggravated vehicular homicide and shall be	786
punished as provided in divisions (B)(2) and (3) of this section.	787

(2)(a) Except as otherwise provided in division (B)(2)(b) or	788
(c) of this section, aggravated vehicular homicide committed in	789
violation of division (A)(1) of this section is a felony of the	790
second degree and the court shall impose a mandatory prison term	791
on the offender as described in division (E) of this section.	792

(b) Except as otherwise provided in division (B)(2)(c) of	793
this section, aggravated vehicular homicide committed in violation	794
of division (A)(1) of this section is a felony of the first	795
degree, and the court shall impose a mandatory prison term on the	796
offender as described in division (E) of this section, if any of	797
the following apply:	798

(i) At the time of the offense, the offender was driving	799
under a suspension or cancellation imposed under Chapter 4510. or	800
any other provision of the Revised Code or was operating a motor	801
vehicle or motorcycle, did not have a valid driver's license,	802
commercial driver's license, temporary instruction permit,	803
probationary license, or nonresident operating privilege, and was	804
not eligible for renewal of the offender's driver's license or	805
commercial driver's license without examination under section	806
4507.10 of the Revised Code.	807

(ii) The offender previously has been convicted of or pleaded	808
guilty to a violation of this section.	809

(iii) The offender previously has been convicted of or	810
pleaded guilty to any traffic-related homicide, manslaughter, or	811
assault offense.	812

(c) Aggravated vehicular homicide committed in violation of	813
division (A)(1) of this section is a felony of the first degree,	814
and the court shall sentence the offender to a mandatory prison	815
term as provided in section 2929.142 of the Revised Code and	816
described in division (E) of this section if any of the following	817
apply:	818

(i) The offender previously has been convicted of or pleaded	819
guilty to three or more prior violations of section 4511.19 of the	820
Revised Code or of a substantially equivalent municipal ordinance	821
within the previous six years.	822

(ii) The offender previously has been convicted of or pleaded	823
guilty to three or more prior violations of division (A) of	824
section 1547.11 of the Revised Code or of a substantially	825
equivalent municipal ordinance within the previous six years.	826

(iii) The offender previously has been convicted of or	827
pleaded guilty to three or more prior violations of division	828
(A)(3) of section 4561.15 of the Revised Code or of a	829
substantially equivalent municipal ordinance within the previous	830
six years.	831

(iv) The offender previously has been convicted of or pleaded	832
guilty to three or more prior violations of division (A)(1) of	833
this section within the previous six years.	834

(v) The offender previously has been convicted of or pleaded	835
guilty to three or more prior violations of division (A)(1) of	836
section 2903.08 of the Revised Code within the previous six years.	837

(vi) The offender previously has been convicted of or pleaded	838
guilty to three or more prior violations of section 2903.04 of the	839
Revised Code within the previous six years in circumstances in	840
which division (D) of that section applied regarding the	841
violations.	842

(vii) The offender previously has been convicted of or	843
pleaded guilty to three or more violations of any combination of	844
the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv),	845
(v), or (vi) of this section within the previous six years.	846

(viii) The offender previously has been convicted of or	847
pleaded guilty to a second or subsequent felony violation of	848
division (A) of section 4511.19 of the Revised Code.	849

(d) In addition to any other sanctions imposed pursuant to	850
division (B)(2)(a), (b), or (c) of this section for aggravated	851
vehicular homicide committed in violation of division (A)(1) of	852
this section, the court shall impose upon the offender a class one	853
suspension of the offender's driver's license, commercial driver's	854
license, temporary instruction permit, probationary license, or	855
nonresident operating privilege as specified in division (A)(1) of	856
section 4510.02 of the Revised Code.	857

(3) Except as otherwise provided in this division, aggravated	858
vehicular homicide committed in violation of division (A)(2) of	859
this section is a felony of the third degree. Aggravated vehicular	860
homicide committed in violation of division (A)(2) of this section	861
is a felony of the second degree if, at the time of the offense,	862
the offender was driving under a suspension or cancellation	863
imposed under Chapter 4510. or any other provision of the Revised	864
Code or was operating a motor vehicle or motorcycle, did not have	865
a valid driver's license, commercial driver's license, temporary	866
instruction permit, probationary license, or nonresident	867
operating privilege, and was not eligible for renewal of the	868
offender's driver's license or commercial driver's license without	869
examination under section 4507.10 of the Revised Code or if the	870
offender previously has been convicted of or pleaded guilty to a	871
violation of this section or any traffic-related homicide,	872
manslaughter, or assault offense. The court shall impose a	873
mandatory prison term on the offender when required by division	874
(E) of this section.	875

In addition to any other sanctions imposed pursuant to this	876
division for a violation of division (A)(2) of this section, the	877
court shall impose upon the offender a class two suspension of the	878
offender's driver's license, commercial driver's license,	879
temporary instruction permit, probationary license, or nonresident	880
operating privilege from the range specified in division (A)(2) of	881
section 4510.02 of the Revised Code or, if the offender previously	882
has been convicted of or pleaded guilty to a traffic-related	883
murder, felonious assault, or attempted murder offense, a class	884
one suspension of the offender's driver's license, commercial	885
driver's license, temporary instruction permit, probationary	886
license, or nonresident operating privilege as specified in	887
division (A)(1) of that section.	888

(C) Whoever violates division (A)(3) of this section is	889
guilty of vehicular homicide. Except as otherwise provided in this	890
division, vehicular homicide is a misdemeanor of the first degree.	891
Vehicular homicide committed in violation of division (A)(3) of	892
this section is a felony of the fourth degree if, at the time of	893
the offense, the offender was driving under a suspension or	894
revocationcancellation imposed under Chapter 4507.4510. or any	895
other provision of the Revised Code or was operating a motor	896
vehicle or motorcycle, did not have a valid driver's license,	897
commercial driver's license, temporary instruction permit,	898
probationary license, or nonresident operating privilege, and was	899
not eligible for renewal of the offender's driver's license or	900
commercial driver's license without examination under section	901
4507.10 of the Revised Code or if the offender previously has been	902
convicted of or pleaded guilty to a violation of this section or	903
any traffic-related homicide, manslaughter, or assault offense.	904
The court shall impose a mandatory jail term or a mandatory	905
prison term on the offender when required by division (E) of this	906
section.	907

In addition to any other sanctions imposed pursuant to this	908
division, the court shall impose upon the offender a class four	909
suspension of the offender's driver's license, commercial driver's	910
license, temporary instruction permit, probationary license, or	911
nonresident operating privilege from the range specified in	912
division (A)(4) of section 4510.02 of the Revised Code, or, if the	913
offender previously has been convicted of or pleaded guilty to a	914
violation of this section or any traffic-related homicide,	915
manslaughter, or assault offense, a class three suspension of the	916
offender's driver's license, commercial driver's license,	917
temporary instruction permit, probationary license, or nonresident	918
operating privilege from the range specified in division (A)(3) of	919
that section, or, if the offender previously has been convicted of	920
or pleaded guilty to a traffic-related murder, felonious assault,	921
or attempted murder offense, a class two suspension of the	922
offender's driver's license, commercial driver's license,	923
temporary instruction permit, probationary license, or nonresident	924
operating privilege as specified in division (A)(2) of that	925
section.	926

(D) Whoever violates division (A)(4) of this section is	927
guilty of vehicular manslaughter. Except as otherwise provided in	928
this division, vehicular manslaughter is a misdemeanor of the	929
second degree. Vehicular manslaughter is a misdemeanor of the	930
first degree if, at the time of the offense, the offender was	931
driving under a suspension or cancellation imposed under Chapter	932
4510. or any other provision of the Revised Code or was operating	933
a motor vehicle or motorcycle, did not have a valid driver's	934
license, commercial driver's license, temporary instruction	935
permit, probationary license, or nonresident operating privilege,	936
and was not eligible for renewal of the offender's driver's	937
license or commercial driver's license without examination under	938
section 4507.10 of the Revised Code or if the offender previously	939
has been convicted of or pleaded guilty to a violation of this	940
section or any traffic-related homicide, manslaughter, or assault	941
offense.	942

In addition to any other sanctions imposed pursuant to this	943
division, the court shall impose upon the offender a class six	944
suspension of the offender's driver's license, commercial driver's	945
license, temporary instruction permit, probationary license, or	946
nonresident operating privilege from the range specified in	947
division (A)(6) of section 4510.02 of the Revised Code or, if the	948
offender previously has been convicted of or pleaded guilty to a	949
violation of this section, any traffic-related homicide,	950
manslaughter, or assault offense, or a traffic-related murder,	951
felonious assault, or attempted murder offense, a class four	952
suspension of the offender's driver's license, commercial driver's	953
license, temporary instruction permit, probationary license, or	954
nonresident operating privilege from the range specified in	955
division (A)(4) of that section.	956

(E) The court shall impose a mandatory prison term on an	957
offender who is convicted of or pleads guilty to a violation of	958
division (A)(1) of this section. If division (B)(2)(c)(i), (ii),	959
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies	960
to an offender who is convicted of or pleads guilty to the	961
violation of division (A)(1) of this section, the court shall	962
impose the mandatory prison term pursuant to section 2929.142 of	963
the Revised Code. The court shall impose a mandatory jail term of	964
at least fifteen days on an offender who is convicted of or pleads	965
guilty to a misdemeanor violation of division (A)(3)(b) of this	966
section and may impose upon the offender a longer jail term as	967
authorized pursuant to section 2929.24 of the Revised Code. The	968
court shall impose a mandatory prison term on an offender who is	969
convicted of or pleads guilty to a violation of division (A)(2) or	970
(3)(a) of this section or a felony violation of division (A)(3)(b)	971
of this section if either of the following applies:	972

(1) The offender previously has been convicted of or pleaded	973
guilty to a violation of this section or section 2903.08 of the	974
Revised Code.	975

(2) At the time of the offense, the offender was driving	976
under suspension or cancellation under Chapter 4510. or any other	977
provision of the Revised Code or was operating a motor vehicle or	978
motorcycle, did not have a valid driver's license, commercial	979
driver's license, temporary instruction permit, probationary	980
license, or nonresident operating privilege, and was not eligible	981
for renewal of the offender's driver's license or commercial	982
driver's license without examination under section 4507.10 of the	983
Revised Code.	984

(F) Divisions (A)(2)(b) and (3)(b) of this section do not	985
apply in a particular construction zone unless signs of the type	986
described in section 2903.081 of the Revised Code are erected in	987
that construction zone in accordance with the guidelines and	988
design specifications established by the director of	989
transportation under section 5501.27 of the Revised Code. The	990
failure to erect signs of the type described in section 2903.081	991
of the Revised Code in a particular construction zone in	992
accordance with those guidelines and design specifications does	993
not limit or affect the application of division (A)(1), (A)(2)(a),	994
(A)(3)(a), or (A)(4) of this section in that construction zone or	995
the prosecution of any person who violates any of those divisions	996
in that construction zone.	997

(G)(1) As used in this section:

998

(a) "Mandatory prison term" and "mandatory jail term" have	999
the same meanings as in section 2929.01 of the Revised Code.	1000

(b) "Traffic-related homicide, manslaughter, or assault	1001
offense" means a violation of section 2903.04 of the Revised Code	1002
in circumstances in which division (D) of that section applies, a	1003
violation of section 2903.06 or 2903.08 of the Revised Code, or a	1004
violation of section 2903.06, 2903.07, or 2903.08 of the Revised	1005
Code as they existed prior to March 23, 2000.	1006

(c) "Construction zone" has the same meaning as in section	1007
5501.27 of the Revised Code.	1008

(d) "Reckless operation offense" means a violation of	1009
section 4511.20 of the Revised Code or a municipal ordinance	1010
substantially equivalent to section 4511.20 of the Revised Code.	1011

(e) "Speeding offense" means a violation of section 4511.21	1012
of the Revised Code or a municipal ordinance pertaining to speed.	1013

(f) "Traffic-related murder, felonious assault, or attempted	1014
murder offense" means a violation of section 2903.01 or 2903.02 of	1015
the Revised Code in circumstances in which the offender used a	1016
motor vehicle as the means to commit the violation, a violation of	1017
division (A)(2) of section 2903.11 of the Revised Code in	1018
circumstances in which the deadly weapon used in the commission of	1019
the violation is a motor vehicle, or an attempt to commit	1020
aggravated murder or murder in violation of section 2923.02 of the	1021
Revised Code in circumstances in which the offender used a motor	1022
vehicle as the means to attempt to commit the aggravated murder or	1023
murder.	1024

(g) "Motor vehicle" has the same meaning as in section	1025
4501.01 of the Revised Code.	1026

(2) For the purposes of this section, when a penalty or	1027
suspension is enhanced because of a prior or current violation of	1028
a specified law or a prior or current specified offense, the	1029
reference to the violation of the specified law or the specified	1030
offense includes any violation of any substantially equivalent	1031
municipal ordinance, former law of this state, or current or	1032
former law of another state or the United States.	1033

Sec. 2949.094. (A) The court in which any person is	1034
convicted of or pleads guilty to any moving violation shall	1035
impose an additional court cost of ten dollars upon the offender.	1036
The court shall not waive the payment of the ten dollars unless	1037
the court determines that the offender is indigent and waives the	1038
payment of all court costs imposed upon the indigent offender.	1039

The clerk of the court shall transmit thirty-five per cent of	1040
all additional court costs collected pursuant to this division	1041
during a month on or before the twenty-third day of the	1042
following month to the division of criminal justice services,	1043
and the division of criminal justice services shall deposit the	1044
money so transmitted into the drug law enforcement fund created	1045
under section 5502.68 of the Revised Code. The clerk shall	1046
transmit fifteen per cent of all additional court costs so	1047
collected during a month on or before the twenty-third day of the	1048
following month to the state treasury to be credited to the	1049
county or municipal indigent drivers alcohol treatment fund under	1050
the control of that court, as created by the county or municipal	1051
corporation under division (H) of section 4511.191 of the Revised	1052
Code and to be distributed by the department of alcohol and drug	1053
addiction services as provided in division (H) of that section.	1054
The clerk shall transmit fifty per cent of all additional court	1055
costs so collected during a month on or before the twenty-third	1056
day of the following month to the state treasury to be credited	1057
to the indigent defense support fund created pursuant to section	1058
120.08 of the Revised Code.	1059

(B) The juvenile court in which a child is found to be a	1060
juvenile traffic offender for an act that is a moving violation	1061
shall impose an additional court cost of ten dollars upon the	1062
juvenile traffic offender. The juvenile court shall not waive the	1063
payment of the ten dollars unless the court determines that the	1064
juvenile is indigent and waives the payment of all court costs	1065
imposed upon the indigent offender.	1066

The clerk of the court shall transmit thirty-five per cent of	1067
all additional court costs collected pursuant to this division	1068
during a month on or before the twenty-third day of the	1069
following month to the division of criminal justice services,	1070
and the division of criminal justice services shall deposit the	1071
money so transmitted into the drug law enforcement fund created	1072
under section 5502.68 of the Revised Code. The clerk shall	1073
transmit fifteen per cent of all additional court costs so	1074
collected during a month on or before the twenty-third day of the	1075
following month to the state treasury to be credited to the	1076
county juvenile indigent drivers alcohol treatment fund under the	1077
control of that court, as created by the county under that	1078
division (H) of section 4511.191 of the Revised Code and to be	1079
distributed by the department of alcohol and drug addiction	1080
services as provided in division (H) of that section. The clerk	1081
shall transmit fifty per cent of all additional court costs so	1082
collected during a month on or before the twenty-third day of	1083
the following month to the state treasury to be credited to the	1084
indigent defense support fund created pursuant to section 120.08	1085
of the Revised Code.	1086

(C) Whenever a person is charged with any offense that is a	1087
moving violation and posts bail, the court shall add to the amount	1088
of the bail the ten dollars required to be paid by division (A)	1089
of this section. The clerk of the court shall retain the ten	1090
dollars until the person is convicted, pleads guilty, forfeits	1091
bail, is found not guilty, or has the charges dismissed. If the	1092
person is convicted, pleads guilty, or forfeits bail, the clerk	1093
shall transmit three dollars and fifty cents out of the ten	1094
dollars to the division of criminal justice services, and the	1095
division of criminal justice services shall deposit the money so	1096
transmitted into the drug law enforcement fund created under	1097
section 5502.68 of the Revised Code, the clerk shall transmit one	1098
dollar and fifty cents out of the ten dollars to the state	1099
treasury to be credited to thecounty, municipal, or county	1100
juvenile indigent drivers alcohol treatment fund under the	1101
control of that court, as created by the county or municipal	1102
corporation under division (H) of section 4511.191 of the Revised	1103
Code and to be distributed by the department of alcohol and drug	1104
addiction services as provided in division (H) of that section,	1105
and the clerk shall transmit five dollars out of the ten dollars	1106
to the state treasury to be credited to the indigent defense	1107
support fund created under section 120.08 of the Revised Code.	1108
If the person is found not guilty or the charges are	1109
dismissed, the clerk shall return the ten dollars to the	1110
person.	1111

(D) No person shall be placed or held in a detention facility	1112
for failing to pay the court cost or bail that is required to be	1113
paid by this section.	1114

(E) As used in this section:

1115

(1) "Bail" and "moving violation" have the same meanings as	1116
in section 2949.093 of the Revised Code.	1117

(2) "Detention facility" has the same meaning as in section	1118
2921.01 of the Revised Code.	1119

(3) "Division of criminal justice services" means the	1120
division of criminal justice services of the department of public	1121
safety, created by section 5502.62 of the Revised Code.	1122

Sec. 3719.41.  Controlled substance schedules I, II, III, IV,	1123
and V are hereby established, which schedules include the	1124
following, subject to amendment pursuant to section 3719.43 or	1125
3719.44 of the Revised Code.	1126

SCHEDULE I	1127

(A) Narcotics-opiates

1128

Any of the following opiates, including their isomers,	1129
esters, ethers, salts, and salts of isomers, esters, and ethers,	1130
unless specifically excepted under federal drug abuse control	1131
laws, whenever the existence of these isomers, esters, ethers, and	1132
salts is possible within the specific chemical designation:	1133

(1) Acetyl-alpha-methylfentanyl	1134
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	1135

(2) Acetylmethadol;

1136

(3) Allylprodine;

1137

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	1138
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	1139
LAAM);	1140

(5) Alphameprodine;

1141

(6) Alphamethadol;

1142

(7) Alpha-methylfentanyl	1143
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	1144
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	1145

(8) Alpha-methylthiofentanyl	1146
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	1147
phenylpropanamide);	1148

(9) Benzethidine;

1149

(10) Betacetylmethadol;

1150

(11) Beta-hydroxyfentanyl	1151
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	1152

(12) Beta-hydroxy-3-methylfentanyl (other name:	1153
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	1154
phenylpropanamide);	1155

(13) Betameprodine;

1156

(14) Betamethadol;

1157

(15) Betaprodine;

1158

(16) Clonitazene;

1159

(17) Dextromoramide;

1160

(18) Diampromide;

1161

(19) Diethylthiambutene;

1162

(20) Difenoxin;

1163

(21) Dimenoxadol;

1164

(22) Dimepheptanol;

1165

(23) Dimethylthiambutene;

1166

(24) Dioxaphetyl butyrate;

1167

(25) Dipipanone;

1168

(26) Ethylmethylthiambutene;

1169

(27) Etonitazene;

1170

(28) Etoxeridine;

1171

(29) Furethidine;

1172

(30) Hydroxypethidine;

1173

(31) Ketobemidone;

1174

(32) Levomoramide;

1175

(33) Levophenacylmorphan;

1176

(34) 3-methylfentanyl	1177
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-	1178
phenylpropanamide):;	1179

(35) 3-methylthiofentanyl	1180
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	1181
phenylpropanamide);	1182

(36) Morpheridine;

1183

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

1184

(38) Noracymethadol;

1185

(39) Norlevorphanol;

1186

(40) Normethadone;

1187

(41) Norpipanone;

1188

(42) Para-fluorofentanyl	1189
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	1190

(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

1191

(44) Phenadoxone;

1192

(45) Phenampromide;

1193

(46) Phenomorphan;

1194

(47) Phenoperidine;

1195

(48) Piritramide;

1196

(49) Proheptazine;

1197

(50) Properidine;

1198

(51) Propiram;

1199

(52) Racemoramide;

1200

(53) Thiofentanyl	1201
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	1202

(54) Tilidine;

1203

(55) Trimeperidine.

1204

(B) Narcotics-opium derivatives

1205

Any of the following opium derivatives, including their	1206
salts, isomers, and salts of isomers, unless specifically excepted	1207
under federal drug abuse control laws, whenever the existence of	1208
these salts, isomers, and salts of isomers is possible within the	1209
specific chemical designation:	1210

(1) Acetorphine;

1211

(2) Acetyldihydrocodeine;

1212

(3) Benzylmorphine;

1213

(4) Codeine methylbromide;

1214

(5) Codeine-n-oxide;

1215

(6) Cyprenorphine;

1216

(7) Desomorphine;

1217

(8) Dihydromorphine;

1218

(9) Drotebanol;

1219

(10) Etorphine (except hydrochloride salt);

1220

(11) Heroin;

1221

(12) Hydromorphinol;

1222

(13) Methyldesorphine;

1223

(14) Methyldihydromorphine;

1224

(15) Morphine methylbromide;

1225

(16) Morphine methylsulfonate;

1226

(17) Morphine-n-oxide;

1227

(18) Myrophine;

1228

(19) Nicocodeine;

1229

(20) Nicomorphine;

1230

(21) Normorphine;

1231

(22) Pholcodine;

1232

(23) Thebacon.

1233

(C) Hallucinogens

1234

Any material, compound, mixture, or preparation that contains	1235
any quantity of the following hallucinogenic substances, including	1236
their salts, isomers, and salts of isomers, unless specifically	1237
excepted under federal drug abuse control laws, whenever the	1238
existence of these salts, isomers, and salts of isomers is	1239
possible within the specific chemical designation. For the	1240
purposes of this division only, "isomer" includes the optical	1241
isomers, position isomers, and geometric isomers.	1242

(1) Alpha-ethyltryptamine (some trade or other names:	1243
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	1244
3-(2-aminobutyl) indole; alpha-ET; and AET);	1245

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	1246
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	1247
4-bromo-2,5-DMA);	1248

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	1249
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	1250
alpha-desmethyl DOB; 2C-B, Nexus);	1251

(4) 2,5-dimethoxyamphetamine (some trade or other names:	1252
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	1253

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	1254
names: DOET);	1255

(6) 4-methoxyamphetamine (some trade or other names:	1256
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	1257
PMA);	1258

(7) 5-methoxy-3,4-methylenedioxy-amphetamine;

1259

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	1260
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	1261
and "STP");	1262

(9) 3,4-methylenedioxy amphetamine;

1263

(10) 3,4-methylenedioxymethamphetamine (MDMA);

1264

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	1265
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	1266
MDA, MDE, MDEA);	1267

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	1268
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	1269
N-hydroxy MDA);	1270

(13) 3,4,5-trimethoxy amphetamine;

1271

(14) Bufotenine (some trade or other names:	1272
3-(beta-dimethylaminoethyl)-5-hydroxyindole:;	1273
3-(2-dimethylaminoethyl)-5-indolol:; N, N-dimethylserotonin;	1274
5-hydroxy-N, N-dimethyltryptamine; mappine);	1275

(15) Diethyltryptamine (some trade or other names: N,	1276
N-diethyltryptamine; DET);	1277

(16) Dimethyltryptamine (some trade or other names: DMT);

1278

(17) Ibogaine (some trade or other names:	1279
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	1280
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	1281

(18) Lysergic acid diethylamide;

1282

(19) Marihuana;

1283

(20) Mescaline;

1284

(21) Parahexyl (some trade or other names: 3-hexyl-1-	1285
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	1286
synhexyl);	1287

(22) Peyote (meaning all parts of the plant presently	1288
classified botanically as "Lophophora williamsii Lemaire," whether	1289
growing or not, the seeds of that plant, any extract from any part	1290
of that plant, and every compound, manufacture, salts, derivative,	1291
mixture, or preparation of that plant, its seeds, or its	1292
extracts);	1293

(23) N-ethyl-3-piperidyl benzilate;

1294

(24) N-methyl-3-piperidyl benzilate;

1295

(25) Psilocybin;

1296

(26) Psilocyn;

1297

(27) Tetrahydrocannabinols (synthetic equivalents of the	1298
substances contained in the plant, or in the resinous extractives	1299
of Cannabis, sp. and/or synthetic substances, derivatives, and	1300
their isomers with similar chemical structure and pharmacological	1301
activity such as the following: delta-1-cis or trans	1302
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	1303
trans tetrahydrocannabinol, and their optical isomers;	1304
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	1305
isomers. (Since nomenclature of these substances is not	1306
internationally standardized, compounds of these structures,	1307
regardless of numerical designation of atomic positions, are	1308
covered.));	1309

(28) Ethylamine analog of phencyclidine (some trade or other	1310
names: N-ethyl-1-phenylcyclohexylamine; (1-phenyl-cyclohexyl	1311
phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	1312
cyclohexamine; PCE);	1313

(29) Pyrrolidine analog of phencyclidine (some trade or other	1314
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	1315

(30) Thiophene analog of phencyclidine (some trade or other	1316
names: 1-t[1-(2-thienyl)-cyclohexylu]-piperidine; 2-thienyl	1317
analog of phencyclidine; TPCP; TCP);	1318

(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;

1319

(32) Hashish;

1320

(33) Salvia divinorum;

1321

(34) Salvinorin A.

1322

(D) Depressants

1323

Any material, compound, mixture, or preparation that contains	1324
any quantity of the following substances having a depressant	1325
effect on the central nervous system, including their salts,	1326
isomers, and salts of isomers, unless specifically excepted under	1327
federal drug abuse control laws, whenever the existence of these	1328
salts, isomers, and salts of isomers is possible within the	1329
specific chemical designation:	1330

(1) Mecloqualone;

1331

(2) Methaqualone.

1332

(E) Stimulants

1333

Unless specifically excepted or unless listed in another	1334
schedule, any material, compound, mixture, or preparation that	1335
contains any quantity of the following substances having a	1336
stimulant effect on the central nervous system, including their	1337
salts, isomers, and salts of isomers:	1338

(1) Aminorex (some other names: aminoxaphen;	1339
2-amino-5-phenyl-2-oxazoline; or	1340
4,5-dihydro-5-phenyl-2-oxazolamine);	1341

(2) Cathinone (some trade or other names:	1342
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	1343
2-aminopropiophenone, and norephedrone);	1344

(3) Fenethylline;

1345

(4) Methcathinone (some other names:	1346
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	1347
2-methylamino)-1-phenylpropan-1-one;	1348
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	1349
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	1350
UR1432), its salts, optical isomers, and salts of optical isomers;	1351

(5) (+/-)cis-4-methylaminorex	1352
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	1353

(6) N-ethylamphetamine;

1354

(7) N,N-dimethylamphetamine (also known as	1355
N,N-alpha-trimethyl-benzeneethanamine;	1356
N,N-alpha-trimethylphenethylamine).	1357

SCHEDULE II	1358

(A) Narcotics-opium and opium derivatives

1359

Unless specifically excepted under federal drug abuse control	1360
laws or unless listed in another schedule, any of the following	1361
substances whether produced directly or indirectly by extraction	1362
from substances of vegetable origin, independently by means of	1363
chemical synthesis, or by a combination of extraction and chemical	1364
synthesis:	1365

(1) Opium and opiate, and any salt, compound, derivative, or	1366
preparation of opium or opiate, excluding apomorphine,	1367
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	1368
naloxone, and naltrexone, and their respective salts, but	1369
including the following:	1370

(a) Raw opium;

1371

(b) Opium extracts;

1372

(c) Opium fluid extracts;

1373

(d) Powdered opium;

1374

(e) Granulated opium;

1375

(f) Tincture of opium;

1376

(g) Codeine;

1377

(h) Ethylmorphine;

1378

(i) Etorphine hydrochloride;

1379

(j) Hydrocodone;

1380

(k) Hydromorphone;

1381

(l) Metopon;

1382

(m) Morphine;

1383

(n) Oxycodone;

1384

(o) Oxymorphone;

1385

(p) Thebaine.

1386

(2) Any salt, compound, derivative, or preparation thereof	1387
that is chemically equivalent to or identical with any of the	1388
substances referred to in division (A)(1) of this schedule, except	1389
that these substances shall not include the isoquinoline alkaloids	1390
of opium;	1391

(3) Opium poppy and poppy straw;

1392

(4) Coca leaves and any salt, compound, derivative, or	1393
preparation of coca leaves (including cocaine and ecgonine, their	1394
salts, isomers, and derivatives, and salts of those isomers and	1395
derivatives), and any salt, compound, derivative, or preparation	1396
thereof that is chemically equivalent to or identical with any of	1397
these substances, except that the substances shall not include	1398
decocainized coca leaves or extraction of coca leaves, which	1399
extractions do not contain cocaine or ecgonine;	1400

(5) Concentrate of poppy straw (the crude extract of poppy	1401
straw in either liquid, solid, or powder form that contains the	1402
phenanthrene alkaloids of the opium poppy).	1403

(B) Narcotics-opiates

1404

Unless specifically excepted under federal drug abuse control	1405
laws or unless listed in another schedule, any of the following	1406
opiates, including their isomers, esters, ethers, salts, and salts	1407
of isomers, esters, and ethers, whenever the existence of these	1408
isomers, esters, ethers, and salts is possible within the specific	1409
chemical designation, but excluding dextrorphan and	1410
levopropoxyphene:	1411

(1) Alfentanil;

1412

(2) Alphaprodine;

1413

(3) Anileridine;

1414

(4) Bezitramide;

1415

(5) Bulk dextropropoxyphene (non-dosage forms);

1416

(6) Carfentanil;

1417

(7) Dihydrocodeine;

1418

(8) Diphenoxylate;

1419

(9) Fentanyl;

1420

(10) Isomethadone;

1421

(11) Levo-alphacetylmethadol (some other names:	1422
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	1423

(12) Levomethorphan;

1424

(13) Levorphanol;

1425

(14) Metazocine;

1426

(15) Methadone;

1427

(16) Methadone-intermediate,	1428
4-cyano-2-dimethylamino-4,4-diphenyl butane;	1429

(17) Moramide-intermediate,	1430
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	1431

(18) Pethidine (meperidine);

1432

(19) Pethidine-intermediate-A,	1433
4-cyano-1-methyl-4-phenylpiperidine;	1434

(20) Pethidine-intermediate-B,	1435
ethyl-4-phenylpiperidine-4-carboxylate;	1436

(21) Pethidine-intermediate-C,	1437
1-methyl-4-phenylpiperidine-4-carboxylic acid;	1438

(22) Phenazocine;

1439

(23) Piminodine;

1440

(24) Racemethorphan;

1441

(25) Racemorphan;

1442

(26) Remifentanil;

1443

(27) Sufentanil.

1444

(C) Stimulants

1445

Unless specifically excepted under federal drug abuse control	1446
laws or unless listed in another schedule, any material, compound,	1447
mixture, or preparation that contains any quantity of the	1448
following substances having a stimulant effect on the central	1449
nervous system:	1450

(1) Amphetamine, its salts, its optical isomers, and salts of	1451
its optical isomers;	1452

(2) Methamphetamine, its salts, its isomers, and salts of its	1453
isomers;	1454

(3) Methylphenidate;

1455

(4) Phenmetrazine and its salts.

1456

(D) Depressants

1457

Unless specifically excepted under federal drug abuse control	1458
laws or unless listed in another schedule, any material, compound,	1459
mixture, or preparation that contains any quantity of the	1460
following substances having a depressant effect on the central	1461
nervous system, including their salts, isomers, and salts of	1462
isomers, whenever the existence of these salts, isomers, and salts	1463
of isomers is possible within the specific chemical designation:	1464

(1) Amobarbital;

1465

(2) Gamma-hydroxy-butyrate;

1466

(3) Glutethimide;

1467

(4) Pentobarbital;

1468

(5) Phencyclidine (some trade or other names:	1469
1-(1-phenylcyclohexyl)piperidine; PCP);	1470

(6) Secobarbital;

1471

(7) 1-aminophenylcyclohexane and all N-mono-substituted	1472
and/or all N-N-disubstituted analogs including, but not limited	1473
to, the following:	1474

(a) 1-phenylcyclohexylamine;

1475

(b) (1-phenylcyclohexyl) methylamine;

1476

(c) (1-phenylcyclohexyl) dimethylamine;

1477

(d) (1-phenylcyclohexyl) methylethylamine;

1478

(e) (1-phenylcyclohexyl) isopropylamine;

1479

(f) 1-(1-phenylcyclohexyl) morpholine.

1480

(E) Hallucinogenic substances

1481

(1) Nabilone (another name for nabilone:	1482
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	1483
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).	1484

(F) Immediate precursors

1485

Unless specifically excepted under federal drug abuse control	1486
laws or unless listed in another schedule, any material, compound,	1487
mixture, or preparation that contains any quantity of the	1488
following substances:	1489

(1) Immediate precursor to amphetamine and methamphetamine:

1490

(a) Phenylacetone (some trade or other names:	1491
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	1492
ketone);	1493

(2) Immediate precursors to phencyclidine (PCP):

1494

(a) 1-phenylcyclohexylamine;

1495

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

1496

SCHEDULE III	1497

(A) Stimulants

1498

Unless specifically excepted under federal drug abuse control	1499
laws or unless listed in another schedule, any material, compound,	1500
mixture, or preparation that contains any quantity of the	1501
following substances having a stimulant effect on the central	1502
nervous system, including their salts, their optical isomers,	1503
position isomers, or geometric isomers, and salts of these	1504
isomers, whenever the existence of these salts, isomers, and salts	1505
of isomers is possible within the specific chemical designation:	1506

(1) All stimulant compounds, mixtures, and preparations	1507
included in schedule III pursuant to the federal drug abuse	1508
control laws and regulations adopted under those laws;	1509

(2) Benzphetamine;

1510

(3) Chlorphentermine;

1511

(4) Clortermine;

1512

(5) Phendimetrazine.

1513

(B) Depressants

1514

Unless specifically excepted under federal drug abuse control	1515
laws or unless listed in another schedule, any material, compound,	1516
mixture, or preparation that contains any quantity of the	1517
following substances having a depressant effect on the central	1518
nervous system:	1519

(1) Any compound, mixture, or preparation containing	1520
amobarbital, secobarbital, pentobarbital, or any salt of any of	1521
these drugs, and one or more other active medicinal ingredients	1522
that are not listed in any schedule;	1523

(2) Any suppository dosage form containing amobarbital,	1524
secobarbital, pentobarbital, or any salt of any of these drugs and	1525
approved by the food and drug administration for marketing only as	1526
a suppository;	1527

(3) Any substance that contains any quantity of a derivative	1528
of barbituric acid or any salt of a derivative of barbituric acid;	1529

(4) Chlorhexadol;

1530

(5) Ketamine, its salts, isomers, and salts of isomers (some	1531
other names for ketamine:	1532
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	1533

(6) Lysergic acid;

1534

(7) Lysergic acid amide;

1535

(8) Methyprylon;

1536

(9) Sulfondiethylmethane;

1537

(10) Sulfonethylmethane;

1538

(11) Sulfonmethane;

1539

(12) Tiletamine, zolazepam, or any salt of tiletamine or	1540
zolazepam (some trade or other names for a tiletamine-zolazepam	1541
combination product: Telazol); (some trade or other names for	1542
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	1543
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	1544
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	1545
flupyrazapon).	1546

(C) Narcotic antidotes

1547

(1) Nalorphine.

1548

(D) Narcotics-narcotic preparations

1549

Unless specifically excepted under federal drug abuse control	1550
laws or unless listed in another schedule, any material, compound,	1551
mixture, or preparation that contains any of the following	1552
narcotic drugs, or their salts calculated as the free anhydrous	1553
base or alkaloid, in limited quantities as set forth below:	1554

(1) Not more than 1.8 grams of codeine per 100 milliliters or	1555
not more than 90 milligrams per dosage unit, with an equal or	1556
greater quantity of an isoquinoline alkaloid of opium;	1557

(2) Not more than 1.8 grams of codeine per 100 milliliters or	1558
not more than 90 milligrams per dosage unit, with one or more	1559
active, nonnarcotic ingredients in recognized therapeutic amounts;	1560

(3) Not more than 300 milligrams of dihydrocodeinone per 100	1561
milliliters or not more than 15 milligrams per dosage unit, with a	1562
fourfold or greater quantity of an isoquinoline alkaloid of opium;	1563

(4) Not more than 300 milligrams of dihydrocodeinone per 100	1564
milliliters or not more than 15 milligrams per dosage unit, with	1565
one or more active, nonnarcotic ingredients in recognized	1566
therapeutic amounts;	1567

(5) Not more than 1.8 grams of dihydrocodeine per 100	1568
milliliters or not more than 90 milligrams per dosage unit, with	1569
one or more active, nonnarcotic ingredients in recognized	1570
therapeutic amounts;	1571

(6) Not more than 300 milligrams of ethylmorphine per 100	1572
milliliters or not more than 15 milligrams per dosage unit, with	1573
one or more active, nonnarcotic ingredients in recognized	1574
therapeutic amounts;	1575

(7) Not more than 500 milligrams of opium per 100 milliliters	1576
or per 100 grams or not more than 25 milligrams per dosage unit,	1577
with one or more active, nonnarcotic ingredients in recognized	1578
therapeutic amounts;	1579

(8) Not more than 50 milligrams of morphine per 100	1580
milliliters or per 100 grams, with one or more active, nonnarcotic	1581
ingredients in recognized therapeutic amounts.	1582

(E) Anabolic steroids

1583

Unless specifically excepted under federal drug abuse control	1584
laws or unless listed in another schedule, any material, compound,	1585
mixture, or preparation that contains any quantity of the	1586
following substances, including their salts, esters, isomers, and	1587
salts of esters and isomers, whenever the existence of these	1588
salts, esters, and isomers is possible within the specific	1589
chemical designation:	1590

(1) Anabolic steroids. Except as otherwise provided in	1591
division (E)(1) of schedule III, "anabolic steroids" means any	1592
drug or hormonal substance that is chemically and	1593
pharmacologically related to testosterone (other than estrogens,	1594
progestins, and corticosteroids) and that promotes muscle growth.	1595
"Anabolic steroids" does not include an anabolic steroid that is	1596
expressly intended for administration through implants to cattle	1597
or other nonhuman species and that has been approved by the United	1598
States secretary of health and human services for that	1599
administration, unless a person prescribes, dispenses, or	1600
distributes this type of anabolic steroid for human use. "Anabolic	1601
steroid" includes, but is not limited to, the following:	1602

(a) Boldenone;

1603

(b) Chlorotestosterone (4-chlortestosterone);

1604

(c) Clostebol;

1605

(d) Dehydrochlormethyltestosterone;

1606

(e) Dihydrotestosterone (4-dihydrotestosterone);

1607

(f) Drostanolone;

1608

(g) Ethylestrenol;

1609

(h) Fluoxymesterone;

1610

(i) Formebulone (formebolone);

1611

(j) Mesterolone;

1612

(k) Methandienone;

1613

(l) Methandranone;

1614

(m) Methandriol;

1615

(n) Methandrostenolone;

1616

(o) Methenolone;

1617

(p) Methyltestosterone;

1618

(q) Mibolerone;

1619

(r) Nandrolone;

1620

(s) Norethandrolone;

1621

(t) Oxandrolone;

1622

(u) Oxymesterone;

1623

(v) Oxymetholone;

1624

(w) Stanolone;

1625

(x) Stanozolol;

1626

(y) Testolactone;

1627

(z) Testosterone;

1628

(aa) Trenbolone;

1629

(bb) Any salt, ester, isomer, or salt of an ester or isomer	1630
of a drug or hormonal substance described or listed in division	1631
(E)(1) of schedule III if the salt, ester, or isomer promotes	1632
muscle growth.	1633

(F) Hallucinogenic substances

1634

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	1635
a soft gelatin capsule in a United States food and drug	1636
administration approved drug product (some other names for	1637
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	1638
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	1639
(-)-delta-9-(trans)-tetrahydrocannabinol).	1640

SCHEDULE IV	1641

(A) Narcotic drugs

1642

Unless specifically excepted by federal drug abuse control	1643
laws or unless listed in another schedule, any material, compound,	1644
mixture, or preparation that contains any of the following	1645
narcotic drugs, or their salts calculated as the free anhydrous	1646
base or alkaloid, in limited quantities as set forth below:	1647

(1) Not more than one milligram of difenoxin and not less	1648
than 25 micrograms of atropine sulfate per dosage unit;	1649

(2) Dextropropoxyphene	1650
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	1651
propionoxybutane)t[final dosage formsu].	1652

(B) Depressants

1653

Unless specifically excepted under federal drug abuse control	1654
laws or unless listed in another schedule, any material, compound,	1655
mixture, or preparation that contains any quantity of the	1656
following substances, including their salts, isomers, and salts of	1657
isomers, whenever the existence of these salts, isomers, and salts	1658
of isomers is possible within the specific chemical designation:	1659

(1) Alprazolam;

1660

(2) Barbital;

1661

(3) Bromazepam;

1662

(4) Camazepam;

1663

(5) Chloral betaine;

1664

(6) Chloral hydrate;

1665

(7) Chlordiazepoxide;

1666

(8) Clobazam;

1667

(9) Clonazepam;

1668

(10) Clorazepate;

1669

(11) Clotiazepam;

1670

(12) Cloxazolam;

1671

(13) Delorazepam;

1672

(14) Diazepam;

1673

(15) Estazolam;

1674

(16) Ethchlorvynol;

1675

(17) Ethinamate;

1676

(18) Ethyl loflazepate;

1677

(19) Fludiazepam;

1678

(20) Flunitrazepam;

1679

(21) Flurazepam;

1680

(22) Halazepam;

1681

(23) Haloxazolam;

1682

(24) Ketazolam;

1683

(25) Loprazolam;

1684

(26) Lorazepam;

1685

(27) Lormetazepam;

1686

(28) Mebutamate;

1687

(29) Medazepam;

1688

(30) Meprobamate;

1689

(31) Methohexital;

1690

(32) Methylphenobarbital (mephobarbital);

1691

(33) Midazolam;

1692

(34) Nimetazepam;

1693

(35) Nitrazepam;

1694

(36) Nordiazepam;

1695

(37) Oxazepam;

1696

(38) Oxazolam;

1697

(39) Paraldehyde;

1698

(40) Petrichloral;

1699

(41) Phenobarbital;

1700

(42) Pinazepam;

1701

(43) Prazepam;

1702

(44) Quazepam;

1703

(45) Temazepam;

1704

(46) Tetrazepam;

1705

(47) Triazolam;

1706

(48) Zaleplon;

1707

(49) Zolpidem.

1708

(C) Fenfluramine

1709

Any material, compound, mixture, or preparation that contains	1710
any quantity of the following substances, including their salts,	1711
their optical isomers, position isomers, or geometric isomers, and	1712
salts of these isomers, whenever the existence of these salts,	1713
isomers, and salts of isomers is possible within the specific	1714
chemical designation:	1715

(1) Fenfluramine.

1716

(D) Stimulants

1717

Unless specifically excepted under federal drug abuse control	1718
laws or unless listed in another schedule, any material, compound,	1719
mixture, or preparation that contains any quantity of the	1720
following substances having a stimulant effect on the central	1721
nervous system, including their salts, their optical isomers,	1722
position isomers, or geometric isomers, and salts of these	1723
isomers, whenever the existence of these salts, isomers, and salts	1724
of isomers is possible within the specific chemical designation:	1725

(1) Cathine ((+)-norpseudoephedrine);

1726

(2) Diethylpropion;

1727

(3) Fencamfamin;

1728

(4) Fenproporex;

1729

(5) Mazindol;

1730

(6) Mefenorex;

1731

(7) Modafinil;

1732

(8) Pemoline (including organometallic complexes and chelates	1733
thereof);	1734

(9) Phentermine;

1735

(10) Pipradrol;

1736

(11) Sibutramine;

1737

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].

1738

(E) Other substances

1739

Unless specifically excepted under federal drug abuse control	1740
laws or unless listed in another schedule, any material, compound,	1741
mixture, or preparation that contains any quantity of the	1742
following substances, including their salts:	1743

(1) Pentazocine;

1744

(2) Butorphanol (including its optical isomers).

1745

SCHEDULE V	1746

(A) Narcotic drugs

1747

Unless specifically excepted under federal drug abuse control	1748
laws or unless listed in another schedule, any material, compound,	1749
mixture, or preparation that contains any of the following	1750
narcotic drugs, and their salts, as set forth below:	1751

(1) Buprenorphine.

1752

(B) Narcotics-narcotic preparations

1753

Narcotic drugs containing non-narcotic active medicinal	1754
ingredients. Any compound, mixture, or preparation that contains	1755
any of the following narcotic drugs, or their salts calculated as	1756
the free anhydrous base or alkaloid, in limited quantities as set	1757
forth below, and that includes one or more nonnarcotic active	1758
medicinal ingredients in sufficient proportion to confer upon the	1759
compound, mixture, or preparation valuable medicinal qualities	1760
other than those possessed by narcotic drugs alone:	1761

(1) Not more than 200 milligrams of codeine per 100	1762
milliliters or per 100 grams;	1763

(2) Not more than 100 milligrams of dihydrocodeine per 100	1764
milliliters or per 100 grams;	1765

(3) Not more than 100 milligrams of ethylmorphine per 100	1766
milliliters or per 100 grams;	1767

(4) Not more than 2.5 milligrams of diphenoxylate and not	1768
less than 25 micrograms of atropine sulfate per dosage unit;	1769

(5) Not more than 100 milligrams of opium per 100 milliliters	1770
or per 100 grams;	1771

(6) Not more than 0.5 milligram of difenoxin and not less	1772
than 25 micrograms of atropine sulfate per dosage unit.	1773

(C) Stimulants

1774

Unless specifically exempted or excluded under federal drug	1775
abuse control laws or unless listed in another schedule, any	1776
material, compound, mixture, or preparation that contains any	1777
quantity of the following substances having a stimulant effect on	1778
the central nervous system, including their salts, isomers, and	1779
salts of isomers:	1780

(1) Ephedrine, except as provided in division (K) of section	1781
3719.44 of the Revised Code;	1782

(2) Pyrovalerone.

1783

Sec. 4503.235.  (A) If division (G) of section 4511.19 or	1784
division (B) of section 4511.193 of the Revised Code requires a	1785
court, as part of the sentence of an offender who is convicted of	1786
or pleads guilty to a violation of division (A) of section	1787
4511.19 of the Revised Code or as a sanction for an offender who	1788
is convicted of or pleaded guilty to a violation of a municipal	1789
OVI ordinance, to order the immobilization of a vehicle for a	1790
specified period of time, notwithstanding the requirement, the	1791
court in its discretion may determine not to order the	1792
immobilization of the vehicle if both of the following apply:	1793

(1) Prior to the issuance of the order of immobilization, a	1794
family or household member of the offender files a motion with	1795
the court identifying the vehicle and requesting that the	1796
immobilization order not be issued on the ground that the family	1797
or household member is completely dependent on the vehicle for	1798
the necessities of life and that the immobilization of the	1799
vehicle would be an undue hardship to the family or household	1800
member.	1801

(2) The court determines that the family or household member	1802
who files the motion is completely dependent on the vehicle for	1803
the necessities of life and that the immobilization of the	1804
vehicle would be an undue hardship to the family or household	1805
member.	1806

(B) If a court pursuant to division (A) of this section	1807
determines not to order the immobilization of a vehicle that	1808
otherwise would be required pursuant to division (G) of section	1809
4511.19 or division (B) of section 4511.193 of the Revised Code,	1810
the court shall issue an order that waives the immobilization that	1811
otherwise would be required pursuant to either of those divisions.	1812
The immobilization waiver order shall be in effect for the period	1813
of time for which the immobilization of the vehicle otherwise	1814
would have been required under division (G) of section 4511.19 or	1815
division (B) of section 4511.193 of the Revised Code if the	1816
immobilization waiver order had not been issued, subject to	1817
division (D) of this section. The immobilization waiver order	1818
shall specify the period of time for which it is in effect. The	1819
court shall provide a copy of an immobilization waiver order to	1820
the offender and to the family or household member of the	1821
offender who filed the motion requesting that the immobilization	1822
order not be issued and shall place a copy of the immobilization	1823
waiver order in the record in the case. The court shall impose an	1824
immobilization waiver fee in the amount of fifty dollars. The	1825
court shall determine whether the fee is to be paid by the	1826
offender or by the family or household member. The clerk of the	1827
court shall deposittransmit all of the fee infees collected	1828
during a month on or before the twenty-third day of the following	1829
month to the state treasury to the credit ofbe credited to the	1830
indigent drivers alcohol treatment fund, created under division	1831
(F) of section 4511.191 of the Revised Code.	1832

(C) If a court pursuant to division (B) of this section	1833
issues an immobilization waiver order, the order shall identify	1834
the family or household member who requested the order and the	1835
vehicle to which the order applies, shall identify the family or	1836
household members who are permitted to operate the vehicle, and	1837
shall identify the offender and specify that the offender is not	1838
permitted to operate the vehicle. The immobilization waiver order	1839
shall require that the family or household member display on the	1840
vehicle to which the order applies restricted license plates that	1841
are issued under section 4503.231 of the Revised Code for the	1842
entire period for which the immobilization of the vehicle	1843
otherwise would have been required under division (G) of section	1844
4511.19 or division (B) of section 4511.193 of the Revised Code	1845
if the immobilization waiver order had not been issued.	1846

(D) A family or household member who is permitted to operate	1847
a vehicle under an immobilization waiver order issued under this	1848
section shall not permit the offender to operate the vehicle. If	1849
a family or household member who is permitted to operate a	1850
vehicle under an immobilization waiver order issued under this	1851
section permits the offender to operate the vehicle, both of the	1852
following apply:	1853

(1) The court that issued the immobilization waiver order	1854
shall terminate that order and shall issue an immobilization order	1855
in accordance with section 4503.233 of the Revised Code that	1856
applies to the vehicle, and the immobilization order shall be in	1857
effect for the remaining period of time for which the	1858
immobilization of the vehicle otherwise would have been required	1859
under division (G) of section 4511.19 or division (B) of section	1860
4511.193 of the Revised Code if the immobilization waiver order	1861
had not been issued.	1862

(2) The conduct of the family or household member in	1863
permitting the offender to operate the vehicle is a violation of	1864
section 4511.203 of the Revised Code.	1865

(E) No offender shall operate a motor vehicle subject to an	1866
immobilization waiver order. Whoever violates this division is	1867
guilty of operating a motor vehicle in violation of an	1868
immobilization waiver, a misdemeanor of the first degree.	1869

(F) "Family or household member" has the same meaning as in	1870
section 2919.25 of the Revised Code, except that the person must	1871
be currently residing with the offender.	1872

Sec. 4506.03.  (A) Except as provided in divisions (B) and	1873
(C) of this section, the following shall apply:	1874

(1) No person shall drive a commercial motor vehicle on a	1875
highway in this state unless the person holds, and has in the	1876
person's possession, a valid commercial driver's license with	1877
proper endorsements for the motor vehicle being driven, issued by	1878
the registrar of motor vehicles, a valid examiner's commercial	1879
driving permit issued under section 4506.13 of the Revised Code, a	1880
valid restricted commercial driver's license and waiver for	1881
farm-related service industries issued under section 4506.24 of	1882
the Revised Code, or a valid commercial driver's license temporary	1883
instruction permit issued by the registrar and is accompanied by	1884
an authorized state driver's license examiner or tester or a	1885
person who has been issued and has in the person's immediate	1886
possession a current, valid commercial driver's license with	1887
proper endorsements for the motor vehicle being driven.	1888

(2) No person shall be issued a commercial driver's license	1889
until the person surrenders to the registrar of motor vehicles all	1890
valid licenses issued to the person by another jurisdiction	1891
recognized by this state. The registrar shall report the surrender	1892
of a license to the issuing authority, together with information	1893
that a license is now issued in this state. The registrar shall	1894
destroy any such license that is not returned to the issuing	1895
authority.	1896

(3) No person who has been a resident of this state for	1897
thirty days or longer shall drive a commercial motor vehicle under	1898
the authority of a commercial driver's license issued by another	1899
jurisdiction.	1900

(B) Nothing in division (A) of this section applies to any	1901
qualified person when engaged in the operation of any of the	1902
following:	1903

(1) A farm truck;

1904

(2) Fire equipment for a fire department, volunteer or	1905
nonvolunteer fire company, fire district, or joint fire district;	1906

(3) A public safety vehicle used to provide transportation or	1907
emergency medical service for ill or injured persons;	1908

(4) A recreational vehicle;

1909

(5) A commercial motor vehicle within the boundaries of an	1910
eligible unit of local government, if the person is employed by	1911
the eligible unit of local government and is operating the	1912
commercial motor vehicle for the purpose of removing snow or ice	1913
from a roadway by plowing, sanding, or salting, but only if either	1914
the employee who holds a commercial driver's license issued under	1915
this chapter and ordinarily operates a commercial motor vehicle	1916
for these purposes is unable to operate the vehicle, or the	1917
employing eligible unit of local government determines that a snow	1918
or ice emergency exists that requires additional assistance;	1919

(6) A vehicle operated for military purposes by any member or	1920
uniformed employee of the armed forces of the United States or	1921
their reserve components, including the Ohio national guard. This	1922
exception does not apply to United States reserve technicians.	1923

(7) A commercial motor vehicle that is operated for	1924
nonbusiness purposes. "Operated for nonbusiness purposes" means	1925
that the commercial motor vehicle is not used in commerce as	1926
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	1927
regulated by the public utilities commission pursuant to Chapter	1928
4919., 4921., or 4923. of the Revised Code.	1929

(8) A motor vehicle that is designed primarily for the	1930
transportation of goods and not persons, while that motor vehicle	1931
is being used for the occasional transportation of personal	1932
property by individuals not for compensation and not in the	1933
furtherance of a commercial enterprise;	1934

(9) A police SWAT team vehicle;

1935

(10) A police vehicle used to transport prisoners.

1936

(C) Nothing contained in division (B)(5) of this section	1937
shall be construed as preempting or superseding any law, rule, or	1938
regulation of this state concerning the safe operation of	1939
commercial motor vehicles.	1940

(D) Whoever violates this section is guilty of a misdemeanor	1941
of the first degree.	1942

Sec. 4510.13.  (A)(1) Divisions (A)(2) to (9) of this section	1943
apply to a judge or mayor regarding the suspension of, or the	1944
grant of limited driving privileges during a suspension of, an	1945
offender's driver's or commercial driver's license or permit or	1946
nonresident operating privilege imposed under division (G) or (H)	1947
of section 4511.19 of the Revised Code, under division (B) or (C)	1948
of section 4511.191 of the Revised Code, or under section 4510.07	1949
of the Revised Code for a conviction of a violation of a municipal	1950
OVI ordinance.	1951

(2) No judge or mayor shall suspend the following portions of	1952
the suspension of an offender's driver's or commercial driver's	1953
license or permit or nonresident operating privilege imposed under	1954
division (G) or (H) of section 4511.19 of the Revised Code or	1955
under section 4510.07 of the Revised Code for a conviction of a	1956
violation of a municipal OVI ordinance, provided that division	1957
(A)(2) of this section does not limit a court or mayor in	1958
crediting any period of suspension imposed pursuant to division	1959
(B) or (C) of section 4511.191 of the Revised Code against any	1960
time of judicial suspension imposed pursuant to section 4511.19 or	1961
4510.07 of the Revised Code, as described in divisions (B)(2) and	1962
(C)(2) of section 4511.191 of the Revised Code:	1963

(a) The first six months of a suspension imposed under	1964
division (G)(1)(a) of section 4511.19 of the Revised Code or of a	1965
comparable length suspension imposed under section 4510.07 of the	1966
Revised Code;	1967

(b) The first year of a suspension imposed under division	1968
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a	1969
comparable length suspension imposed under section 4510.07 of the	1970
Revised Code;	1971

(c) The first three years of a suspension imposed under	1972
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1973
or of a comparable length suspension imposed under section 4510.07	1974
of the Revised Code;	1975

(d) The first sixty days of a suspension imposed under	1976
division (H) of section 4511.19 of the Revised Code or of a	1977
comparable length suspension imposed under section 4510.07 of the	1978
Revised Code.	1979

(3) No judge or mayor shall grant limited driving privileges	1980
to an offender whose driver's or commercial driver's license or	1981
permit or nonresident operating privilege has been suspended under	1982
division (G) or (H) of section 4511.19 of the Revised Code, under	1983
division (C) of section 4511.191 of the Revised Code, or under	1984
section 4510.07 of the Revised Code for a municipal OVI conviction	1985
if the offender, within the preceding six years, has been	1986
convicted of or pleaded guilty to three or more violations of one	1987
or more of the Revised Code sections, municipal ordinances,	1988
statutes of the United States or another state, or municipal	1989
ordinances of a municipal corporation of another state that are	1990
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the	1991
Revised Code.	1992

Additionally, no judge or mayor shall grant limited driving	1993
privileges to an offender whose driver's or commercial driver's	1994
license or permit or nonresident operating privilege has been	1995
suspended under division (B) of section 4511.191 of the Revised	1996
Code if the offender, within the preceding six years, has refused	1997
three previous requests to consent to a chemical test of the	1998
person's whole blood, blood serum or plasma, breath, or urine to	1999
determine its alcohol content.	2000

(4) No judge or mayor shall grant limited driving privileges	2001
for employment as a driver of commercial motor vehicles to an	2002
offender whose driver's or commercial driver's license or permit	2003
or nonresident operating privilege has been suspended under	2004
division (G) or (H) of section 4511.19 of the Revised Code, under	2005
division (B) or (C) of section 4511.191 of the Revised Code, or	2006
under section 4510.07 of the Revised Code for a municipal OVI	2007
conviction if the offender is disqualified from operating a	2008
commercial motor vehicle, or whose license or permit has been	2009
suspended, under section 3123.58 or 4506.16 of the Revised Code.	2010

(5) No judge or mayor shall grant limited driving privileges	2011
to an offender whose driver's or commercial driver's license or	2012
permit or nonresident operating privilege has been suspended under	2013
division (G) or (H) of section 4511.19 of the Revised Code, under	2014
division (C) of section 4511.191 of the Revised Code, or under	2015
section 4510.07 of the Revised Code for a conviction of a	2016
violation of a municipal OVI ordinance during any of the following	2017
periods of time:	2018

(a) The first fifteen days of a suspension imposed under	2019
division (G)(1)(a) of section 4511.19 of the Revised Code or a	2020
comparable length suspension imposed under section 4510.07 of the	2021
Revised Code, or of a suspension imposed under division (C)(1)(a)	2022
of section 4511.191 of the Revised Code. On or after the sixteenth	2023
day of the suspension, the court may grant limited driving	2024
privileges, but the court may require that the offender shall not	2025
exercise the privileges unless the vehicles the offender operates	2026
are equipped with immobilizing or disabling devices that monitor	2027
the offender's alcohol consumption or any other type of	2028
immobilizing or disabling devices, except as provided in division	2029
(C) of section 4510.43 of the Revised Code.	2030

(b) The first forty-five days of a suspension imposed under	2031
division (C)(1)(b) of section 4511.191 of the Revised Code. On or	2032
after the thirty-firstforty-sixth day of suspension, the court	2033
may grant limited driving privileges, but the court may require	2034
that the offender shall not exercise the privileges unless the	2035
vehicles the offender operates are equipped with immobilizing or	2036
disabling devices that monitor the offender's alcohol consumption	2037
or any other type of immobilizing or disabling devices, except as	2038
provided in division (C) of section 4510.43 of the Revised Code.	2039

(c) The first sixty days of a suspension imposed under	2040
division (H) of section 4511.19 of the Revised Code or a	2041
comparable length suspension imposed under section 4510.07 of the	2042
Revised Code.	2043

(d) The first one hundred eighty days of a suspension imposed	2044
under division (C)(1)(c) of section 4511.191 of the Revised Code.	2045
On or after the first one hundred eighty dayseighty-first day of	2046
suspension, the court may grant limited driving privileges, and	2047
either of the following applies:	2048

(i) If the underlying arrest is alcohol-related, the court	2049
shall issue an order that, except as provided in division (C) of	2050
section 4510.43 of the Revised Code, for the remainder of the	2051
period of suspension the offender shall not exercise the	2052
privileges unless the vehicles the offender operates are	2053
equipped with a certified ignition interlock device.	2054

(ii) If the underlying arrest is drug-related, the court in	2055
its discretion may issue an order that, except as provided in	2056
division (C) of section 4510.43 of the Revised Code, for the	2057
remainder of the period of suspension the offender shall not	2058
exercise the privileges unless the vehicles the offender operates	2059
are equipped with a certified ignition interlock device.	2060

(e) The first forty-five days of a suspension imposed under	2061
division (G)(1)(b) of section 4511.19 of the Revised Code or a	2062
comparable length suspension imposed under section 4510.07 of the	2063
Revised Code. On or after the forty-sixth day of the suspension,	2064
the court may grant limited driving privileges, and either of the	2065
following applies:	2066

(i) If the underlying conviction is alcohol-related, the	2067
court shall issue an order that, except as provided in division	2068
(C) of section 4510.43 of the Revised Code, for the remainder of	2069
the period of suspension the offender shall not exercise the	2070
privileges unless the vehicles the offender operates are equipped	2071
with a certified ignition interlock device.	2072

(ii) If the underlying conviction is drug-related, the court	2073
in its discretion may issue an order that, except as provided in	2074
division (C) of section 4510.43 of the Revised Code, for the	2075
remainder of the period of suspension the offender shall not	2076
exercise the privileges unless the vehicles the offender operates	2077
are equipped with a certified ignition interlock device.	2078

(f) The first one hundred eighty days of a suspension imposed	2079
under division (G)(1)(c) of section 4511.19 of the Revised Code	2080
or a comparable length suspension imposed under section 4510.07	2081
of the Revised Code. On or after the one hundred eighty-first day	2082
of the suspension, the court may grant limited driving	2083
privileges, and either of the following applies:	2084

(i) If the underlying conviction is alcohol-related, the	2085
court shall issue an order that, except as provided in division	2086
(C) of section 4510.43 of the Revised Code, for the remainder	2087
of the period of suspension the offender shall not exercise the	2088
privileges unless the vehicles the offender operates are	2089
equipped with a certified ignition interlock device.	2090

(ii) If the underlying conviction is drug-related, the court	2091
in its discretion may issue an order that, except as provided in	2092
division (C) of section 4510.43 of the Revised Code, for the	2093
remainder of the period of suspension the offender shall not	2094
exercise the privileges unless the vehicles the offender operates	2095
are equipped with a certified ignition interlock device.	2096

(g) The first three years of a suspension imposed under	2097
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2098
or a comparable length suspension imposed under section 4510.07 of	2099
the Revised Code, or of a suspension imposed under division	2100
(C)(1)(d) of section 4511.191 of the Revised Code. On or after	2101
the first three years of suspension, the court may grant limited	2102
driving privileges, and either of the following applies:	2103

(i) If the underlying conviction is alcohol-related, the	2104
court shall issue an order that, except as provided in division	2105
(C) of section 4510.43 of the Revised Code, for the remainder of	2106
the period of suspension the offender shall not exercise the	2107
privileges unless the vehicles the offender operates are equipped	2108
with a certified ignition interlock device.	2109

(ii) If the underlying conviction is drug-related, the court	2110
in its discretion may issue an order that, except as provided in	2111
division (C) of section 4510.43 of the Revised Code, for the	2112
remainder of the period of suspension the offender shall not	2113
exercise the privileges unless the vehicles the offender operates	2114
are equipped with a certified ignition interlock device.	2115

(6) No judge or mayor shall grant limited driving privileges	2116
to an offender whose driver's or commercial driver's license or	2117
permit or nonresident operating privilege has been suspended under	2118
division (B) of section 4511.191 of the Revised Code during any of	2119
the following periods of time:	2120

(a) The first thirty days of suspension imposed under	2121
division (B)(1)(a) of section 4511.191 of the Revised Code;	2122

(b) The first ninety days of suspension imposed under	2123
division (B)(1)(b) of section 4511.191 of the Revised Code;	2124

(c) The first year of suspension imposed under division	2125
(B)(1)(c) of section 4511.191 of the Revised Code;	2126

(d) The first three years of suspension imposed under	2127
division (B)(1)(d) of section 4511.191 of the Revised Code.	2128

(7) In any case in which a judge or mayor grants limited	2129
driving privileges to an offender whose driver's or commercial	2130
driver's license or permit or nonresident operating privilege has	2131
been suspended under division (G)(1)(b), (c), (d), or (e) of	2132
section 4511.19 of the Revised Code, under division (G)(1)(a) of	2133
section 4511.19 of the Revised Code for a violation of division	2134
(A)(1)(f), (g), (h), or (i) of that section, or under section	2135
4510.07 of the Revised Code for a municipal OVI conviction for	2136
which sentence would have been imposed under division	2137
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of	2138
the Revised Code had the offender been charged with and convicted	2139
of a violation of section 4511.19 of the Revised Code instead of a	2140
violation of the municipal OVI ordinance, the judge or mayor shall	2141
impose as a condition of the privileges that the offender must	2142
display on the vehicle that is driven subject to the privileges	2143
restricted license plates that are issued under section 4503.231	2144
of the Revised Code, except as provided in division (B) of that	2145
section.	2146

(8) In any case in which the offender operates a motor	2147
vehicle that is not equipped with an ignition interlock device,	2148
circumvents the device, or tampers with the device or in any case	2149
in which the court receives notice pursuant to section 4510.46 of	2150
the Revised Code that a certified ignition interlock device	2151
required by an order issued under division (A)(5)(e), (f), or (g)	2152
of this section prevented an offender from starting a motor	2153
vehicle, the following applies:	2154

(a) If the offender was sentenced under division (G)(1)(b) of	2155
section 4511.19 of the Revised Code, on a first instance the court	2156
may require the offender to wear a monitor that provides	2157
continuous alcohol monitoring that is remote. On a second	2158
instance, the court shall require the offender to wear a monitor	2159
that provides continuous alcohol monitoring that is remote for a	2160
minimum of forty days. On a third instance or more, the court	2161
shall require the offender to wear a monitor that provides	2162
continuous alcohol monitoring that is remote for a minimum of	2163
sixty days.	2164

(b) If the offender was sentenced under division (G)(1)(c),	2165
(d), or (e) of section 4511.19 of the Revised Code, on a first	2166
instance the court shall require the offender to wear a monitor	2167
that provides continuous alcohol monitoring that is remote for a	2168
minimum of forty days. On a second instance or more, the court	2169
shall require the offender to wear a monitor that provides	2170
continuous alcohol monitoring that is remote for a minimum of	2171
sixty days.	2172

(9) In any case in which the court issues an order under	2173
this section prohibiting an offender from exercising limited	2174
driving privileges unless the vehicles the offender operates are	2175
equipped with an immobilizing or disabling device, including a	2176
certified ignition interlock device, or requires an offender to	2177
wear a monitor that provides continuous alcohol monitoring that is	2178
remote, the court shall impose an additional court cost of two	2179
dollars and fifty cents upon the offender. The court shall not	2180
waive the payment of the two dollars and fifty cents unless the	2181
court determines that the offender is indigent and waives the	2182
payment of all court costs imposed upon the indigent offender.	2183
The clerk of court shall retain one hundred per cent of this court	2184
cost. The clerk of court shall transmit one hundred per cent of	2185
this mandatory court cost collected during a month on the first	2186
businessor before the twenty-third day of the following month to	2187
the state treasury to be credited to the state highway safety	2188
fund created under section 4501.06 of the Revised Code, to be	2189
used by the department of public safety to cover costs	2190
associated with maintaining the habitual OVI/OMWI offender	2191
registry created under section 5502.10 of the Revised Code. In	2192
its discretion the court may impose an additional court cost of	2193
two dollars and fifty cents upon the offender. The clerk of court	2194
shall retain this discretionary two dollar and fifty cent court	2195
cost, if imposed, and shall deposit it in the court's special	2196
projects fund that is established under division (E)(1) of	2197
section 2303.201 or, division (B)(1) of section 1901.26, or	2198
division (B)(1) of section 1907.24 of the Revised Code.	2199

(10) In any case in which the court issues an order under	2200
this section prohibiting an offender from exercising limited	2201
driving privileges unless the vehicles the offender operates are	2202
equipped with an immobilizing or disabling device, including a	2203
certified ignition interlock device, the court shall notify the	2204
offender at the time the offender is granted limited driving	2205
privileges that, in accordance with section 4510.46 of the Revised	2206
Code, if the court receives notice that the device prevented the	2207
offender from starting the motor vehicle because the device was	2208
tampered with or circumvented or because the analysis of the	2209
deep-lung breath sample or other method employed by the device to	2210
measure the concentration by weight of alcohol in the offender's	2211
breath indicated the presence of alcohol in the offender's breath	2212
in a concentration sufficient to prevent the device from	2213
permitting the motor vehicle to be started, the court may increase	2214
the period of suspension of the offender's driver's or commercial	2215
driver's license or permit or nonresident operating privilege from	2216
that originally imposed by the court by a factor of two and may	2217
increase the period of time during which the offender will be	2218
prohibited from exercising any limited driving privileges granted	2219
to the offender unless the vehicles the offender operates are	2220
equipped with a certified ignition interlock device by a factor of	2221
two.	2222

(B) Any person whose driver's or commercial driver's license	2223
or permit or nonresident operating privilege has been suspended	2224
pursuant to section 4511.19 or 4511.191 of the Revised Code or	2225
under section 4510.07 of the Revised Code for a violation of a	2226
municipal OVI ordinance may file a petition for limited driving	2227
privileges during the suspension. The person shall file the	2228
petition in the court that has jurisdiction over the place of	2229
arrest. Subject to division (A) of this section, the court may	2230
grant the person limited driving privileges during the period	2231
during which the suspension otherwise would be imposed. However,	2232
the court shall not grant the privileges for employment as a	2233
driver of a commercial motor vehicle to any person who is	2234
disqualified from operating a commercial motor vehicle under	2235
section 4506.16 of the Revised Code or during any of the periods	2236
prescribed by division (A) of this section.	2237

(C)(1) After a driver's or commercial driver's license or	2238
permit or nonresident operating privilege has been suspended	2239
pursuant to section 2903.06, 2903.08, 2903.11, 2907.24, 2921.331,	2240
2923.02, 2929.02, 4511.19, 4511.251, 4549.02, 4549.021, or 5743.99	2241
of the Revised Code, any provision of Chapter 2925. of the Revised	2242
Code, or section 4510.07 of the Revised Code for a violation of a	2243
municipal OVI ordinance, the judge of the court or mayor of the	2244
mayor's court that suspended the license, permit, or privilege	2245
shall cause the offender to deliver to the court the license or	2246
permit. The judge, mayor, or clerk of the court or mayor's court	2247
shall forward to the registrar the license or permit together with	2248
notice of the action of the court.	2249

(2) A suspension of a commercial driver's license under any	2250
section or chapter identified in division (C)(1) of this section	2251
shall be concurrent with any period of suspension or	2252
disqualification under section 3123.58 or 4506.16 of the Revised	2253
Code. No person who is disqualified for life from holding a	2254
commercial driver's license under section 4506.16 of the Revised	2255
Code shall be issued a driver's license under this chapter during	2256
the period for which the commercial driver's license was suspended	2257
under this section, and no person whose commercial driver's	2258
license is suspended under any section or chapter identified in	2259
division (C)(1) of this section shall be issued a driver's license	2260
under Chapter 4507. of the Revised Code during the period of the	2261
suspension.	2262

(3) No judge or mayor shall suspend any class one suspension,	2263
or any portion of any class one suspension, imposed under section	2264
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No	2265
judge or mayor shall suspend the first thirty days of any class	2266
two, class three, class four, class five, or class six suspension	2267
imposed under section 2903.06, 2903.08, 2903.11, 2923.02, or	2268
2929.02 of the Revised Code.	2269

(D) The judge of the court or mayor of the mayor's court	2270
shall credit any time during which an offender was subject to an	2271
administrative suspension of the offender's driver's or commercial	2272
driver's license or permit or nonresident operating privilege	2273
imposed pursuant to section 4511.191 or 4511.192 of the Revised	2274
Code or a suspension imposed by a judge, referee, or mayor	2275
pursuant to division (B)(1) or (2) of section 4511.196 of the	2276
Revised Code against the time to be served under a related	2277
suspension imposed pursuant to any section or chapter identified	2278
in division (C)(1) of this section.	2279

(E) The judge or mayor shall notify the bureau of motor	2280
vehicles of any determinations made pursuant to this section and	2281
of any suspension imposed pursuant to any section or chapter	2282
identified in division (C)(1) of this section.	2283

(F)(1) If a court issues an immobilizing or disabling device	2284
order under section 4510.43 of the Revised Code, the order shall	2285
authorize the offender during the specified period to operate a	2286
motor vehicle only if it is equipped with an immobilizing or	2287
disabling device, except as provided in division (C) of that	2288
section. The court shall provide the offender with a copy of an	2289
immobilizing or disabling device order issued under section	2290
4510.43 of the Revised Code, and the offender shall use the copy	2291
of the order in lieu of an Ohio driver's or commercial driver's	2292
license or permit until the registrar or a deputy registrar issues	2293
the offender a restricted license.	2294

An order issued under section 4510.43 of the Revised Code	2295
does not authorize or permit the offender to whom it has been	2296
issued to operate a vehicle during any time that the offender's	2297
driver's or commercial driver's license or permit is suspended	2298
under any other provision of law.	2299

(2) An offender may present an immobilizing or disabling	2300
device order to the registrar or to a deputy registrar. Upon	2301
presentation of the order to the registrar or a deputy registrar,	2302
the registrar or deputy registrar shall issue the offender a	2303
restricted license. A restricted license issued under this	2304
division shall be identical to an Ohio driver's license, except	2305
that it shall have printed on its face a statement that the	2306
offender is prohibited during the period specified in the court	2307
order from operating any motor vehicle that is not equipped with	2308
an immobilizing or disabling device. The date of commencement and	2309
the date of termination of the period of suspension shall be	2310
indicated conspicuously upon the face of the license.	2311

Sec. 4511.19.  (A)(1) No person shall operate any vehicle,	2312
streetcar, or trackless trolley within this state, if, at the time	2313
of the operation, any of the following apply:	2314

(a) The person is under the influence of alcohol, a drug of	2315
abuse, or a combination of them.	2316

(b) The person has a concentration of eight-hundredths of one	2317
per cent or more but less than seventeen-hundredths of one per	2318
cent by weight per unit volume of alcohol in the person's whole	2319
blood.	2320

(c) The person has a concentration of ninety-six-thousandths	2321
of one per cent or more but less than two hundred four-thousandths	2322
of one per cent by weight per unit volume of alcohol in the	2323
person's blood serum or plasma.	2324

(d) The person has a concentration of eight-hundredths of one	2325
gram or more but less than seventeen-hundredths of one gram by	2326
weight of alcohol per two hundred ten liters of the person's	2327
breath.	2328

(e) The person has a concentration of eleven-hundredths of	2329
one gram or more but less than two hundred	2330
thirty-eight-thousandths of one gram by weight of alcohol per one	2331
hundred milliliters of the person's urine.	2332

(f) The person has a concentration of seventeen-hundredths of	2333
one per cent or more by weight per unit volume of alcohol in the	2334
person's whole blood.	2335

(g) The person has a concentration of two hundred	2336
four-thousandths of one per cent or more by weight per unit volume	2337
of alcohol in the person's blood serum or plasma.	2338

(h) The person has a concentration of seventeen-hundredths of	2339
one gram or more by weight of alcohol per two hundred ten liters	2340
of the person's breath.	2341

(i) The person has a concentration of two hundred	2342
thirty-eight-thousandths of one gram or more by weight of alcohol	2343
per one hundred milliliters of the person's urine.	2344

(j) Except as provided in division (K) of this section, the	2345
person has a concentration of any of the following controlled	2346
substances or metabolites of a controlled substance in the	2347
person's whole blood, blood serum or plasma, or urine that equals	2348
or exceeds any of the following:	2349

(i) The person has a concentration of amphetamine in the	2350
person's urine of at least five hundred nanograms of amphetamine	2351
per milliliter of the person's urine or has a concentration of	2352
amphetamine in the person's whole blood or blood serum or plasma	2353
of at least one hundred nanograms of amphetamine per milliliter of	2354
the person's whole blood or blood serum or plasma.	2355

(ii) The person has a concentration of cocaine in the	2356
person's urine of at least one hundred fifty nanograms of cocaine	2357
per milliliter of the person's urine or has a concentration of	2358
cocaine in the person's whole blood or blood serum or plasma of at	2359
least fifty nanograms of cocaine per milliliter of the person's	2360
whole blood or blood serum or plasma.	2361

(iii) The person has a concentration of cocaine metabolite in	2362
the person's urine of at least one hundred fifty nanograms of	2363
cocaine metabolite per milliliter of the person's urine or has a	2364
concentration of cocaine metabolite in the person's whole blood or	2365
blood serum or plasma of at least fifty nanograms of cocaine	2366
metabolite per milliliter of the person's whole blood or blood	2367
serum or plasma.	2368

(iv) The person has a concentration of heroin in the person's	2369
urine of at least two thousand nanograms of heroin per milliliter	2370
of the person's urine or has a concentration of heroin in the	2371
person's whole blood or blood serum or plasma of at least fifty	2372
nanograms of heroin per milliliter of the person's whole blood or	2373
blood serum or plasma.	2374

(v) The person has a concentration of heroin metabolite	2375
(6-monoacetyl morphine) in the person's urine of at least ten	2376
nanograms of heroin metabolite (6-monoacetyl morphine) per	2377
milliliter of the person's urine or has a concentration of heroin	2378
metabolite (6-monoacetyl morphine) in the person's whole blood or	2379
blood serum or plasma of at least ten nanograms of heroin	2380
metabolite (6-monoacetyl morphine) per milliliter of the person's	2381
whole blood or blood serum or plasma.	2382

(vi) The person has a concentration of L.S.D. in the person's	2383
urine of at least twenty-five nanograms of L.S.D. per milliliter	2384
of the person's urine or a concentration of L.S.D. in the person's	2385
whole blood or blood serum or plasma of at least ten nanograms of	2386
L.S.D. per milliliter of the person's whole blood or blood serum	2387
or plasma.	2388

(vii) The person has a concentration of marihuana in the	2389
person's urine of at least ten nanograms of marihuana per	2390
milliliter of the person's urine or has a concentration of	2391
marihuana in the person's whole blood or blood serum or plasma of	2392
at least two nanograms of marihuana per milliliter of the person's	2393
whole blood or blood serum or plasma.	2394

(viii) Either of the following applies:

2395

(I) The person is under the influence of alcohol, a drug of	2396
abuse, or a combination of them, and, as measured by gas	2397
chromatography mass spectrometry, the person has a concentration	2398
of marihuana metabolite in the person's urine of at least fifteen	2399
nanograms of marihuana metabolite per milliliter of the person's	2400
urine or has a concentration of marihuana metabolite in the	2401
person's whole blood or blood serum or plasma of at least five	2402
nanograms of marihuana metabolite per milliliter of the person's	2403
whole blood or blood serum or plasma.	2404

(II) As measured by gas chromatography mass spectrometry, the	2405
person has a concentration of marihuana metabolite in the person's	2406
urine of at least thirty-five nanograms of marihuana metabolite	2407
per milliliter of the person's urine or has a concentration of	2408
marihuana metabolite in the person's whole blood or blood serum or	2409
plasma of at least fifty nanograms of marihuana metabolite per	2410
milliliter of the person's whole blood or blood serum or plasma.	2411

(ix) The person has a concentration of methamphetamine in the	2412
person's urine of at least five hundred nanograms of	2413
methamphetamine per milliliter of the person's urine or has a	2414
concentration of methamphetamine in the person's whole blood or	2415
blood serum or plasma of at least one hundred nanograms of	2416
methamphetamine per milliliter of the person's whole blood or	2417
blood serum or plasma.	2418

(x) The person has a concentration of phencyclidine in the	2419
person's urine of at least twenty-five nanograms of phencyclidine	2420
per milliliter of the person's urine or has a concentration of	2421
phencyclidine in the person's whole blood or blood serum or plasma	2422
of at least ten nanograms of phencyclidine per milliliter of the	2423
person's whole blood or blood serum or plasma.	2424

(xi) The state board of pharmacy has adopted a rule pursuant	2425
to section 4729.041 of the Revised Code that specifies the amount	2426
of salvia divinorum and the amount of salvinorin A that constitute	2427
concentrations of salvia divinorum and salvinorin A in a person's	2428
urine, in a person's whole blood, or in a person's blood serum or	2429
plasma at or above which the person is impaired for purposes of	2430
operating any vehicle, streetcar, or trackless trolley within this	2431
state, the rule is in effect, and the person has a concentration	2432
of salvia divinorum or salvinorin A of at least that amount so	2433
specified by rule in the person's urine, in the person's whole	2434
blood, or in the person's blood serum or plasma.	2435

(2) No person who, within twenty years of the conduct	2436
described in division (A)(2)(a) of this section, previously has	2437
been convicted of or pleaded guilty to a violation of this	2438
division, a violation of division (A)(1) or (B) of this section,	2439
or any other equivalent offense shall do both of the following:	2440

(a) Operate any vehicle, streetcar, or trackless trolley	2441
within this state while under the influence of alcohol, a drug of	2442
abuse, or a combination of them;	2443

(b) Subsequent to being arrested for operating the vehicle,	2444
streetcar, or trackless trolley as described in division (A)(2)(a)	2445
of this section, being asked by a law enforcement officer to	2446
submit to a chemical test or tests under section 4511.191 of the	2447
Revised Code, and being advised by the officer in accordance with	2448
section 4511.192 of the Revised Code of the consequences of the	2449
person's refusal or submission to the test or tests, refuse to	2450
submit to the test or tests.	2451

(B) No person under twenty-one years of age shall operate any	2452
vehicle, streetcar, or trackless trolley within this state, if, at	2453
the time of the operation, any of the following apply:	2454

(1) The person has a concentration of at least two-hundredths	2455
of one per cent but less than eight-hundredths of one per cent by	2456
weight per unit volume of alcohol in the person's whole blood.	2457

(2) The person has a concentration of at least	2458
three-hundredths of one per cent but less than	2459
ninety-six-thousandths of one per cent by weight per unit volume	2460
of alcohol in the person's blood serum or plasma.	2461

(3) The person has a concentration of at least two-hundredths	2462
of one gram but less than eight-hundredths of one gram by weight	2463
of alcohol per two hundred ten liters of the person's breath.	2464

(4) The person has a concentration of at least twenty-eight	2465
one-thousandths of one gram but less than eleven-hundredths of one	2466
gram by weight of alcohol per one hundred milliliters of the	2467
person's urine.	2468

(C) In any proceeding arising out of one incident, a person	2469
may be charged with a violation of division (A)(1)(a) or (A)(2)	2470
and a violation of division (B)(1), (2), or (3) of this section,	2471
but the person may not be convicted of more than one violation of	2472
these divisions.	2473

(D)(1)(a) In any criminal prosecution or juvenile court	2474
proceeding for a violation of division (A)(1)(a) of this section	2475
or for an equivalent offense that is vehicle-related, the result	2476
of any test of any blood or urine withdrawn and analyzed at any	2477
health care provider, as defined in section 2317.02 of the	2478
Revised Code, may be admitted with expert testimony to be	2479
considered with any other relevant and competent evidence in	2480
determining the guilt or innocence of the defendant.	2481

(b) In any criminal prosecution or juvenile court proceeding	2482
for a violation of division (A) or (B) of this section or for an	2483
equivalent offense that is vehicle-related, the court may admit	2484
evidence on the concentration of alcohol, drugs of abuse,	2485
controlled substances, metabolites of a controlled substance, or	2486
a combination of them in the defendant's whole blood, blood serum	2487
or plasma, breath, urine, or other bodily substance at the time	2488
of the alleged violation as shown by chemical analysis of the	2489
substance withdrawn within three hours of the time of the alleged	2490
violation. The three-hour time limit specified in this division	2491
regarding the admission of evidence does not extend or affect the	2492
two-hour time limit specified in division (A) of section 4511.192	2493
of the Revised Code as the maximum period of time during which a	2494
person may consent to a chemical test or tests as described in	2495
that section. The court may admit evidence on the concentration	2496
of alcohol, drugs of abuse, or a combination of them as described	2497
in this division when a person submits to a blood, breath, urine,	2498
or other bodily substance test at the request of a law	2499
enforcement officer under section 4511.191 of the Revised Code or	2500
a blood or urine sample is obtained pursuant to a search warrant.	2501
Only a physician, a registered nurse, or a qualified technician,	2502
chemist, or phlebotomist shall withdraw a blood sample for the	2503
purpose of determining the alcohol, drug, controlled substance,	2504
metabolite of a controlled substance, or combination content of	2505
the whole blood, blood serum, or blood plasma. This limitation	2506
does not apply to the taking of breath or urine specimens. A	2507
person authorized to withdraw blood under this division may	2508
refuse to withdraw blood under this division, if in that person's	2509
opinion, the physical welfare of the person would be endangered	2510
by the withdrawing of blood.	2511

The bodily substance withdrawn under division (D)(1)(b) of	2512
this section shall be analyzed in accordance with methods approved	2513
by the director of health by an individual possessing a valid	2514
permit issued by the director pursuant to section 3701.143 of the	2515
Revised Code.	2516

(2) In a criminal prosecution or juvenile court proceeding	2517
for a violation of division (A) of this section or for an	2518
equivalent offense that is vehicle-related, if there was at the	2519
time the bodily substance was withdrawn a concentration of less	2520
than the applicable concentration of alcohol specified in	2521
divisions (A)(1)(b), (c), (d), and (e) of this section or less	2522
than the applicable concentration of a listed controlled	2523
substance or a listed metabolite of a controlled substance	2524
specified for a violation of division (A)(1)(j) of this section,	2525
that fact may be considered with other competent evidence in	2526
determining the guilt or innocence of the defendant. This division	2527
does not limit or affect a criminal prosecution or juvenile court	2528
proceeding for a violation of division (B) of this section or for	2529
an equivalent offense that is substantially equivalent to that	2530
division.	2531

(3) Upon the request of the person who was tested, the	2532
results of the chemical test shall be made available to the person	2533
or the person's attorney, immediately upon the completion of the	2534
chemical test analysis.	2535

If the chemical test was obtained pursuant to division	2536
(D)(1)(b) of this section, the person tested may have a physician,	2537
a registered nurse, or a qualified technician, chemist, or	2538
phlebotomist of the person's own choosing administer a chemical	2539
test or tests, at the person's expense, in addition to any	2540
administered at the request of a law enforcement officer. TheIf	2541
the person was under arrest as described in division (A)(5) of	2542
section 4511.191 of the Revised Code, the arresting officer shall	2543
advise the person at the time of the arrest that the person may	2544
have an independent chemical test taken at the person's own	2545
expense. If the person was under arrest other than described in	2546
division (A)(5) of section 4511.191 of the Revised Code, the form	2547
to be read to the person to be tested, as required under section	2548
4511.192 of the Revised Code, shall state that the person may have	2549
an independent test performed at the person's expense. The failure	2550
or inability to obtain an additional chemical test by a person	2551
shall not preclude the admission of evidence relating to the	2552
chemical test or tests taken at the request of a law enforcement	2553
officer.	2554

(4)(a) As used in divisions (D)(4)(b) and (c) of this	2555
section, "national highway traffic safety administration" means	2556
the national highway traffic safety administration established as	2557
an administration of the United States department of	2558
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	2559

(b) In any criminal prosecution or juvenile court proceeding	2560
for a violation of division (A) or (B) of this section, of a	2561
municipal ordinance relating to operating a vehicle while under	2562
the influence of alcohol, a drug of abuse, or alcohol and a drug	2563
of abuse, or of a municipal ordinance relating to operating a	2564
vehicle with a prohibited concentration of alcohol, a controlled	2565
substance, or a metabolite of a controlled substance in the whole	2566
blood, blood serum or plasma, breath, or urine, if a law	2567
enforcement officer has administered a field sobriety test to the	2568
operator of the vehicle involved in the violation and if it is	2569
shown by clear and convincing evidence that the officer	2570
administered the test in substantial compliance with the testing	2571
standards for any reliable, credible, and generally accepted field	2572
sobriety tests that were in effect at the time the tests were	2573
administered, including, but not limited to, any testing standards	2574
then in effect that were set by the national highway traffic	2575
safety administration, all of the following apply:	2576

(i) The officer may testify concerning the results of the	2577
field sobriety test so administered.	2578

(ii) The prosecution may introduce the results of the field	2579
sobriety test so administered as evidence in any proceedings in	2580
the criminal prosecution or juvenile court proceeding.	2581

(iii) If testimony is presented or evidence is introduced	2582
under division (D)(4)(b)(i) or (ii) of this section and if the	2583
testimony or evidence is admissible under the Rules of Evidence,	2584
the court shall admit the testimony or evidence and the trier of	2585
fact shall give it whatever weight the trier of fact considers to	2586
be appropriate.	2587

(c) Division (D)(4)(b) of this section does not limit or	2588
preclude a court, in its determination of whether the arrest of a	2589
person was supported by probable cause or its determination of any	2590
other matter in a criminal prosecution or juvenile court	2591
proceeding of a type described in that division, from considering	2592
evidence or testimony that is not otherwise disallowed by division	2593
(D)(4)(b) of this section.	2594

(E)(1) Subject to division (E)(3) of this section, in any	2595
criminal prosecution or juvenile court proceeding for a violation	2596
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	2597
or (B)(1), (2), (3), or (4) of this section or for an equivalent	2598
offense that is substantially equivalent to any of those	2599
divisions, a laboratory report from any laboratory personnel	2600
issued a permit by the department of health authorizing an	2601
analysis as described in this division that contains an analysis	2602
of the whole blood, blood serum or plasma, breath, urine, or other	2603
bodily substance tested and that contains all of the information	2604
specified in this division shall be admitted as prima-facie	2605
evidence of the information and statements that the report	2606
contains. The laboratory report shall contain all of the	2607
following:	2608

(a) The signature, under oath, of any person who performed	2609
the analysis;	2610

(b) Any findings as to the identity and quantity of alcohol,	2611
a drug of abuse, a controlled substance, a metabolite of a	2612
controlled substance, or a combination of them that was found;	2613

(c) A copy of a notarized statement by the laboratory	2614
director or a designee of the director that contains the name of	2615
each certified analyst or test performer involved with the report,	2616
the analyst's or test performer's employment relationship with the	2617
laboratory that issued the report, and a notation that performing	2618
an analysis of the type involved is part of the analyst's or test	2619
performer's regular duties;	2620

(d) An outline of the analyst's or test performer's	2621
education, training, and experience in performing the type of	2622
analysis involved and a certification that the laboratory	2623
satisfies appropriate quality control standards in general and, in	2624
this particular analysis, under rules of the department of health.	2625

(2) Notwithstanding any other provision of law regarding the	2626
admission of evidence, a report of the type described in division	2627
(E)(1) of this section is not admissible against the defendant to	2628
whom it pertains in any proceeding, other than a preliminary	2629
hearing or a grand jury proceeding, unless the prosecutor has	2630
served a copy of the report on the defendant's attorney or, if the	2631
defendant has no attorney, on the defendant.	2632

(3) A report of the type described in division (E)(1) of this	2633
section shall not be prima-facie evidence of the contents,	2634
identity, or amount of any substance if, within seven days after	2635
the defendant to whom the report pertains or the defendant's	2636
attorney receives a copy of the report, the defendant or the	2637
defendant's attorney demands the testimony of the person who	2638
signed the report. The judge in the case may extend the seven-day	2639
time limit in the interest of justice.	2640

(F) Except as otherwise provided in this division, any	2641
physician, registered nurse, or qualified technician, chemist, or	2642
phlebotomist who withdraws blood from a person pursuant to this	2643
section or section 4511.191 or 4511.192 of the Revised Code, and	2644
any hospital, first-aid station, or clinic at which blood is	2645
withdrawn from a person pursuant to this section or section	2646
4511.191 or 4511.192 of the Revised Code, is immune from criminal	2647
liability and civil liability based upon a claim of assault and	2648
battery or any other claim that is not a claim of malpractice, for	2649
any act performed in withdrawing blood from the person. The	2650
immunity provided in this division is not available to a person	2651
who withdraws blood if the person engages in willful or wanton	2652
misconduct.	2653

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	2654
to (i) or (A)(2) of this section is guilty of operating a vehicle	2655
under the influence of alcohol, a drug of abuse, or a combination	2656
of them. Whoever violates division (A)(1)(j) of this section is	2657
guilty of operating a vehicle while under the influence of a	2658
listed controlled substance or a listed metabolite of a controlled	2659
substance. The court shall sentence the offender for either	2660
offense under Chapter 2929. of the Revised Code, except as	2661
otherwise authorized or required by divisions (G)(1)(a) to (e) of	2662
this section:	2663

(a) Except as otherwise provided in division (G)(1)(b), (c),	2664
(d), or (e) of this section, the offender is guilty of a	2665
misdemeanor of the first degree, and the court shall sentence the	2666
offender to all of the following:	2667

(i) If the sentence is being imposed for a violation of	2668
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2669
mandatory jail term of three consecutive days. As used in this	2670
division, three consecutive days means seventy-two consecutive	2671
hours. The court may sentence an offender to both an intervention	2672
program and a jail term. The court may impose a jail term in	2673
addition to the three-day mandatory jail term or intervention	2674
program. However, in no case shall the cumulative jail term	2675
imposed for the offense exceed six months.	2676

The court may suspend the execution of the three-day jail	2677
term under this division if the court, in lieu of that suspended	2678
term, places the offender under a community control sanction	2679
pursuant to section 2929.25 of the Revised Code and requires the	2680
offender to attend, for three consecutive days, a drivers'	2681
intervention program certified under section 3793.10 of the	2682
Revised Code. The court also may suspend the execution of any	2683
part of the three-day jail term under this division if it places	2684
the offender under a community control sanction pursuant to	2685
section 2929.25 of the Revised Code for part of the three days,	2686
requires the offender to attend for the suspended part of the term	2687
a drivers' intervention program so certified, and sentences the	2688
offender to a jail term equal to the remainder of the three	2689
consecutive days that the offender does not spend attending the	2690
program. The court may require the offender, as a condition of	2691
community control and in addition to the required attendance at a	2692
drivers' intervention program, to attend and satisfactorily	2693
complete any treatment or education programs that comply with the	2694
minimum standards adopted pursuant to Chapter 3793. of the Revised	2695
Code by the director of alcohol and drug addiction services that	2696
the operators of the drivers' intervention program determine that	2697
the offender should attend and to report periodically to the court	2698
on the offender's progress in the programs. The court also may	2699
impose on the offender any other conditions of community control	2700
that it considers necessary.	2701

(ii) If the sentence is being imposed for a violation of	2702
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2703
section, except as otherwise provided in this division, a	2704
mandatory jail term of at least three consecutive days and a	2705
requirement that the offender attend, for three consecutive days,	2706
a drivers' intervention program that is certified pursuant to	2707
section 3793.10 of the Revised Code. As used in this division,	2708
three consecutive days means seventy-two consecutive hours. If the	2709
court determines that the offender is not conducive to treatment	2710
in a drivers' intervention program, if the offender refuses to	2711
attend a drivers' intervention program, or if the jail at which	2712
the offender is to serve the jail term imposed can provide a	2713
driver's intervention program, the court shall sentence the	2714
offender to a mandatory jail term of at least six consecutive	2715
days.	2716

The court may require the offender, under a community control	2717
sanction imposed under section 2929.25 of the Revised Code, to	2718
attend and satisfactorily complete any treatment or education	2719
programs that comply with the minimum standards adopted pursuant	2720
to Chapter 3793. of the Revised Code by the director of alcohol	2721
and drug addiction services, in addition to the required	2722
attendance at drivers' intervention program, that the operators of	2723
the drivers' intervention program determine that the offender	2724
should attend and to report periodically to the court on the	2725
offender's progress in the programs. The court also may impose any	2726
other conditions of community control on the offender that it	2727
considers necessary.	2728

(iii) In all cases, a fine of not less than three hundred	2729
seventy-five and not more than one thousand seventy-five	2730
dollars;	2731

(iv) In all cases, a class five license suspension of the	2732
offender's driver's or commercial driver's license or permit or	2733
nonresident operating privilege from the range specified in	2734
division (A)(5) of section 4510.02 of the Revised Code. The court	2735
may grant limited driving privileges relative to the suspension	2736
under sections 4510.021 and 4510.13 of the Revised Code.	2737

(b) Except as otherwise provided in division (G)(1)(e) of	2738
this section, an offender who, within six years of the offense,	2739
previously has been convicted of or pleaded guilty to one	2740
violation of division (A) or (B) of this section or one other	2741
equivalent offense is guilty of a misdemeanor of the first degree.	2742
The court shall sentence the offender to all of the following:	2743

(i) If the sentence is being imposed for a violation of	2744
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2745
mandatory jail term of ten consecutive days. The court shall	2746
impose the ten-day mandatory jail term under this division unless,	2747
subject to division (G)(3) of this section, it instead imposes a	2748
sentence under that division consisting of both a jail term and a	2749
term of house arrest with electronic monitoring, with continuous	2750
alcohol monitoring, or with both electronic monitoring and	2751
continuous alcohol monitoring. The court may impose a jail term in	2752
addition to the ten-day mandatory jail term. The cumulative jail	2753
term imposed for the offense shall not exceed six months.	2754

In addition to the jail term or the term of house arrest with	2755
electronic monitoring or continuous alcohol monitoring or both	2756
types of monitoring and jail term, the court shall require the	2757
offender to be assessed by an alcohol and drug treatment program	2758
that is authorized by section 3793.02 of the Revised Code,	2759
subject to division (I) of this section, and shall order the	2760
offender to follow the treatment recommendations of the program.	2761
The purpose of the assessment is to determine the degree of the	2762
offender's alcohol usage and to determine whether or not	2763
treatment is warranted. Upon the request of the court, the program	2764
shall submit the results of the assessment to the court,	2765
including all treatment recommendations and clinical diagnoses	2766
related to alcohol use.	2767

(ii) If the sentence is being imposed for a violation of	2768
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2769
section, except as otherwise provided in this division, a	2770
mandatory jail term of twenty consecutive days. The court shall	2771
impose the twenty-day mandatory jail term under this division	2772
unless, subject to division (G)(3) of this section, it instead	2773
imposes a sentence under that division consisting of both a jail	2774
term and a term of house arrest with electronic monitoring, with	2775
continuous alcohol monitoring, or with both electronic monitoring	2776
and continuous alcohol monitoring. The court may impose a jail	2777
term in addition to the twenty-day mandatory jail term. The	2778
cumulative jail term imposed for the offense shall not exceed six	2779
months.	2780

In addition to the jail term or the term of house arrest with	2781
electronic monitoring or continuous alcohol monitoring or both	2782
types of monitoring and jail term, the court shall require the	2783
offender to be assessed by an alcohol and drug treatment program	2784
that is authorized by section 3793.02 of the Revised Code,	2785
subject to division (I) of this section, and shall order the	2786
offender to follow the treatment recommendations of the program.	2787
The purpose of the assessment is to determine the degree of the	2788
offender's alcohol usage and to determine whether or not	2789
treatment is warranted. Upon the request of the court, the program	2790
shall submit the results of the assessment to the court,	2791
including all treatment recommendations and clinical diagnoses	2792
related to alcohol use.	2793

(iii) In all cases, notwithstanding the fines set forth in	2794
Chapter 2929. of the Revised Code, a fine of not less than five	2795
hundred twenty-five and not more than one thousand six hundred	2796
twenty-five dollars;	2797

(iv) In all cases, a class four license suspension of the	2798
offender's driver's license, commercial driver's license,	2799
temporary instruction permit, probationary license, or nonresident	2800
operating privilege from the range specified in division (A)(4) of	2801
section 4510.02 of the Revised Code. The court may grant limited	2802
driving privileges relative to the suspension under sections	2803
4510.021 and 4510.13 of the Revised Code.	2804

(v) In all cases, if the vehicle is registered in the	2805
offender's name, immobilization of the vehicle involved in the	2806
offense for ninety days in accordance with section 4503.233 of the	2807
Revised Code and impoundment of the license plates of that vehicle	2808
for ninety days.	2809

(c) Except as otherwise provided in division (G)(1)(e) of	2810
this section, an offender who, within six years of the offense,	2811
previously has been convicted of or pleaded guilty to two	2812
violations of division (A) or (B) of this section or other	2813
equivalent offenses is guilty of a misdemeanor. The court shall	2814
sentence the offender to all of the following:	2815

(i) If the sentence is being imposed for a violation of	2816
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2817
mandatory jail term of thirty consecutive days. The court shall	2818
impose the thirty-day mandatory jail term under this division	2819
unless, subject to division (G)(3) of this section, it instead	2820
imposes a sentence under that division consisting of both a jail	2821
term and a term of house arrest with electronic monitoring, with	2822
continuous alcohol monitoring, or with both electronic monitoring	2823
and continuous alcohol monitoring. The court may impose a jail	2824
term in addition to the thirty-day mandatory jail term.	2825
Notwithstanding the jail terms set forth in sections 2929.21 to	2826
2929.28 of the Revised Code, the additional jail term shall not	2827
exceed one year, and the cumulative jail term imposed for the	2828
offense shall not exceed one year.	2829

(ii) If the sentence is being imposed for a violation of	2830
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2831
section, a mandatory jail term of sixty consecutive days. The	2832
court shall impose the sixty-day mandatory jail term under this	2833
division unless, subject to division (G)(3) of this section, it	2834
instead imposes a sentence under that division consisting of both	2835
a jail term and a term of house arrest with electronic monitoring,	2836
with continuous alcohol monitoring, or with both electronic	2837
monitoring and continuous alcohol monitoring. The court may impose	2838
a jail term in addition to the sixty-day mandatory jail term.	2839
Notwithstanding the jail terms set forth in sections 2929.21 to	2840
2929.28 of the Revised Code, the additional jail term shall not	2841
exceed one year, and the cumulative jail term imposed for the	2842
offense shall not exceed one year.	2843

(iii) In all cases, notwithstanding the fines set forth in	2844
Chapter 2929. of the Revised Code, a fine of not less than eight	2845
hundred fifty and not more than two thousand seven hundred fifty	2846
dollars;	2847

(iv) In all cases, a class three license suspension of the	2848
offender's driver's license, commercial driver's license,	2849
temporary instruction permit, probationary license, or nonresident	2850
operating privilege from the range specified in division (A)(3) of	2851
section 4510.02 of the Revised Code. The court may grant limited	2852
driving privileges relative to the suspension under sections	2853
4510.021 and 4510.13 of the Revised Code.	2854

(v) In all cases, if the vehicle is registered in the	2855
offender's name, criminal forfeiture of the vehicle involved in	2856
the offense in accordance with section 4503.234 of the Revised	2857
Code. Division (G)(6) of this section applies regarding any	2858
vehicle that is subject to an order of criminal forfeiture under	2859
this division.	2860

(vi) In all cases, the court shall order the offender to	2861
participate in an alcohol and drug addiction program authorized	2862
by section 3793.02 of the Revised Code, subject to division (I)	2863
of this section, and shall order the offender to follow the	2864
treatment recommendations of the program. The operator of the	2865
program shall determine and assess the degree of the offender's	2866
alcohol dependency and shall make recommendations for treatment.	2867
Upon the request of the court, the program shall submit the	2868
results of the assessment to the court, including all treatment	2869
recommendations and clinical diagnoses related to alcohol use.	2870

(d) Except as otherwise provided in division (G)(1)(e) of	2871
this section, an offender who, within six years of the offense,	2872
previously has been convicted of or pleaded guilty to three or	2873
four violations of division (A) or (B) of this section or other	2874
equivalent offenses or an offender who, within twenty years of the	2875
offense, previously has been convicted of or pleaded guilty to	2876
five or more violations of that nature is guilty of a felony of	2877
the fourth degree. The court shall sentence the offender to all of	2878
the following:	2879

(i) If the sentence is being imposed for a violation of	2880
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2881
mandatory prison term of one, two, three, four, or five years as	2882
required by and in accordance with division (G)(2) of section	2883
2929.13 of the Revised Code if the offender also is convicted of	2884
or also pleads guilty to a specification of the type described in	2885
section 2941.1413 of the Revised Code or, in the discretion of the	2886
court, either a mandatory term of local incarceration of sixty	2887
consecutive days in accordance with division (G)(1) of section	2888
2929.13 of the Revised Code or a mandatory prison term of sixty	2889
consecutive days in accordance with division (G)(2) of that	2890
section if the offender is not convicted of and does not plead	2891
guilty to a specification of that type. If the court imposes a	2892
mandatory term of local incarceration, it may impose a jail term	2893
in addition to the sixty-day mandatory term, the cumulative total	2894
of the mandatory term and the jail term for the offense shall not	2895
exceed one year, and, except as provided in division (A)(1) of	2896
section 2929.13 of the Revised Code, no prison term is authorized	2897
for the offense. If the court imposes a mandatory prison term,	2898
notwithstanding division (A)(4) of section 2929.14 of the Revised	2899
Code, it also may sentence the offender to a definite prison term	2900
that shall be not less than six months and not more than thirty	2901
months and the prison terms shall be imposed as described in	2902
division (G)(2) of section 2929.13 of the Revised Code. If the	2903
court imposes a mandatory prison term or mandatory prison term and	2904
additional prison term, in addition to the term or terms so	2905
imposed, the court also may sentence the offender to a community	2906
control sanction for the offense, but the offender shall serve all	2907
of the prison terms so imposed prior to serving the community	2908
control sanction.	2909

(ii) If the sentence is being imposed for a violation of	2910
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2911
section, a mandatory prison term of one, two, three, four, or five	2912
years as required by and in accordance with division (G)(2) of	2913
section 2929.13 of the Revised Code if the offender also is	2914
convicted of or also pleads guilty to a specification of the type	2915
described in section 2941.1413 of the Revised Code or, in the	2916
discretion of the court, either a mandatory term of local	2917
incarceration of one hundred twenty consecutive days in accordance	2918
with division (G)(1) of section 2929.13 of the Revised Code or a	2919
mandatory prison term of one hundred twenty consecutive days in	2920
accordance with division (G)(2) of that section if the offender is	2921
not convicted of and does not plead guilty to a specification of	2922
that type. If the court imposes a mandatory term of local	2923
incarceration, it may impose a jail term in addition to the one	2924
hundred twenty-day mandatory term, the cumulative total of the	2925
mandatory term and the jail term for the offense shall not exceed	2926
one year, and, except as provided in division (A)(1) of section	2927
2929.13 of the Revised Code, no prison term is authorized for the	2928
offense. If the court imposes a mandatory prison term,	2929
notwithstanding division (A)(4) of section 2929.14 of the Revised	2930
Code, it also may sentence the offender to a definite prison term	2931
that shall be not less than six months and not more than thirty	2932
months and the prison terms shall be imposed as described in	2933
division (G)(2) of section 2929.13 of the Revised Code. If the	2934
court imposes a mandatory prison term or mandatory prison term and	2935
additional prison term, in addition to the term or terms so	2936
imposed, the court also may sentence the offender to a community	2937
control sanction for the offense, but the offender shall serve all	2938
of the prison terms so imposed prior to serving the community	2939
control sanction.	2940

(iii) In all cases, notwithstanding section 2929.18 of the	2941
Revised Code, a fine of not less than one thousand three hundred	2942
fifty nor more than ten thousand five hundred dollars;	2943

(iv) In all cases, a class two license suspension of the	2944
offender's driver's license, commercial driver's license,	2945
temporary instruction permit, probationary license, or nonresident	2946
operating privilege from the range specified in division (A)(2) of	2947
section 4510.02 of the Revised Code. The court may grant limited	2948
driving privileges relative to the suspension under sections	2949
4510.021 and 4510.13 of the Revised Code.	2950

(v) In all cases, if the vehicle is registered in the	2951
offender's name, criminal forfeiture of the vehicle involved in	2952
the offense in accordance with section 4503.234 of the Revised	2953
Code. Division (G)(6) of this section applies regarding any	2954
vehicle that is subject to an order of criminal forfeiture under	2955
this division.	2956

(vi) In all cases, the court shall order the offender to	2957
participate in an alcohol and drug addiction program authorized by	2958
section 3793.02 of the Revised Code, subject to division (I) of	2959
this section, and shall order the offender to follow the	2960
treatment recommendations of the program. The operator of the	2961
program shall determine and assess the degree of the offender's	2962
alcohol dependency and shall make recommendations for treatment.	2963
Upon the request of the court, the program shall submit the	2964
results of the assessment to the court, including all treatment	2965
recommendations and clinical diagnoses related to alcohol use.	2966

(vii) In all cases, if the court sentences the offender to a	2967
mandatory term of local incarceration, in addition to the	2968
mandatory term, the court, pursuant to section 2929.17 of the	2969
Revised Code, may impose a term of house arrest with electronic	2970
monitoring. The term shall not commence until after the offender	2971
has served the mandatory term of local incarceration.	2972

(e) An offender who previously has been convicted of or	2973
pleaded guilty to a violation of division (A) of this section that	2974
was a felony, regardless of when the violation and the conviction	2975
or guilty plea occurred, is guilty of a felony of the third	2976
degree. The court shall sentence the offender to all of the	2977
following:	2978

(i) If the offender is being sentenced for a violation of	2979
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2980
mandatory prison term of one, two, three, four, or five years as	2981
required by and in accordance with division (G)(2) of section	2982
2929.13 of the Revised Code if the offender also is convicted of	2983
or also pleads guilty to a specification of the type described in	2984
section 2941.1413 of the Revised Code or a mandatory prison term	2985
of sixty consecutive days in accordance with division (G)(2) of	2986
section 2929.13 of the Revised Code if the offender is not	2987
convicted of and does not plead guilty to a specification of that	2988
type. The court may impose a prison term in addition to the	2989
mandatory prison term. The cumulative total of a sixty-day	2990
mandatory prison term and the additional prison term for the	2991
offense shall not exceed five years. In addition to the mandatory	2992
prison term or mandatory prison term and additional prison term	2993
the court imposes, the court also may sentence the offender to a	2994
community control sanction for the offense, but the offender	2995
shall serve all of the prison terms so imposed prior to serving	2996
the community control sanction.	2997

(ii) If the sentence is being imposed for a violation of	2998
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2999
section, a mandatory prison term of one, two, three, four, or five	3000
years as required by and in accordance with division (G)(2) of	3001
section 2929.13 of the Revised Code if the offender also is	3002
convicted of or also pleads guilty to a specification of the type	3003
described in section 2941.1413 of the Revised Code or a mandatory	3004
prison term of one hundred twenty consecutive days in accordance	3005
with division (G)(2) of section 2929.13 of the Revised Code if the	3006
offender is not convicted of and does not plead guilty to a	3007
specification of that type. The court may impose a prison term in	3008
addition to the mandatory prison term. The cumulative total of a	3009
one hundred twenty-day mandatory prison term and the additional	3010
prison term for the offense shall not exceed five years. In	3011
addition to the mandatory prison term or mandatory prison term and	3012
additional prison term the court imposes, the court also may	3013
sentence the offender to a community control sanction for the	3014
offense, but the offender shall serve all of the prison terms so	3015
imposed prior to serving the community control sanction.	3016

(iii) In all cases, notwithstanding section 2929.18 of the	3017
Revised Code, a fine of not less than one thousand three hundred	3018
fifty nor more than ten thousand five hundred dollars;	3019

(iv) In all cases, a class two license suspension of the	3020
offender's driver's license, commercial driver's license,	3021
temporary instruction permit, probationary license, or nonresident	3022
operating privilege from the range specified in division (A)(2) of	3023
section 4510.02 of the Revised Code. The court may grant limited	3024
driving privileges relative to the suspension under sections	3025
4510.021 and 4510.13 of the Revised Code.	3026

(v) In all cases, if the vehicle is registered in the	3027
offender's name, criminal forfeiture of the vehicle involved in	3028
the offense in accordance with section 4503.234 of the Revised	3029
Code. Division (G)(6) of this section applies regarding any	3030
vehicle that is subject to an order of criminal forfeiture under	3031
this division.	3032

(vi) In all cases, the court shall order the offender to	3033
participate in an alcohol and drug addiction program authorized	3034
by section 3793.02 of the Revised Code, subject to division (I)	3035
of this section, and shall order the offender to follow the	3036
treatment recommendations of the program. The operator of the	3037
program shall determine and assess the degree of the offender's	3038
alcohol dependency and shall make recommendations for treatment.	3039
Upon the request of the court, the program shall submit the	3040
results of the assessment to the court, including all treatment	3041
recommendations and clinical diagnoses related to alcohol use.	3042

(2) An offender who is convicted of or pleads guilty to a	3043
violation of division (A) of this section and who subsequently	3044
seeks reinstatement of the driver's or occupational driver's	3045
license or permit or nonresident operating privilege suspended	3046
under this section as a result of the conviction or guilty plea	3047
shall pay a reinstatement fee as provided in division (F)(2) of	3048
section 4511.191 of the Revised Code.	3049

(3) If an offender is sentenced to a jail term under division	3050
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	3051
if, within sixty days of sentencing of the offender, the court	3052
issues a written finding on the record that, due to the	3053
unavailability of space at the jail where the offender is required	3054
to serve the term, the offender will not be able to begin serving	3055
that term within the sixty-day period following the date of	3056
sentencing, the court may impose an alternative sentence under	3057
this division that includes a term of house arrest with electronic	3058
monitoring, with continuous alcohol monitoring, or with both	3059
electronic monitoring and continuous alcohol monitoring.	3060

As an alternative to a mandatory jail term of ten consecutive	3061
days required by division (G)(1)(b)(i) of this section, the court,	3062
under this division, may sentence the offender to five consecutive	3063
days in jail and not less than eighteen consecutive days of house	3064
arrest with electronic monitoring, with continuous alcohol	3065
monitoring, or with both electronic monitoring and continuous	3066
alcohol monitoring. The cumulative total of the five consecutive	3067
days in jail and the period of house arrest with electronic	3068
monitoring, continuous alcohol monitoring, or both types of	3069
monitoring shall not exceed six months. The five consecutive days	3070
in jail do not have to be served prior to or consecutively to the	3071
period of house arrest.	3072

As an alternative to the mandatory jail term of twenty	3073
consecutive days required by division (G)(1)(b)(ii) of this	3074
section, the court, under this division, may sentence the offender	3075
to ten consecutive days in jail and not less than thirty-six	3076
consecutive days of house arrest with electronic monitoring, with	3077
continuous alcohol monitoring, or with both electronic monitoring	3078
and continuous alcohol monitoring. The cumulative total of the ten	3079
consecutive days in jail and the period of house arrest with	3080
electronic monitoring, continuous alcohol monitoring, or both	3081
types of monitoring shall not exceed six months. The ten	3082
consecutive days in jail do not have to be served prior to or	3083
consecutively to the period of house arrest.	3084

As an alternative to a mandatory jail term of thirty	3085
consecutive days required by division (G)(1)(c)(i) of this	3086
section, the court, under this division, may sentence the offender	3087
to fifteen consecutive days in jail and not less than fifty-five	3088
consecutive days of house arrest with electronic monitoring, with	3089
continuous alcohol monitoring, or with both electronic monitoring	3090
and continuous alcohol monitoring. The cumulative total of the	3091
fifteen consecutive days in jail and the period of house arrest	3092
with electronic monitoring, continuous alcohol monitoring, or both	3093
types of monitoring shall not exceed one year. The fifteen	3094
consecutive days in jail do not have to be served prior to or	3095
consecutively to the period of house arrest.	3096

As an alternative to the mandatory jail term of sixty	3097
consecutive days required by division (G)(1)(c)(ii) of this	3098
section, the court, under this division, may sentence the offender	3099
to thirty consecutive days in jail and not less than one hundred	3100
ten consecutive days of house arrest with electronic monitoring,	3101
with continuous alcohol monitoring, or with both electronic	3102
monitoring and continuous alcohol monitoring. The cumulative total	3103
of the thirty consecutive days in jail and the period of house	3104
arrest with electronic monitoring, continuous alcohol monitoring,	3105
or both types of monitoring shall not exceed one year. The thirty	3106
consecutive days in jail do not have to be served prior to or	3107
consecutively to the period of house arrest.	3108

(4) If an offender's driver's or occupational driver's	3109
license or permit or nonresident operating privilege is suspended	3110
under division (G) of this section and if section 4510.13 of the	3111
Revised Code permits the court to grant limited driving	3112
privileges, the court may grant the limited driving privileges in	3113
accordance with that section. If division (A)(7) of that section	3114
requires that the court impose as a condition of the privileges	3115
that the offender must display on the vehicle that is driven	3116
subject to the privileges restricted license plates that are	3117
issued under section 4503.231 of the Revised Code, except as	3118
provided in division (B) of that section, the court shall impose	3119
that condition as one of the conditions of the limited driving	3120
privileges granted to the offender, except as provided in division	3121
(B) of section 4503.231 of the Revised Code.	3122

(5) Fines imposed under this section for a violation of	3123
division (A) of this section shall be distributed as follows:	3124

(a) Twenty-five dollars of the fine imposed under division	3125
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	3126
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	3127
fine imposed under division (G)(1)(c)(iii), and two hundred ten	3128
dollars of the fine imposed under division (G)(1)(d)(iii) or	3129
(e)(iii) of this section shall be paid to an enforcement and	3130
education fund established by the legislative authority of the law	3131
enforcement agency in this state that primarily was responsible	3132
for the arrest of the offender, as determined by the court that	3133
imposes the fine. The agency shall use this share to pay only	3134
those costs it incurs in enforcing this section or a municipal OVI	3135
ordinance and in informing the public of the laws governing the	3136
operation of a vehicle while under the influence of alcohol, the	3137
dangers of the operation of a vehicle under the influence of	3138
alcohol, and other information relating to the operation of a	3139
vehicle under the influence of alcohol and the consumption of	3140
alcoholic beverages.	3141

(b) Fifty dollars of the fine imposed under division	3142
(G)(1)(a)(iii) of this section shall be paid to the political	3143
subdivision that pays the cost of housing the offender during the	3144
offender's term of incarceration. If the offender is being	3145
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	3146
(e), or (j) of this section and was confined as a result of the	3147
offense prior to being sentenced for the offense but is not	3148
sentenced to a term of incarceration, the fifty dollars shall be	3149
paid to the political subdivision that paid the cost of housing	3150
the offender during that period of confinement. The political	3151
subdivision shall use the share under this division to pay or	3152
reimburse incarceration or treatment costs it incurs in housing or	3153
providing drug and alcohol treatment to persons who violate this	3154
section or a municipal OVI ordinance, costs of any immobilizing or	3155
disabling device used on the offender's vehicle, and costs of	3156
electronic house arrest equipment needed for persons who violate	3157
this section.	3158

(c) Twenty-five dollars of the fine imposed under division	3159
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	3160
division (G)(1)(b)(iii) of this section shall be deposited into	3161
the county or municipal indigent drivers' alcohol treatment fund	3162
under the control of that court, as created by the county or	3163
municipal corporation under division (F) of section 4511.191 of	3164
the Revised Code.	3165

(d) One hundred fifteen dollars of the fine imposed under	3166
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	3167
fine imposed under division (G)(1)(c)(iii), and four hundred forty	3168
dollars of the fine imposed under division (G)(1)(d)(iii) or	3169
(e)(iii) of this section shall be paid to the political	3170
subdivision that pays the cost of housing the offender during the	3171
offender's term of incarceration. The political subdivision shall	3172
use this share to pay or reimburse incarceration or treatment	3173
costs it incurs in housing or providing drug and alcohol treatment	3174
to persons who violate this section or a municipal OVI ordinance,	3175
costs for any immobilizing or disabling device used on the	3176
offender's vehicle, and costs of electronic house arrest equipment	3177
needed for persons who violate this section.	3178

(e) Fifty dollars of the fine imposed under divisions	3179
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	3180
and (G)(1)(e)(iii) of this section shall be deposited into the	3181
special projects fund of the court in which the offender was	3182
convicted and that is established under division (E)(1) of	3183
section 2303.201 or, division (B)(1) of section 1901.26, or	3184
division (B)(1) of section 1907.24 of the Revised Code, to be	3185
used exclusively to cover the cost of immobilizing or disabling	3186
devices, including certified ignition interlock devices, and	3187
remote alcohol monitoring devices for indigent offenders who are	3188
required by a judge to use either of these devices. If the county	3189
or municipal corporationcourt in which the offender was	3190
convicted does not have a special projects fund that is	3191
established under division (E)(1) of section 2303.201 or,	3192
division (B)(1) of section 1901.26, or division (B)(1) of section	3193
1907.24 of the Revised Code, the fifty dollars shall be deposited	3194
into the indigent drivers interlock and alcohol monitoring fund	3195
under division (I) of section 4511.191 of the Revised Code.	3196

(f) Seventy-five dollars of the fine imposed under division	3197
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	3198
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	3199
of the fine imposed under division (G)(1)(c)(iii), and five	3200
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	3201
or (e)(iii) of this section shall be transmitted to the treasurer	3202
of state for deposit into the indigent defense support fund	3203
established under section 120.08 of the Revised Code.	3204

(g) The balance of the fine imposed under division	3205
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	3206
section shall be disbursed as otherwise provided by law.	3207

(6) If title to a motor vehicle that is subject to an order	3208
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	3209
this section is assigned or transferred and division (B)(2) or (3)	3210
of section 4503.234 of the Revised Code applies, in addition to or	3211
independent of any other penalty established by law, the court may	3212
fine the offender the value of the vehicle as determined by	3213
publications of the national auto dealers association. The	3214
proceeds of any fine so imposed shall be distributed in accordance	3215
with division (C)(2) of that section.	3216

(7) As used in division (G) of this section, "electronic	3217
monitoring," "mandatory prison term," and "mandatory term of local	3218
incarceration" have the same meanings as in section 2929.01 of the	3219
Revised Code.	3220

(H) Whoever violates division (B) of this section is guilty	3221
of operating a vehicle after underage alcohol consumption and	3222
shall be punished as follows:	3223

(1) Except as otherwise provided in division (H)(2) of this	3224
section, the offender is guilty of a misdemeanor of the fourth	3225
degree. In addition to any other sanction imposed for the offense,	3226
the court shall impose a class six suspension of the offender's	3227
driver's license, commercial driver's license, temporary	3228
instruction permit, probationary license, or nonresident operating	3229
privilege from the range specified in division (A)(6) of section	3230
4510.02 of the Revised Code.	3231

(2) If, within one year of the offense, the offender	3232
previously has been convicted of or pleaded guilty to one or more	3233
violations of division (A) or (B) of this section or other	3234
equivalent offenses, the offender is guilty of a misdemeanor of	3235
the third degree. In addition to any other sanction imposed for	3236
the offense, the court shall impose a class four suspension of the	3237
offender's driver's license, commercial driver's license,	3238
temporary instruction permit, probationary license, or nonresident	3239
operating privilege from the range specified in division (A)(4) of	3240
section 4510.02 of the Revised Code.	3241

(3) If the offender also is convicted of or also pleads	3242
guilty to a specification of the type described in section	3243
2941.1416 of the Revised Code and if the court imposes a jail term	3244
for the violation of division (B) of this section, the court shall	3245
impose upon the offender an additional definite jail term pursuant	3246
to division (E) of section 2929.24 of the Revised Code.	3247

(I)(1) No court shall sentence an offender to an alcohol	3248
treatment program under this section unless the treatment program	3249
complies with the minimum standards for alcohol treatment programs	3250
adopted under Chapter 3793. of the Revised Code by the director of	3251
alcohol and drug addiction services.	3252

(2) An offender who stays in a drivers' intervention program	3253
or in an alcohol treatment program under an order issued under	3254
this section shall pay the cost of the stay in the program.	3255
However, if the court determines that an offender who stays in an	3256
alcohol treatment program under an order issued under this section	3257
is unable to pay the cost of the stay in the program, the court	3258
may order that the cost be paid from the court's indigent drivers'	3259
alcohol treatment fund.	3260

(J) If a person whose driver's or commercial driver's license	3261
or permit or nonresident operating privilege is suspended under	3262
this section files an appeal regarding any aspect of the person's	3263
trial or sentence, the appeal itself does not stay the operation	3264
of the suspension.	3265

(K) Division (A)(1)(j) of this section does not apply to a	3266
person who operates a vehicle, streetcar, or trackless trolley	3267
while the person has a concentration of a listed controlled	3268
substance or a listed metabolite of a controlled substance in the	3269
person's whole blood, blood serum or plasma, or urine that equals	3270
or exceeds the amount specified in that division, if both of the	3271
following apply:	3272

(1) The person obtained the controlled substance pursuant to	3273
a prescription issued by a licensed health professional authorized	3274
to prescribe drugs.	3275

(2) The person injected, ingested, or inhaled the controlled	3276
substance in accordance with the health professional's directions.	3277

(L) The prohibited concentrations of a controlled substance	3278
or a metabolite of a controlled substance listed in division	3279
(A)(1)(j) of this section also apply in a prosecution of a	3280
violation of division (D) of section 2923.16 of the Revised Code	3281
in the same manner as if the offender is being prosecuted for a	3282
prohibited concentration of alcohol.	3283

(M) All terms defined in section 4510.01 of the Revised Code	3284
apply to this section. If the meaning of a term defined in section	3285
4510.01 of the Revised Code conflicts with the meaning of the same	3286
term as defined in section 4501.01 or 4511.01 of the Revised Code,	3287
the term as defined in section 4510.01 of the Revised Code applies	3288
to this section.	3289

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	3290
as adopted by the supreme court under authority of section 2937.46	3291
of the Revised Code, do not apply to felony violations of this	3292
section. Subject to division (N)(2) of this section, the Rules of	3293
Criminal Procedure apply to felony violations of this section.	3294

(2) If, on or after January 1, 2004, the supreme court	3295
modifies the Ohio Traffic Rules to provide procedures to govern	3296
felony violations of this section, the modified rules shall apply	3297
to felony violations of this section.	3298

Sec. 4511.191.  (A)(1) As used in this section:

3299

(a) "Physical control" has the same meaning as in section	3300
4511.194 of the Revised Code.	3301

(b) "Alcohol monitoring device" means any device that	3302
provides for continuous alcohol monitoring, any ignition interlock	3303
device, any immobilizing or disabling device other than an	3304
ignition interlock device that is constantly available to monitor	3305
the concentration of alcohol in a person's system, or any other	3306
device that provides for the automatic testing and periodic	3307
reporting of alcohol consumption by a person and that a court	3308
orders a person to use as a sanction imposed as a result of the	3309
person's conviction of or plea of guilty to an offense.	3310

(2) Any person who operates a vehicle, streetcar, or	3311
trackless trolley upon a highway or any public or private property	3312
used by the public for vehicular travel or parking within this	3313
state or who is in physical control of a vehicle, streetcar, or	3314
trackless trolley shall be deemed to have given consent to a	3315
chemical test or tests of the person's whole blood, blood serum or	3316
plasma, breath, or urine to determine the alcohol, drug of abuse,	3317
controlled substance, metabolite of a controlled substance, or	3318
combination content of the person's whole blood, blood serum or	3319
plasma, breath, or urine if arrested for a violation of division	3320
(A) or (B) of section 4511.19 of the Revised Code, section	3321
4511.194 of the Revised Code or a substantially equivalent	3322
municipal ordinance, or a municipal OVI ordinance.	3323

(3) The chemical test or tests under division (A)(2) of this	3324
section shall be administered at the request of a law enforcement	3325
officer having reasonable grounds to believe the person was	3326
operating or in physical control of a vehicle, streetcar, or	3327
trackless trolley in violation of a division, section, or	3328
ordinance identified in division (A)(2) of this section. The law	3329
enforcement agency by which the officer is employed shall	3330
designate which of the tests shall be administered.	3331

(4) Any person who is dead or unconscious, or who otherwise	3332
is in a condition rendering the person incapable of refusal, shall	3333
be deemed to have consented as provided in division (A)(2) of this	3334
section, and the test or tests may be administered, subject to	3335
sections 313.12 to 313.16 of the Revised Code.	3336

(5)(a) If a law enforcement officer arrests a person for a	3337
violation of division (A) or (B) of section 4511.19 of the Revised	3338
Code, section 4511.194 of the Revised Code or a substantially	3339
equivalent municipal ordinance, or a municipal OVI ordinance and	3340
if the person if convicted would be required to be sentenced under	3341
division (G)(1)(c), (d), or (e) of section 4511.19 of the	3342
Revised Code, the law enforcement officer shall request the	3343
person to submit, and the person shall submit, to a chemical	3344
test or tests of the person's whole blood, blood serum or	3345
plasma, breath, or urine for the purpose of determining the	3346
alcohol, drug of abuse, controlled substance, metabolite of a	3347
controlled substance, or combination content of the person's	3348
whole blood, blood serum or plasma, breath, or urine. A law	3349
enforcement officer who makes a request pursuant to this	3350
division that a person submit to a chemical test or tests is not	3351
required to advise the person of the consequences of submitting	3352
to, or refusing to submit to, the test or tests and is not	3353
required to give the person the form described in division (B) of	3354
section 4511.192 of the Revised Code, but the officer shall	3355
advise the person at the time of the arrest that if the person	3356
refuses to take a chemical test the officer may employ whatever	3357
reasonable means are necessary to ensure that the person submits	3358
to a chemical test of the person's whole blood or blood serum or	3359
plasma. The officer shall also advise the person at the time of	3360
the arrest that the person may have an independent chemical test	3361
taken at the person's own expense. Divisions (A)(3) and (4) of	3362
this section apply to the administration of a chemical test or	3363
tests pursuant to this division.	3364

(b) If a person refuses to submit to a chemical test upon a	3365
request made pursuant to division (A)(5)(a) of this section, the	3366
law enforcement officer who made the request may employ whatever	3367
reasonable means are necessary to ensure that the person submits	3368
to a chemical test of the person's whole blood or blood serum or	3369
plasma. A law enforcement officer who acts pursuant to this	3370
division to ensure that a person submits to a chemical test of the	3371
person's whole blood or blood serum or plasma is immune from	3372
criminal and civil liability based upon a claim for assault and	3373
battery or any other claim for the acts, unless the officer so	3374
acted with malicious purpose, in bad faith, or in a wanton or	3375
reckless manner.	3376

(B)(1) Upon receipt of the sworn report of a law enforcement	3377
officer who arrested a person for a violation of division (A) or	3378
(B) of section 4511.19 of the Revised Code, section 4511.194 of	3379
the Revised Code or a substantially equivalent municipal	3380
ordinance, or a municipal OVI ordinance that was completed and	3381
sent to the registrar and a court pursuant to section 4511.192 of	3382
the Revised Code in regard to a person who refused to take the	3383
designated chemical test, the registrar shall enter into the	3384
registrar's records the fact that the person's driver's or	3385
commercial driver's license or permit or nonresident operating	3386
privilege was suspended by the arresting officer under this	3387
division and that section and the period of the suspension, as	3388
determined under this section. The suspension shall be subject to	3389
appeal as provided in section 4511.197 of the Revised Code. The	3390
suspension shall be for whichever of the following periods	3391
applies:	3392

(a) Except when division (B)(1)(b), (c), or (d) of this	3393
section applies and specifies a different class or length of	3394
suspension, the suspension shall be a class C suspension for the	3395
period of time specified in division (B)(3) of section 4510.02 of	3396
the Revised Code.	3397

(b) If the arrested person, within six years of the date on	3398
which the person refused the request to consent to the chemical	3399
test, had refused one previous request to consent to a chemical	3400
test or had been convicted of or pleaded guilty to one violation	3401
of division (A) or (B) of section 4511.19 of the Revised Code or	3402
one other equivalent offense, the suspension shall be a class B	3403
suspension imposed for the period of time specified in division	3404
(B)(2) of section 4510.02 of the Revised Code.	3405

(c) If the arrested person, within six years of the date on	3406
which the person refused the request to consent to the chemical	3407
test, had refused two previous requests to consent to a chemical	3408
test, had been convicted of or pleaded guilty to two violations of	3409
division (A) or (B) of section 4511.19 of the Revised Code or	3410
other equivalent offenses, or had refused one previous request to	3411
consent to a chemical test and also had been convicted of or	3412
pleaded guilty to one violation of division (A) or (B) of section	3413
4511.19 of the Revised Code or other equivalent offenses, which	3414
violation or offense arose from an incident other than the	3415
incident that led to the refusal, the suspension shall be a class	3416
A suspension imposed for the period of time specified in division	3417
(B)(1) of section 4510.02 of the Revised Code.	3418

(d) If the arrested person, within six years of the date on	3419
which the person refused the request to consent to the chemical	3420
test, had refused three or more previous requests to consent to a	3421
chemical test, had been convicted of or pleaded guilty to three or	3422
more violations of division (A) or (B) of section 4511.19 of the	3423
Revised Code or other equivalent offenses, or had refused a number	3424
of previous requests to consent to a chemical test and also had	3425
been convicted of or pleaded guilty to a number of violations of	3426
division (A) or (B) of section 4511.19 of the Revised Code or	3427
other equivalent offenses that cumulatively total three or more	3428
such refusals, convictions, and guilty pleas, the suspension shall	3429
be for five years.	3430

(2) The registrar shall terminate a suspension of the	3431
driver's or commercial driver's license or permit of a resident or	3432
of the operating privilege of a nonresident, or a denial of a	3433
driver's or commercial driver's license or permit, imposed	3434
pursuant to division (B)(1) of this section upon receipt of notice	3435
that the person has entered a plea of guilty to, or that the	3436
person has been convicted after entering a plea of no contest to,	3437
operating a vehicle in violation of section 4511.19 of the Revised	3438
Code or in violation of a municipal OVI ordinance, if the offense	3439
for which the conviction is had or the plea is entered arose from	3440
the same incident that led to the suspension or denial.	3441

The registrar shall credit against any judicial suspension of	3442
a person's driver's or commercial driver's license or permit or	3443
nonresident operating privilege imposed pursuant to section	3444
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	3445
Revised Code for a violation of a municipal OVI ordinance, any	3446
time during which the person serves a related suspension imposed	3447
pursuant to division (B)(1) of this section.	3448

(C)(1) Upon receipt of the sworn report of the law	3449
enforcement officer who arrested a person for a violation of	3450
division (A) or (B) of section 4511.19 of the Revised Code or a	3451
municipal OVI ordinance that was completed and sent to the	3452
registrar and a court pursuant to section 4511.192 of the Revised	3453
Code in regard to a person whose test results indicate that the	3454
person's whole blood, blood serum or plasma, breath, or urine	3455
contained at least the concentration of alcohol specified in	3456
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	3457
Revised Code or at least the concentration of a listed controlled	3458
substance or a listed metabolite of a controlled substance	3459
specified in division (A)(1)(j) of section 4511.19 of the Revised	3460
Code, the registrar shall enter into the registrar's records the	3461
fact that the person's driver's or commercial driver's license or	3462
permit or nonresident operating privilege was suspended by the	3463
arresting officer under this division and section 4511.192 of the	3464
Revised Code and the period of the suspension, as determined under	3465
divisions (C)(1)(a) to (d) of this section. The suspension shall	3466
be subject to appeal as provided in section 4511.197 of the	3467
Revised Code. The suspension described in this division does not	3468
apply to, and shall not be imposed upon, a person arrested for a	3469
violation of section 4511.194 of the Revised Code or a	3470
substantially equivalent municipal ordinance who submits to a	3471
designated chemical test. The suspension shall be for whichever of	3472
the following periods applies:	3473

(a) Except when division (C)(1)(b), (c), or (d) of this	3474
section applies and specifies a different period, the suspension	3475
shall be a class E suspension imposed for the period of time	3476
specified in division (B)(5) of section 4510.02 of the Revised	3477
Code.	3478

(b) The suspension shall be a class C suspension for the	3479
period of time specified in division (B)(3) of section 4510.02 of	3480
the Revised Code if the person has been convicted of or pleaded	3481
guilty to, within six years of the date the test was conducted,	3482
one violation of division (A) or (B) of section 4511.19 of the	3483
Revised Code or one other equivalent offense.	3484

(c) If, within six years of the date the test was conducted,	3485
the person has been convicted of or pleaded guilty to two	3486
violations of a statute or ordinance described in division	3487
(C)(1)(b) of this section, the suspension shall be a class B	3488
suspension imposed for the period of time specified in division	3489
(B)(2) of section 4510.02 of the Revised Code.	3490

(d) If, within six years of the date the test was conducted,	3491
the person has been convicted of or pleaded guilty to more than	3492
two violations of a statute or ordinance described in division	3493
(C)(1)(b) of this section, the suspension shall be a class A	3494
suspension imposed for the period of time specified in division	3495
(B)(1) of section 4510.02 of the Revised Code.	3496

(2) The registrar shall terminate a suspension of the	3497
driver's or commercial driver's license or permit of a resident or	3498
of the operating privilege of a nonresident, or a denial of a	3499
driver's or commercial driver's license or permit, imposed	3500
pursuant to division (C)(1) of this section upon receipt of notice	3501
that the person has entered a plea of guilty to, or that the	3502
person has been convicted after entering a plea of no contest to,	3503
operating a vehicle in violation of section 4511.19 of the Revised	3504
Code or in violation of a municipal OVI ordinance, if the offense	3505
for which the conviction is had or the plea is entered arose from	3506
the same incident that led to the suspension or denial.	3507

The registrar shall credit against any judicial suspension of	3508
a person's driver's or commercial driver's license or permit or	3509
nonresident operating privilege imposed pursuant to section	3510
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	3511
Revised Code for a violation of a municipal OVI ordinance, any	3512
time during which the person serves a related suspension imposed	3513
pursuant to division (C)(1) of this section.	3514

(D)(1) A suspension of a person's driver's or commercial	3515
driver's license or permit or nonresident operating privilege	3516
under this section for the time described in division (B) or (C)	3517
of this section is effective immediately from the time at which	3518
the arresting officer serves the notice of suspension upon the	3519
arrested person. Any subsequent finding that the person is not	3520
guilty of the charge that resulted in the person being requested	3521
to take the chemical test or tests under division (A) of this	3522
section does not affect the suspension.	3523

(2) If a person is arrested for operating a vehicle,	3524
streetcar, or trackless trolley in violation of division (A) or	3525
(B) of section 4511.19 of the Revised Code or a municipal OVI	3526
ordinance, or for being in physical control of a vehicle,	3527
streetcar, or trackless trolley in violation of section 4511.194	3528
of the Revised Code or a substantially equivalent municipal	3529
ordinance, regardless of whether the person's driver's or	3530
commercial driver's license or permit or nonresident operating	3531
privilege is or is not suspended under division (B) or (C) of this	3532
section or Chapter 4510. of the Revised Code, the person's initial	3533
appearance on the charge resulting from the arrest shall be held	3534
within five days of the person's arrest or the issuance of the	3535
citation to the person, subject to any continuance granted by the	3536
court pursuant to section 4511.197 of the Revised Code regarding	3537
the issues specified in that division.	3538

(E) When it finally has been determined under the procedures	3539
of this section and sections 4511.192 to 4511.197 of the Revised	3540
Code that a nonresident's privilege to operate a vehicle within	3541
this state has been suspended, the registrar shall give	3542
information in writing of the action taken to the motor vehicle	3543
administrator of the state of the person's residence and of any	3544
state in which the person has a license.	3545

(F) At the end of a suspension period under this section,	3546
under section 4511.194, section 4511.196, or division (G) of	3547
section 4511.19 of the Revised Code, or under section 4510.07 of	3548
the Revised Code for a violation of a municipal OVI ordinance and	3549
upon the request of the person whose driver's or commercial	3550
driver's license or permit was suspended and who is not otherwise	3551
subject to suspension, cancellation, or disqualification, the	3552
registrar shall return the driver's or commercial driver's license	3553
or permit to the person upon the occurrence of all of the	3554
conditions specified in divisions (F)(1) and (2) of this section:	3555

(1) A showing that the person has proof of financial	3556
responsibility, a policy of liability insurance in effect that	3557
meets the minimum standards set forth in section 4509.51 of the	3558
Revised Code, or proof, to the satisfaction of the registrar, that	3559
the person is able to respond in damages in an amount at least	3560
equal to the minimum amounts specified in section 4509.51 of the	3561
Revised Code.	3562

(2) Subject to the limitation contained in division (F)(3) of	3563
this section, payment by the person to the bureau of motor	3564
vehicles of a license reinstatement fee of four hundred	3565
seventy-five dollars, which fee shall be deposited in the state	3566
treasury and credited as follows:	3567

(a) One hundred twelve dollars and fifty cents shall be	3568
credited to the statewide treatment and prevention fund created by	3569
section 4301.30 of the Revised Code. The fund shall be used to	3570
pay the costs of driver treatment and intervention programs	3571
operated pursuant to sections 3793.02 and 3793.10 of the Revised	3572
Code. The director of alcohol and drug addiction services shall	3573
determine the share of the fund that is to be allocated to alcohol	3574
and drug addiction programs authorized by section 3793.02 of the	3575
Revised Code, and the share of the fund that is to be allocated to	3576
drivers' intervention programs authorized by section 3793.10 of	3577
the Revised Code.	3578

(b) Seventy-five dollars shall be credited to the reparations	3579
fund created by section 2743.191 of the Revised Code.	3580

(c) Thirty-seven dollars and fifty cents shall be credited to	3581
the indigent drivers alcohol treatment fund, which is hereby	3582
established. Except as otherwise provided in division (F)(2)(c) of	3583
this section, moneys in the fund shall be distributed by the	3584
department of alcohol and drug addiction services to the county	3585
indigent drivers alcohol treatment funds, the county juvenile	3586
indigent drivers alcohol treatment funds, and the municipal	3587
indigent drivers alcohol treatment funds that are required to be	3588
established by counties and municipal corporations pursuant to	3589
this section, and shall be used only to pay the cost of an alcohol	3590
and drug addiction treatment program attended by an offender or	3591
juvenile traffic offender who is ordered to attend an alcohol and	3592
drug addiction treatment program by a county, juvenile, or	3593
municipal court judge and who is determined by the county,	3594
juvenile, or municipal court judge not to have the means to pay	3595
for the person's attendance at the program or to pay the costs	3596
specified in division (H)(4) of this section in accordance with	3597
that division. In addition, a county, juvenile, or municipal court	3598
judge may use moneys in the county indigent drivers alcohol	3599
treatment fund, county juvenile indigent drivers alcohol treatment	3600
fund, or municipal indigent drivers alcohol treatment fund to pay	3601
for the cost of the continued use of an alcohol monitoring device	3602
as described in divisions (H)(3) and (4) of this section. Moneys	3603
in the fund that are not distributed to a county indigent drivers	3604
alcohol treatment fund, a county juvenile indigent drivers alcohol	3605
treatment fund, or a municipal indigent drivers alcohol treatment	3606
fund under division (H) of this section because the director of	3607
alcohol and drug addiction services does not have the information	3608
necessary to identify the county or municipal corporation where	3609
the offender or juvenile offender was arrested may be transferred	3610
by the director of budget and management to the statewide	3611
treatment and prevention fund created by section 4301.30 of the	3612
Revised Code, upon certification of the amount by the director of	3613
alcohol and drug addiction services.	3614

(d) Seventy-five dollars shall be credited to the Ohio	3615
rehabilitation services commission established by section 3304.12	3616
of the Revised Code, to the services for rehabilitation fund,	3617
which is hereby established. The fund shall be used to match	3618
available federal matching funds where appropriate, and for any	3619
other purpose or program of the commission to rehabilitate people	3620
with disabilities to help them become employed and independent.	3621

(e) Seventy-five dollars shall be deposited into the state	3622
treasury and credited to the drug abuse resistance education	3623
programs fund, which is hereby established, to be used by the	3624
attorney general for the purposes specified in division (F)(4) of	3625
this section.	3626

(f) Thirty dollars shall be credited to the state bureau of	3627
motor vehicles fund created by section 4501.25 of the Revised	3628
Code.	3629

(g) Twenty dollars shall be credited to the trauma and	3630
emergency medical services grants fund created by section 4513.263	3631
of the Revised Code.	3632

(h) Fifty dollars shall be credited to the indigent drivers	3633
interlock and alcohol monitoring fund, which is hereby established	3634
in the state treasury. Monies in the fund shall be distributed by	3635
the department of public safety to the county indigent drivers	3636
interlock and alcohol monitoring funds, the county juvenile	3637
indigent drivers interlock and alcohol monitoring funds, and the	3638
municipal indigent drivers interlock and alcohol monitoring funds	3639
that are required to be established by counties and municipal	3640
corporations pursuant to this section, and shall be used only to	3641
pay the cost of an immobilizing or disabling device, including a	3642
certified ignition interlock device, or an alcohol monitoring	3643
device used by an offender or juvenile offender who is ordered to	3644
use the device by a county, juvenile, or municipal court judge and	3645
who is determined by the county, juvenile, or municipal court	3646
judge not to have the means to pay for the person's use of the	3647
device.	3648

(3) If a person's driver's or commercial driver's license or	3649
permit is suspended under this section, under section 4511.196 or	3650
division (G) of section 4511.19 of the Revised Code, under section	3651
4510.07 of the Revised Code for a violation of a municipal OVI	3652
ordinance or under any combination of the suspensions described in	3653
division (F)(3) of this section, and if the suspensions arise from	3654
a single incident or a single set of facts and circumstances, the	3655
person is liable for payment of, and shall be required to pay to	3656
the bureau, only one reinstatement fee of four hundred twenty-five	3657
dollars. The reinstatement fee shall be distributed by the bureau	3658
in accordance with division (F)(2) of this section.	3659

(4) The attorney general shall use amounts in the drug abuse	3660
resistance education programs fund to award grants to law	3661
enforcement agencies to establish and implement drug abuse	3662
resistance education programs in public schools. Grants awarded to	3663
a law enforcement agency under this section shall be used by the	3664
agency to pay for not more than fifty per cent of the amount of	3665
the salaries of law enforcement officers who conduct drug abuse	3666
resistance education programs in public schools. The attorney	3667
general shall not use more than six per cent of the amounts the	3668
attorney general's office receives under division (F)(2)(e) of	3669
this section to pay the costs it incurs in administering the grant	3670
program established by division (F)(2)(e) of this section and in	3671
providing training and materials relating to drug abuse resistance	3672
education programs.	3673

The attorney general shall report to the governor and the	3674
general assembly each fiscal year on the progress made in	3675
establishing and implementing drug abuse resistance education	3676
programs. These reports shall include an evaluation of the	3677
effectiveness of these programs.	3678

(G) Suspension of a commercial driver's license under	3679
division (B) or (C) of this section shall be concurrent with any	3680
period of disqualification under section 3123.611 or 4506.16 of	3681
the Revised Code or any period of suspension under section 3123.58	3682
of the Revised Code. No person who is disqualified for life from	3683
holding a commercial driver's license under section 4506.16 of the	3684
Revised Code shall be issued a driver's license under Chapter	3685
4507. of the Revised Code during the period for which the	3686
commercial driver's license was suspended under division (B) or	3687
(C) of this section. No person whose commercial driver's license	3688
is suspended under division (B) or (C) of this section shall be	3689
issued a driver's license under Chapter 4507. of the Revised Code	3690
during the period of the suspension.	3691

(H)(1) Each county shall establish an indigent drivers	3692
alcohol treatment fund, each county shall establish a juvenile	3693
indigent drivers alcohol treatment fund, and each municipal	3694
corporation in which there is a municipal court shall establish an	3695
indigent drivers alcohol treatment fund. All revenue that the	3696
general assembly appropriates to the indigent drivers alcohol	3697
treatment fund for transfer to a county indigent drivers alcohol	3698
treatment fund, a county juvenile indigent drivers alcohol	3699
treatment fund, or a municipal indigent drivers alcohol treatment	3700
fund, all portions of fees that are paid under division (F) of	3701
this section and that are credited under that division to the	3702
indigent drivers alcohol treatment fund in the state treasury for	3703
a county indigent drivers alcohol treatment fund, a county	3704
juvenile indigent drivers alcohol treatment fund, or a municipal	3705
indigent drivers alcohol treatment fund, all portions of	3706
additional costs imposed under section 2949.094 of the Revised	3707
Code that are specified for deposit into a county, county	3708
juvenile, or municipal indigent drivers alcohol treatment fund by	3709
that section, and all portions of fines that are specified for	3710
deposit into a county or municipal indigent drivers alcohol	3711
treatment fund by section 4511.193 of the Revised Code shall be	3712
deposited into that county indigent drivers alcohol treatment	3713
fund, county juvenile indigent drivers alcohol treatment fund, or	3714
municipal indigent drivers alcohol treatment fund. The portions of	3715
the fees paid under division (F) of this section that are to be so	3716
deposited shall be determined in accordance with division (H)(2)	3717
of this section. Additionally, all portions of fines that are	3718
paid for a violation of section 4511.19 of the Revised Code or	3719
of any prohibition contained in Chapter 4510. of the Revised	3720
Code, and that are required under section 4511.19 or any provision	3721
of Chapter 4510. of the Revised Code to be deposited into a	3722
county indigent drivers alcohol treatment fund or municipal	3723
indigent drivers alcohol treatment fund shall be deposited into	3724
the appropriate fund in accordance with the applicable division of	3725
the section or provision.	3726

(2) That portion of the license reinstatement fee that is	3727
paid under division (F) of this section and that is credited under	3728
that division to the indigent drivers alcohol treatment fund and	3729
that portion of the additional court cost that is imposed under	3730
section 2949.094 of the Revised Code and that is specified by that	3731
section for deposit into the indigent drivers alcohol treatment	3732
fund shall be deposited into a county indigent drivers alcohol	3733
treatment fund, a county juvenile indigent drivers alcohol	3734
treatment fund, or a municipal indigent drivers alcohol treatment	3735
fund as follows:	3736

(a) Regarding a suspension imposed under this section or	3737
additional court costs, that portion of the fee shall be deposited	3738
as follows:	3739

(i) If the fee or court cost is paid by a person who was	3740
charged in a county court with the violation that resulted in the	3741
suspension or in the imposition of the court costs, the portion	3742
shall be deposited into the county indigent drivers alcohol	3743
treatment fund under the control of that court;	3744

(ii) If the fee or court cost is paid by a person who was	3745
charged in a juvenile court with the violation that resulted in	3746
the suspension or in the imposition of the court costs, the	3747
portion shall be deposited into the county juvenile indigent	3748
drivers alcohol treatment fund established in the county served by	3749
the court;	3750

(iii) If the fee or court cost is paid by a person who was	3751
charged in a municipal court with the violation that resulted in	3752
the suspension or in the imposition of the court costs, the	3753
portion shall be deposited into the municipal indigent drivers	3754
alcohol treatment fund under the control of that court.	3755

(b) Regarding a suspension imposed under section 4511.19 of	3756
the Revised Code or under section 4510.07 of the Revised Code for	3757
a violation of a municipal OVI ordinance, that portion of the fee	3758
shall be deposited as follows:	3759

(i) If the fee is paid by a person whose license or permit	3760
was suspended by a county court, the portion shall be deposited	3761
into the county indigent drivers alcohol treatment fund under the	3762
control of that court;	3763

(ii) If the fee is paid by a person whose license or permit	3764
was suspended by a municipal court, the portion shall be deposited	3765
into the municipal indigent drivers alcohol treatment fund under	3766
the control of that court.	3767

(3) Expenditures from a county indigent drivers alcohol	3768
treatment fund, a county juvenile indigent drivers alcohol	3769
treatment fund, or a municipal indigent drivers alcohol treatment	3770
fund shall be made only upon the order of a county, juvenile, or	3771
municipal court judge and only for payment of the cost of an	3772
assessment or the cost of the attendance at an alcohol and drug	3773
addiction treatment program of a person who is convicted of, or	3774
found to be a juvenile traffic offender by reason of, a violation	3775
of division (A) of section 4511.19 of the Revised Code or a	3776
substantially similar municipal ordinance, who is ordered by the	3777
court to attend the alcohol and drug addiction treatment program,	3778
and who is determined by the court to be unable to pay the cost of	3779
the assessment or the cost of attendance at the treatment program	3780
or for payment of the costs specified in division (H)(4) of this	3781
section in accordance with that division. The alcohol and drug	3782
addiction services board or the board of alcohol, drug addiction,	3783
and mental health services established pursuant to section 340.02	3784
or 340.021 of the Revised Code and serving the alcohol, drug	3785
addiction, and mental health service district in which the court	3786
is located shall administer the indigent drivers alcohol treatment	3787
program of the court. When a court orders an offender or juvenile	3788
traffic offender to obtain an assessment or attend an alcohol and	3789
drug addiction treatment program, the board shall determine which	3790
program is suitable to meet the needs of the offender or juvenile	3791
traffic offender, and when a suitable program is located and space	3792
is available at the program, the offender or juvenile traffic	3793
offender shall attend the program designated by the board. A	3794
reasonable amount not to exceed five per cent of the amounts	3795
credited to and deposited into the county indigent drivers alcohol	3796
treatment fund, the county juvenile indigent drivers alcohol	3797
treatment fund, or the municipal indigent drivers alcohol	3798
treatment fund serving every court whose program is administered	3799
by that board shall be paid to the board to cover the costs it	3800
incurs in administering those indigent drivers alcohol treatment	3801
programs.	3802

In addition, upon exhaustion of moneys in the indigent	3803
drivers interlock and alcohol monitoring fund for the use of an	3804
alcohol monitoring device, a county, juvenile, or municipal court	3805
judge may use moneys in the county indigent drivers alcohol	3806
treatment fund, county juvenile indigent drivers alcohol	3807
treatment fund, or municipal indigent drivers alcohol treatment	3808
fund in the following manners:	3809

(a) If the source of the moneys was an appropriation of the	3810
general assembly, a portion of a fee that was paid under division	3811
(F) of this section, a portion of a fine that was specified for	3812
deposit into the fund by section 4511.193 of the Revised Code, or	3813
a portion of a fine that was paid for a violation of section	3814
4511.19 of the Revised Code or of a provision contained in Chapter	3815
4510. of the Revised Code that was required to be deposited into	3816
the fund, to pay for the continued use of an alcohol monitoring	3817
device by an offender or juvenile traffic offender, in	3818
conjunction with a treatment program approved by the department	3819
of alcohol and drug addiction services, when such use is	3820
determined clinically necessary by the treatment program and	3821
when the court determines that the offender or juvenile traffic	3822
offender is unable to pay all or part of the daily monitoring or	3823
cost of the device;	3824

(b) If the source of the moneys was a portion of an	3825
additional court cost imposed under section 2949.094 of the	3826
Revised Code, to pay for the continued use of an alcohol	3827
monitoring device by an offender or juvenile traffic offender	3828
when the court determines that the offender or juvenile traffic	3829
offender is unable to pay all or part of the daily monitoring or	3830
cost of the device. The moneys may be used for a device as	3831
described in this division if the use of the device is in	3832
conjunction with a treatment program approved by the department	3833
of alcohol and drug addiction services, when the use of the device	3834
is determined clinically necessary by the treatment program, but	3835
the use of a device is not required to be in conjunction with a	3836
treatment program approved by the department in order for the	3837
moneys to be used for the device as described in this division.	3838

(4) If a county, juvenile, or municipal court determines, in	3839
consultation with the alcohol and drug addiction services board or	3840
the board of alcohol, drug addiction, and mental health services	3841
established pursuant to section 340.02 or 340.021 of the Revised	3842
Code and serving the alcohol, drug addiction, and mental health	3843
district in which the court is located, that the funds in the	3844
county indigent drivers alcohol treatment fund, the county	3845
juvenile indigent drivers alcohol treatment fund, or the municipal	3846
indigent drivers alcohol treatment fund under the control of the	3847
court are more than sufficient to satisfy the purpose for which	3848
the fund was established, as specified in divisions (H)(1) to (3)	3849
of this section, the court may declare a surplus in the fund. If	3850
the court declares a surplus in the fund, the court may expend the	3851
amount of the surplus in the fund for:	3852

(a) Alcohol and drug abuse assessment and treatment of	3853
persons who are charged in the court with committing a criminal	3854
offense or with being a delinquent child or juvenile traffic	3855
offender and in relation to whom both of the following apply:	3856

(i) The court determines that substance abuse was a	3857
contributing factor leading to the criminal or delinquent activity	3858
or the juvenile traffic offense with which the person is charged.	3859

(ii) The court determines that the person is unable to pay	3860
the cost of the alcohol and drug abuse assessment and treatment	3861
for which the surplus money will be used.	3862

(b) All or part of the cost of purchasing alcohol monitoring	3863
devices to be used in conjunction with division (H)(3) of this	3864
section, upon exhaustion of moneys in the indigent drivers	3865
interlock and alcohol monitoring fund for the use of an alcohol	3866
monitoring device.	3867

(5) For the purpose of determining as described in division	3868
(F)(2)(c) of this section whether an offender does not have the	3869
means to pay for the offender's attendance at an alcohol and drug	3870
addiction treatment program or whether an alleged offender or	3871
delinquent child is unable to pay the costs specified in division	3872
(H)(4) of this section, the court shall use the indigent client	3873
eligibility guidelines and the standards of indigency established	3874
by the state public defender to make the determination.	3875

(6) The court shall identify and refer any alcohol and drug	3876
addiction program that is not certified under section 3793.06 of	3877
the Revised Code and that is interested in receiving amounts from	3878
the surplus in the fund declared under division (H)(4) of this	3879
section to the department of alcohol and drug addiction services	3880
in order for the program to become a certified alcohol and drug	3881
treatmentaddiction program. The department shall keep a record of	3882
applicant referrals received pursuant to this division and shall	3883
submit a report on the referrals each year to the general	3884
assembly. If a program interested in becoming certified makes an	3885
application to become certified pursuant to section 3793.06 of	3886
the Revised Code, the program is eligible to receive surplus	3887
funds as long as the application is pending with the department.	3888
The department of alcohol and drug addiction services must offer	3889
technical assistance to the applicant. If the interested program	3890
withdraws the certification application, the department must	3891
notify the court, and the court shall not provide the interested	3892
program with any further surplus funds.	3893

(I)(1) Each county shall establish an indigent drivers	3894
interlock and alcohol monitoring fund and a juvenile indigent	3895
drivers interlock and alcohol treatment fund, and each municipal	3896
corporation in which there is a municipal court shall establish an	3897
indigent drivers interlock and alcohol monitoring fund. All	3898
revenue that the general assembly appropriates to the indigent	3899
drivers interlock and alcohol monitoring fund for transfer to a	3900
county indigent drivers interlock and alcohol monitoring fund, a	3901
county juvenile indigent drivers interlock and alcohol monitoring	3902
fund, or a municipal indigent drivers interlock and alcohol	3903
monitoring fund, all portions of license reinstatement fees that	3904
are paid under division (F)(2) of this section and that are	3905
credited under that division to the indigent drivers interlock and	3906
alcohol monitoring fund in the state treasury, and all portions of	3907
fines that are paid under division (G) of section 4511.19 of the	3908
Revised Code and that are credited by division (G)(5)(e) of that	3909
section to the indigent drivers interlock and alcohol monitoring	3910
fund in the state treasury shall be deposited in the appropriate	3911
fund in accordance with division (I)(2) of this section.	3912

(2) That portion of the license reinstatement fee that is	3913
paid under division (F) of this section and that portion of the	3914
fine paid under division (G) of section 4511.19 of the Revised	3915
Code and that is credited under either division to the indigent	3916
drivers interlock and alcohol monitoring fund shall be deposited	3917
into a county indigent drivers interlock and alcohol monitoring	3918
fund, a county juvenile indigent drivers interlock and alcohol	3919
monitoring fund, or a municipal indigent drivers interlock and	3920
alcohol monitoring fund as follows:	3921

(a) If the fee or fine is paid by a person who was charged in	3922
a county court with the violation that resulted in the suspension	3923
or fine, the portion shall be deposited into the county indigent	3924
drivers interlock and alcohol monitoring fund under the control of	3925
that court.	3926

(b) If the fee or fine is paid by a person who was charged in	3927
a juvenile court with the violation that resulted in the	3928
suspension or fine, the portion shall be deposited into the county	3929
juvenile indigent drivers interlock and alcohol monitoring fund	3930
established in the county served by the court.	3931

(c) If the fee or fine is paid by a person who was charged in	3932
a municipal court with the violation that resulted in the	3933
suspension, the portion shall be deposited into the municipal	3934
indigent drivers interlock and alcohol monitoring fund under the	3935
control of that court.	3936

Sec. 4511.192.  (A) TheExcept as provided in division (A)(5)	3937
of section 4511.191 of the Revised Code, the arresting law	3938
enforcement officer shall give advice in accordance with this	3939
section to any person under arrest for a violation of division (A)	3940
or (B) of section 4511.19 of the Revised Code, section 4511.194 of	3941
the Revised Code or a substantially equivalent municipal	3942
ordinance, or a municipal OVI ordinance. The officer shall give	3943
that advice in a written form that contains the information	3944
described in division (B) of this section and shall read the	3945
advice to the person. The form shall contain a statement that the	3946
form was shown to the person under arrest and read to the person	3947
by the arresting officer. One or more persons shall witness the	3948
arresting officer's reading of the form, and the witnesses shall	3949
certify to this fact by signing the form. The person must submit	3950
to the chemical test or tests, subsequent to the request of the	3951
arresting officer, within two hours of the time of the alleged	3952
violation and, if the person does not submit to the test or tests	3953
within that two-hour time limit, the failure to submit	3954
automatically constitutes a refusal to submit to the test or	3955
tests.	3956

(B) IfExcept as provided in division (A)(5) of section	3957
4511.191 of the Revised Code, if a person is under arrest as	3958
described in division (A) of this section, before the person may	3959
be requested to submit to a chemical test or tests to determine	3960
the alcohol, drug of abuse, controlled substance, metabolite of a	3961
controlled substance, or combination content of the person's	3962
whole blood, blood serum or plasma, breath, or urine, the	3963
arresting officer shall read the following form to the person:	3964

"You now are under arrest for (specifically state the offense	3965
under state law or a substantially equivalent municipal ordinance	3966
for which the person was arrested - operating a vehicle under the	3967
influence of alcohol, a drug, or a combination of them; operating	3968
a vehicle while under the influence of a listed controlled	3969
substance or a listed metabolite of a controlled substance;	3970
operating a vehicle after underage alcohol consumption; or having	3971
physical control of a vehicle while under the influence).	3972

If you refuse to take any chemical test required by law, your	3973
Ohio driving privileges will be suspended immediately, and you	3974
will have to pay a fee to have the privileges reinstated. If you	3975
have a prior conviction of OVI, OVUAC, or operating a vehicle	3976
while under the influence of a listed controlled substance or a	3977
listed metabolite of a controlled substance under state or	3978
municipal law within the preceding twenty years, you now are under	3979
arrest for state OVI, and, if you refuse to take a chemical test,	3980
you will face increased penalties if you subsequently are	3981
convicted of the state OVI.	3982

(Read this part unless the person is under arrest for solely	3983
having physical control of a vehicle while under the influence.)	3984
If you take any chemical test required by law and are found to be	3985
at or over the prohibited amount of alcohol, a controlled	3986
substance, or a metabolite of a controlled substance in your whole	3987
blood, blood serum or plasma, breath, or urine as set by law, your	3988
Ohio driving privileges will be suspended immediately, and you	3989
will have to pay a fee to have the privileges reinstated.	3990

If you take a chemical test, you may have an independent	3991
chemical test taken at your own expense."	3992

(C) If the arresting law enforcement officer does not ask a	3993
person under arrest as described in division (A) of this section	3994
or division (A)(5) of section 4511.191 of the Revised Code to	3995
submit to a chemical test or tests under section 4511.191 of the	3996
Revised Code, the arresting officer shall seize the Ohio or	3997
out-of-state driver's or commercial driver's license or permit of	3998
the person and immediately forward it to the court in which the	3999
arrested person is to appear on the charge. If the arrested person	4000
is not in possession of the person's license or permit or it is	4001
not in the person's vehicle, the officer shall order the person to	4002
surrender it to the law enforcement agency that employs the	4003
officer within twenty-four hours after the arrest, and, upon the	4004
surrender, the agency immediately shall forward the license or	4005
permit to the court in which the person is to appear on the	4006
charge. Upon receipt of the license or permit, the court shall	4007
retain it pending the arrested person's initial appearance and any	4008
action taken under section 4511.196 of the Revised Code.	4009

(D)(1) If a law enforcement officer asks a person under	4010
arrest as described in division (A)(5) of section 4511.191 of the	4011
Revised Code to submit to a chemical test or tests under that	4012
section and the test results indicate a prohibited concentration	4013
of alcohol, a controlled substance, or a metabolite of a	4014
controlled substance in the person's whole blood, blood serum or	4015
plasma, breath, or urine at the time of the alleged offense, or if	4016
a law enforcement officer asks a person under arrest as described	4017
in division (A) of this section to submit to a chemical test or	4018
tests under section 4511.191 of the Revised Code, the officer	4019
advises the person in accordance with this section of the	4020
consequences of the person's refusal or submission, and either	4021
the person refuses to submit to the test or tests or, unless the	4022
arrest was for a violation of section 4511.194 of the Revised Code	4023
or a substantially equivalent municipal ordinance, the person	4024
submits to the test or tests and the test results indicate a	4025
prohibited concentration of alcohol, a controlled substance, or a	4026
metabolite of a controlled substance in the person's whole blood,	4027
blood serum or plasma, breath, or urine at the time of the alleged	4028
offense, the arresting officer shall do all of the following:	4029

(a) On behalf of the registrar of motor vehicles, notify the	4030
person that, independent of any penalties or sanctions imposed	4031
upon the person, the person's Ohio driver's or commercial driver's	4032
license or permit or nonresident operating privilege is suspended	4033
immediately, that the suspension will last at least until the	4034
person's initial appearance on the charge, which will be held	4035
within five days after the date of the person's arrest or the	4036
issuance of a citation to the person, and that the person may	4037
appeal the suspension at the initial appearance or during the	4038
period of time ending thirty days after that initial appearance;	4039

(b) Seize the driver's or commercial driver's license or	4040
permit of the person and immediately forward it to the registrar.	4041
If the arrested person is not in possession of the person's	4042
license or permit or it is not in the person's vehicle, the	4043
officer shall order the person to surrender it to the law	4044
enforcement agency that employs the officer within twenty-four	4045
hours after the person is given notice of the suspension, and,	4046
upon the surrender, the officer's employing agency immediately	4047
shall forward the license or permit to the registrar.	4048

(c) Verify the person's current residence and, if it differs	4049
from that on the person's driver's or commercial driver's license	4050
or permit, notify the registrar of the change;	4051

(d) Send to the registrar, within forty-eight hours after the	4052
arrest of the person, a sworn report that includes all of the	4053
following statements:	4054

(i) That the officer had reasonable grounds to believe that,	4055
at the time of the arrest, the arrested person was operating a	4056
vehicle, streetcar, or trackless trolley in violation of division	4057
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4058
OVI ordinance or for being in physical control of a stationary	4059
vehicle, streetcar, or trackless trolley in violation of section	4060
4511.194 of the Revised Code or a substantially equivalent	4061
municipal ordinance;	4062

(ii) That the person was arrested and charged with a	4063
violation of division (A) or (B) of section 4511.19 of the Revised	4064
Code, section 4511.194 of the Revised Code or a substantially	4065
equivalent municipal ordinance, or a municipal OVI ordinance;	4066

(iii) Unless division (D)(1)(d)(v) of this section applies,	4067
that the officer asked the person to take the designated chemical	4068
test or tests, advised the person in accordance with this section	4069
of the consequences of submitting to, or refusing to take, the	4070
test or tests, and gave the person the form described in division	4071
(B) of this section;	4072

(iv) Unless division (D)(1)(d)(v) of this section applies,	4073
that either the person refused to submit to the chemical test or	4074
tests or, unless the arrest was for a violation of section	4075
4511.194 of the Revised Code or a substantially equivalent	4076
municipal ordinance, the person submitted to the chemical test or	4077
tests and the test results indicate a prohibited concentration of	4078
alcohol, a controlled substance, or a metabolite of a controlled	4079
substance in the person's whole blood, blood serum or plasma,	4080
breath, or urine at the time of the alleged offense;	4081

(v) If the person was under arrest as described in division	4082
(A)(5) of section 4511.191 of the Revised Code and the chemical	4083
test or tests were performed in accordance with that division,	4084
that the person was under arrest as described in that division,	4085
that the chemical test or tests were performed in accordance with	4086
that division, and that test results indicated a prohibited	4087
concentration of alcohol, a controlled substance, or a metabolite	4088
of a controlled substance in the person's whole blood, blood serum	4089
or plasma, breath, or urine at the time of the alleged offense.	4090

(2) Division (D)(1) of this section does not apply to a	4091
person who is arrested for a violation of section 4511.194 of the	4092
Revised Code or a substantially equivalent municipal ordinance,	4093
who is asked by a law enforcement officer to submit to a chemical	4094
test or tests under section 4511.191 of the Revised Code, and who	4095
submits to the test or tests, regardless of the amount of alcohol,	4096
a controlled substance, or a metabolite of a controlled substance	4097
that the test results indicate is present in the person's whole	4098
blood, blood serum or plasma, breath, or urine.	4099

(E) The arresting officer shall give the officer's sworn	4100
report that is completed under this section to the arrested person	4101
at the time of the arrest, or the registrar of motor vehicles	4102
shall send the report to the person by regular first class mail as	4103
soon as possible after receipt of the report, but not later than	4104
fourteen days after receipt of it. An arresting officer may give	4105
an unsworn report to the arrested person at the time of the arrest	4106
provided the report is complete when given to the arrested person	4107
and subsequently is sworn to by the arresting officer. As soon as	4108
possible, but not later than forty-eight hours after the arrest of	4109
the person, the arresting officer shall send a copy of the sworn	4110
report to the court in which the arrested person is to appear on	4111
the charge for which the person was arrested.	4112

(F) The sworn report of an arresting officer completed under	4113
this section is prima-facie proof of the information and	4114
statements that it contains. It shall be admitted and considered	4115
as prima-facie proof of the information and statements that it	4116
contains in any appeal under section 4511.197 of the Revised Code	4117
relative to any suspension of a person's driver's or commercial	4118
driver's license or permit or nonresident operating privilege that	4119
results from the arrest covered by the report.	4120

Sec. 4511.197.  (A) If a person is arrested for operating a	4121
vehicle, streetcar, or trackless trolley in violation of division	4122
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4123
OVI ordinance or for being in physical control of a vehicle,	4124
streetcar, or trackless trolley in violation of section 4511.194	4125
of the Revised Code or a substantially equivalent municipal	4126
ordinance and if the person's driver's or commercial driver's	4127
license or permit or nonresident operating privilege is suspended	4128
under sectionsections 4511.191 and 4511.192 of the Revised Code,	4129
the person may appeal the suspension at the person's initial	4130
appearance on the charge resulting from the arrest or within the	4131
period ending thirty days after the person's initial appearance	4132
on that charge, in the court in which the person will appear on	4133
that charge. If the person appeals the suspension, the appeal	4134
itself does not stay the operation of the suspension. If the	4135
person appeals the suspension, either the person or the registrar	4136
of motor vehicles may request a continuance of the appeal, and the	4137
court may grant the continuance. The court also may continue the	4138
appeal on its own motion. Neither the request for, nor the	4139
granting of, a continuance stays the suspension that is the	4140
subject of the appeal, unless the court specifically grants a	4141
stay.	4142

(B) A person shall file an appeal under division (A) of this	4143
section in the municipal court, county court, juvenile court,	4144
mayor's court, or court of common pleas that has jurisdiction over	4145
the charge in relation to which the person was arrested.	4146

(C) If a person appeals a suspension under division (A) of	4147
this section, the scope of the appeal is limited to determining	4148
whether one or more of the following conditions have not been met:	4149

(1) Whether the arresting law enforcement officer had	4150
reasonable ground to believe the arrested person was operating a	4151
vehicle, streetcar, or trackless trolley in violation of division	4152
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4153
OVI ordinance or was in physical control of a vehicle, streetcar,	4154
or trackless trolley in violation of section 4511.194 of the	4155
Revised Code or a substantially equivalent municipal ordinance and	4156
whether the arrested person was in fact placed under arrest;	4157

(2) Whether the law enforcement officer requested the	4158
arrested person to submit to the chemical test or tests designated	4159
pursuant to division (A) of section 4511.191 of the Revised Code;	4160

(3) WhetherIf the person was under arrest as described in	4161
division (A)(5) of section 4511.191 of the Revised Code, whether	4162
the arresting officer advised the person at the time of the arrest	4163
that if the person refused to take a chemical test, the officer	4164
could employ whatever reasonable means were necessary to ensure	4165
that the person submitted to a chemical test of the person's whole	4166
blood or blood serum or plasma; or if the person was under arrest	4167
other than as described in division (A)(5) of section 4511.191 of	4168
the Revised Code, whether the arresting officer informed the	4169
arrested person of the consequences of refusing to be tested or of	4170
submitting to the test or tests;	4171

(4) Whichever of the following is applicable:

4172

(a) WhetherIf the suspension was imposed under division (B)	4173
of section 4511.191 and section 4511.192 of the Revised Code,	4174
whether the arrested person refused to submit to the chemical test	4175
or tests requested by the officer;	4176

(b) WhetherIf the suspension was imposed under division (C)	4177
of section 4511.191 and section 4511.192 of the Revised Code,	4178
whether the arrest was for a violation of division (A) or (B) of	4179
section 4511.19 of the Revised Code or a municipal OVI ordinance	4180
and, if it was, whether the chemical test results indicate that at	4181
the time of the alleged offense the arrested person's whole blood	4182
contained a concentration of eight-hundredths of one per cent or	4183
more by weight of alcohol, the person's blood serum or plasma	4184
contained a concentration of ninety-six-thousandths of one per	4185
cent or more by weight of alcohol, the person's breath contained a	4186
concentration of eight-hundredths of one gram or more by weight	4187
of alcohol per two hundred ten liters of the person's breath, or	4188
the person's urine contained aat least the concentration of	4189
eleven-hundredths of one gram or more by weight of alcohol per	4190
one hundred milliliters of the person's urine at the time of the	4191
alleged offensespecified in division (A)(1)(b), (c), (d), or (e)	4192
of section 4511.19 of the Revised Code or at least the	4193
concentration of a listed controlled substance or a listed	4194
metabolite of a controlled substance specified in division	4195
(A)(1)(j) of section 4511.19 of the Revised Code.	4196

(D) A person who appeals a suspension under division (A) of	4197
this section has the burden of proving, by a preponderance of the	4198
evidence, that one or more of the conditions specified in division	4199
(C) of this section has not been met. If, during the appeal, the	4200
judge or magistrate of the court or the mayor of the mayor's court	4201
determines that all of those conditions have been met, the judge,	4202
magistrate, or mayor shall uphold the suspension, continue the	4203
suspension, and notify the registrar of motor vehicles of the	4204
decision on a form approved by the registrar.	4205

Except as otherwise provided in this section, if a suspension	4206
imposed under section 4511.191 of the Revised Code is upheld on	4207
appeal or if the subject person does not appeal the suspension	4208
under division (A) of this section, the suspension shall continue	4209
until the complaint alleging the violation for which the person	4210
was arrested and in relation to which the suspension was imposed	4211
is adjudicated on the merits or terminated pursuant to law. If the	4212
suspension was imposed under division (B)(1) of section 4511.191	4213
of the Revised Code and it is continued under this section, any	4214
subsequent finding that the person is not guilty of the charge	4215
that resulted in the person being requested to take the chemical	4216
test or tests under division (A) of section 4511.191 of the	4217
Revised Code does not terminate or otherwise affect the	4218
suspension. If the suspension was imposed under division (C) of	4219
section 4511.191 of the Revised Code in relation to an alleged	4220
misdemeanor violation of division (A) or (B) of section 4511.19 of	4221
the Revised Code or of a municipal OVI ordinance and it is	4222
continued under this section, the suspension shall terminate if,	4223
for any reason, the person subsequently is found not guilty of the	4224
charge that resulted in the person taking the chemical test or	4225
tests.	4226

If, during the appeal, the judge or magistrate of the trial	4227
court or the mayor of the mayor's court determines that one or	4228
more of the conditions specified in division (C) of this section	4229
have not been met, the judge, magistrate, or mayor shall terminate	4230
the suspension, subject to the imposition of a new suspension	4231
under division (B) of section 4511.196 of the Revised Code; shall	4232
notify the registrar of motor vehicles of the decision on a form	4233
approved by the registrar; and, except as provided in division (B)	4234
of section 4511.196 of the Revised Code, shall order the registrar	4235
to return the driver's or commercial driver's license or permit to	4236
the person or to take any other measures that may be necessary, if	4237
the license or permit was destroyed under section 4510.53 of the	4238
Revised Code, to permit the person to obtain a replacement	4239
driver's or commercial driver's license or permit from the	4240
registrar or a deputy registrar in accordance with that section.	4241
The court also shall issue to the person a court order, valid for	4242
not more than ten days from the date of issuance, granting the	4243
person operating privileges for that period.	4244

(E) Any person whose driver's or commercial driver's license	4245
or permit or nonresident operating privilege has been suspended	4246
pursuant to section 4511.191 of the Revised Code may file a	4247
petition requesting limited driving privileges in the common pleas	4248
court, municipal court, county court, mayor's court, or juvenile	4249
court with jurisdiction over the related criminal or delinquency	4250
case. The petition may be filed at any time subsequent to the	4251
date on which the arresting law enforcement officer serves the	4252
notice of suspension upon the arrested person but no later than	4253
thirty days after the arrested person's initial appearance or	4254
arraignment. Upon the making of the request, limited driving	4255
privileges may be granted under sections 4510.021 and 4510.13 of	4256
the Revised Code, regardless of whether the person appeals the	4257
suspension under this section or appeals the decision of the court	4258
on the appeal, and, if the person has so appealed the suspension	4259
or decision, regardless of whether the matter has been heard or	4260
decided by the court. The person shall pay the costs of the	4261
proceeding, notify the registrar of the filing of the petition,	4262
and send the registrar a copy of the petition.	4263

The court may not grant the person limited driving privileges	4264
when prohibited by section 4510.13 or 4511.191 of the Revised	4265
Code.	4266

(F) Any person whose driver's or commercial driver's license	4267
or permit has been suspended under section 4511.19 of the Revised	4268
Code or under section 4510.07 of the Revised Code for a conviction	4269
of a municipal OVI offense and who desires to retain the license	4270
or permit during the pendency of an appeal, at the time sentence	4271
is pronounced, shall notify the court of record or mayor's court	4272
that suspended the license or permit of the person's intention to	4273
appeal. If the person so notifies the court, the court, mayor, or	4274
clerk of the court shall retain the license or permit until the	4275
appeal is perfected, and, if execution of sentence is stayed, the	4276
license or permit shall be returned to the person to be held by	4277
the person during the pendency of the appeal. If the appeal is not	4278
perfected or is dismissed or terminated in an affirmance of the	4279
conviction, then the license or permit shall be taken up by the	4280
court, mayor, or clerk, at the time of putting the sentence into	4281
execution, and the court shall proceed in the same manner as if no	4282
appeal was taken.	4283

(G) Except as otherwise provided in this division, if a	4284
person whose driver's or commercial driver's license or permit or	4285
nonresident operating privilege was suspended under section	4286
4511.191 of the Revised Code appeals the suspension under division	4287
(A) of this section, the prosecuting attorney of the county in	4288
which the arrest occurred shall represent the registrar of motor	4289
vehicles in the appeal. If the arrest occurred within a municipal	4290
corporation within the jurisdiction of the court in which the	4291
appeal is conducted, the city director of law, village solicitor,	4292
or other chief legal officer of that municipal corporation shall	4293
represent the registrar. If the appeal is conducted in a municipal	4294
court, the registrar shall be represented as provided in section	4295
1901.34 of the Revised Code. If the appeal is conducted in a	4296
mayor's court, the city director of law, village solicitor, or	4297
other chief legal officer of the municipal corporation that	4298
operates that mayor's court shall represent the registrar.	4299

(H) The court shall give information in writing of any action	4300
taken under this section to the registrar of motor vehicles.	4301

(I) When it finally has been determined under the procedures	4302
of this section that a nonresident's privilege to operate a	4303
vehicle within this state has been suspended, the registrar of	4304
motor vehicles shall give information in writing of the action	4305
taken to the motor vehicle administrator of the state of the	4306
nonresident's residence and of any state in which the nonresident	4307
has a license.	4308

Sec. 4729.041.  The executive director of the state board of	4309
pharmacy, as soon as possible after the necessary and appropriate	4310
scientific evidence is available and with the board's approval,	4311
shall adopt rules that do the following:	4312

(A) Specify the amount of salvia divinorum and the amount of	4313
salvinorin A that constitute concentrations of salvia divinorum	4314
and salvinorin A in a person's urine, in a person's whole blood,	4315
or in a person's blood serum or plasma at or above which the	4316
person is impaired for purposes of operating or being in physical	4317
control of any vessel underway or manipulating any water skis,	4318
aquaplane, or similar device on the waters of this state;	4319

(B) Specify the amount of salvia divinorum and the amount of	4320
salvinorin A that constitute concentrations of salvia divinorum	4321
and salvinorin A in a person's urine, in a person's whole blood,	4322
or in a person's blood serum or plasma at or above which the	4323
person is impaired for purposes of operating any vehicle,	4324
streetcar, or trackless trolley within this state.	4325

Sec. 5111.0119.  (A)(1) As used in this section, subject to	4326
division (A)(2) of this section, "state or local correctional	4327
facility" means any of the following:	4328

(a) A "state correctional institution," as defined in section	4329
2967.01 of the Revised Code;	4330

(b) A "local correctional facility," as defined in section	4331
2903.13 of the Revised Code;	4332

(c) A correctional facility that is privately operated and	4333
managed pursuant to section 9.06 of the Revised Code.	4334

(2) "State or local correctional facility" does not include	4335
any facility operated directly by or at the direction of the	4336
department of youth services.	4337

(B) If a person who is confined in a state or local	4338
correctional facility was a medicaid recipient immediately prior	4339
to being confined in the facility, all of the following apply:	4340

(1) The person's eligibility for medicaid while so confined	4341
shall be suspended due to the confinement.	4342

(2) No medicaid payment shall be made for any care,	4343
services, or supplies provided to the person during the	4344
suspension described in division (B)(1) of this section.	4345

(3) The suspension described in division (B)(1) of this	4346
section shall end upon the release of the person from the	4347
confinement.	4348

(4) Except as provided in division (C) of this section, the	4349
person shall not be required to reapply or undergo a	4350
redetermination of eligibility for medicaid when the suspension	4351
described in division (B)(1) of this section ends.	4352

(C) A person may be disenrolled from medicaid any time after	4353
the suspension described in division (B)(1) of this section ends	4354
if the person is no longer eligible for medicaid. A person may be	4355
required to undergo a redetermination of eligibility for medicaid	4356
any time after the suspension described in division (B)(1) of this	4357
section ends if it is time or past time for the person's	4358
eligibility redetermination or the person's circumstances have	4359
changed in a manner warranting a redetermination.	4360

(D) The department of job and family services shall take the	4361
steps necessary to begin implementation of this section not later	4362
than September 1, 2009.	4363

Section 2. That existing sections 341.12, 341.13, 341.14,	4364
341.15, 1547.11, 1547.111, 2725.27, 2903.06, 2949.094, 3719.41,	4365
4503.235, 4506.03, 4510.13, 4511.19, 4511.191, 4511.192, and	4366
4511.197 and section 2725.25 of the Revised Code are hereby	4367
repealed.	4368

Section 3.  Section 4511.191 of the Revised Code is	4369
presented in this act as a composite of the section as amended by	4370
both Am. Sub. H.B. 562 and Am. Sub. S.B. 17 of the 127th General	4371
Assembly. The General Assembly, applying the principle stated in	4372
division (B) of section 1.52 of the Revised Code that amendments	4373
are to be harmonized if reasonably capable of simultaneous	4374
operation, finds that the composite is the resulting version of	4375
the section in effect prior to the effective date of the section	4376
as presented in this act.	4377