As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

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 

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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 of the

5

Revised Code to list Salvia divinorum as a

6

controlled substance; to provide for prohibited

7

concentrations of Salvia Divinorum and Salvinorin

8

A that are determined by the State Board of

9

Pharmacy for purposes of OVI and OWI; to make

10

clarifying, conforming, and technical changes in

11

the court cost add-on for indigent drivers

12

alcohol treatment and in certain provisions of, or

13

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

14

General Assembly; to provide for suspension of

15

the eligibility for Medicaid of certain persons

16

confined in a state or local correctional

17

facility; to permit the transfer of county jail

18

inmates to contiguous counties in adjoining

19

states; to waive the operation of police vehicles

20

used to transport prisoners from commercial

21

driver's license requirements; and to provide

22

that the penalty enhancement for aggravated

23

vehicular homicide, vehicular homicide, and

24

vehicular manslaughter for driving under a

25

license suspension and the requirement for a

26

mandatory prison term in certain cases of

27

aggravated vehicular homicide and vehicular

28

homicide for driving under suspension also apply

29

to driving under cancellation and driving without

30

a license.

31

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

Section 1. That sections 341.12, 341.13, 341.14, 341.15,	32
1547.11, 1547.111, 2725.27, 2903.06, 2949.094, 3719.41, 4503.235,	33
4506.03, 4510.13, 4511.19, 4511.191, 4511.192, and 4511.197 be	34
amended and sections 341.141, 4729.041, and 5111.0119 of the	35
Revised Code be enacted to read as follows:	36

Sec. 341.12. In a county not having a sufficient jail or	37
staff, the sheriff shall convey any person charged with the	38
commission of an offense, sentenced to imprisonment in the county	39
jail, or in custody upon civil process, to a jail in any county	40
which the sheriff considers most convenient and secure. In the	41
case of a person who has been charged with an offense and is being	42
held pending trial, any county includes a contiguous county in an	43
adjoining state.	44

The sheriff may call such aid as is necessary in guarding,	45
tranportingtransporting, or returning such person. Whoever	46
neglects or refuses to render such aid, when so called upon, shall	47
forfeit and pay the sum of ten dollars, to be recovered by an	48
action in the name and for the use of the county.	49

Such sheriff and his assistants shall receive such	50
compensation for their services as the county auditor of the	51
county from which such person was removed considers reasonable.	52
The compensation shall be paid from the county treasury on the	53
warrant of the auditor.	54

The receiving sheriff shall not, pursuant to this section,	55
convey the person received to any county other than the one from	56
which the person was removed.	57

Sec. 341.13.  The sheriff of thea county in this state to	58
which a prisoner has been removed as provided by section 341.12 of	59
the Revised Code, shall, on being furnished a copy of the process	60
or commitment, receive suchthe prisoner into his custody, and.	61
The sheriff of a contiguous county of an adjoining state to which	62
a prisoner has been removed as provided in section 341.12 of the	63
Revised Code may, on being furnished a copy of the commitment,	64
receive the prisoner into the sheriff's custody. Each receiving	65
sheriff shall be liable for escapes or other neglect of duty in	66
relation to suchthe prisoner, as in other cases, and neither the	67
conveying sheriff nor any county commissioner of the county that	68
employs the conveying sheriff is liable in damages in a civil	69
action for any injury, death, or loss to person or property	70
suffered or caused by the prisoner while the prisoner is in the	71
custody of the receiving sheriff. SuchEach receiving sheriff	72
shall receive from the treasury of the county from which the	73
prisoner was removed, such fees as are allowed in other cases.	74

Sec. 341.14.  (A) The sheriff of an adjoining county in this	75
state shall not receive prisoners as provided by section 341.12 of	76
the Revised Code unless there is deposited weekly with the sheriff	77
an amount equal to the actual cost of keeping and feeding each	78
prisoner so committed for the use of the jail of that county, and	79
the same amount for a period of time less than one week. If a	80
prisoner is discharged before the expiration of the term for which	81
the prisoner was committed, the excess of the amount advanced	82
shall be refunded.	83

(B) Pursuant to section 2929.37 of the Revised Code, the	84
board of county commissioners of the county of this state that	85
receives pursuant to section 341.12 of the Revised Code for	86
confinement in its jail, a prisoner who was convicted of an	87
offense, may require the prisoner to reimburse the county for its	88
expenses incurred by reason of the prisoner's confinement.	89

(C) Notwithstanding any contrary provision in this section or	90
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	91
board of county commissioners in this state may establish a policy	92
that complies with section 2929.38 of the Revised Code and that	93
requires any prisoner who is not indigent and who is confined in	94
the county's jail under this section to pay a reception fee, a fee	95
for medical treatment or service requested by and provided to that	96
prisoner, or the fee for a random drug test assessed under	97
division (E) of section 341.26 of the Revised Code.	98

(D) If a county in this state receives pursuant to section	99
341.12 of the Revised Code for confinement in its jail a person	100
who has been convicted of or pleaded guilty to an offense and has	101
been sentenced to a term in a jail or a person who has been	102
arrested for an offense, who has been denied bail or has had bail	103
set and has not been released on bail, and who is confined in jail	104
pending trial, at the time of reception and at other times the	105
sheriff or other person in charge of the operation of the jail	106
determines to be appropriate, the sheriff or other person in	107
charge of the operation of the jail may cause the convicted or	108
accused offender to be examined and tested for tuberculosis, HIV	109
infection, hepatitis, including but not limited to hepatitis A, B,	110
and C, and other contagious diseases. The sheriff or other person	111
in charge of the operation of the jail may cause a convicted or	112
accused offender in the jail who refuses to be tested or treated	113
for tuberculosis, HIV infection, hepatitis, including but not	114
limited to hepatitis A, B, and C, or another contagious disease to	115
be tested and treated involuntarily.	116

Sec. 341.141.  (A) The sheriff of a county in this state	117
shall not transfer a prisoner to a contiguous county in an	118
adjoining state as provided in section 341.12 of the Revised Code	119
unless there is deposited weekly with the sheriff of the	120
contiguous county an amount equal to the actual cost of keeping	121
and feeding each prisoner committed to the custody of that sheriff	122
for the use of the jail of that county, and the same amount for a	123
period of time less than one week. If a prisoner is discharged	124
before the expiration of a week for which the cost of keeping and	125
feeding the prisoner has been deposited, the excess of the amount	126
shall be refunded.	127

(B) The minimum standards for jails that are applicable for	128
jails in the adjoining state shall apply to a jail in that	129
adjoining state that receives prisoners as provided in section	130
341.13 of the Revised Code.	131

(C) All other terms of the transfer of a prisoner from a	132
county in this state to a contiguous county in an adjoining state	133
shall be as agreed upon by the board of county commissioners, any	134
applicable governmental entity in the receiving county, and the	135
sheriffs involved in the transfer.	136

(D) If a prisoner is transferred to a contiguous county of an	137
adjoining state as provided in section 341.12 of the Revised Code,	138
jurisdiction over the transferred prisoner shall remain with the	139
Ohio governmental agencies and entities that would have	140
jurisdiction over the prisoner if the prisoner had not been so	141
transferred, including the Ohio court to which the prisoner's case	142
is assigned.	143

Sec. 341.15.  At the end of each quarter, of each calendar	144
year, thea sheriff in this state shall account for and pay to the	145
county treasurer all money received by himthe sheriff as provided	146
by sections 341.13 and 341.14 of the Revised Code.	147

"       Sec. 1547.11.  (A) No person shall operate or be in physical	148
control of any vessel underway or shall manipulate any water skis,	149
aquaplane, or similar device on the waters in this state if, at	150
the time of the operation, control, or manipulation, any of the	151
following applies:	152

(1) The person is under the influence of alcohol, a drug of	153
abuse, or a combination of them.	154

(2) The person has a concentration of eight-hundredths of one	155
per cent or more by weight of alcohol per unit volume in the	156
person's whole blood.	157

(3) The person has a concentration of ninety-six-thousandths	158
of one per cent or more by weight per unit volume of alcohol in	159
the person's blood serum or plasma.	160

(4) The person has a concentration of eleven-hundredths of	161
one gram or more by weight of alcohol per one hundred milliliters	162
of the person's urine.	163

(5) The person has a concentration of eight-hundredths of one	164
gram or more by weight of alcohol per two hundred ten liters of	165
the person's breath.	166

(6) Except as provided in division (H) of this section, the	167
person has a concentration of any of the following controlled	168
substances or metabolites of a controlled substance in the	169
person's whole blood, blood serum or plasma, or urine that equals	170
or exceeds any of the following:	171

(a) The person has a concentration of amphetamine in the	172
person's urine of at least five hundred nanograms of amphetamine	173
per milliliter of the person's urine or has a concentration of	174
amphetamine in the person's whole blood or blood serum or plasma	175
of at least one hundred nanograms of amphetamine per milliliter of	176
the person's whole blood or blood serum or plasma.	177

(b) The person has a concentration of cocaine in the person's	178
urine of at least one hundred fifty nanograms of cocaine per	179
milliliter of the person's urine or has a concentration of cocaine	180
in the person's whole blood or blood serum or plasma of at least	181
fifty nanograms of cocaine per milliliter of the person's whole	182
blood or blood serum or plasma.	183

(c) The person has a concentration of cocaine metabolite in	184
the person's urine of at least one hundred fifty nanograms of	185
cocaine metabolite per milliliter of the person's urine or has a	186
concentration of cocaine metabolite in the person's whole blood or	187
blood serum or plasma of at least fifty nanograms of cocaine	188
metabolite per milliliter of the person's whole blood or blood	189
serum or plasma.	190

(d) The person has a concentration of heroin in the person's	191
urine of at least two thousand nanograms of heroin per milliliter	192
of the person's urine or has a concentration of heroin in the	193
person's whole blood or blood serum or plasma of at least fifty	194
nanograms of heroin per milliliter of the person's whole blood or	195
blood serum or plasma.	196

(e) The person has a concentration of heroin metabolite	197
(6-monoacetyl morphine) in the person's urine of at least ten	198
nanograms of heroin metabolite (6-monoacetyl morphine) per	199
milliliter of the person's urine or has a concentration of heroin	200
metabolite (6-monoacetyl morphine) in the person's whole blood or	201
blood serum or plasma of at least ten nanograms of heroin	202
metabolite (6-monoacetyl morphine) per milliliter of the person's	203
whole blood or blood serum or plasma.	204

(f) The person has a concentration of L.S.D. in the person's	205
urine of at least twenty-five nanograms of L.S.D. per milliliter	206
of the person's urine or has a concentration of L.S.D. in the	207
person's whole blood or blood serum or plasma of at least ten	208
nanograms of L.S.D. per milliliter of the person's whole blood or	209
blood serum or plasma.	210

(g) The person has a concentration of marihuana in the	211
person's urine of at least ten nanograms of marihuana per	212
milliliter of the person's urine or has a concentration of	213
marihuana in the person's whole blood or blood serum or plasma of	214
at least two nanograms of marihuana per milliliter of the person's	215
whole blood or blood serum or plasma.	216

(h) The state board of pharmacy has adopted a rule pursuant	217
to section 4729.041 of the Revised Code that specifies the amount	218
of salvia divinorum and the amount of salvinorin A that constitute	219
concentrations of salvia divinorum and salvinorin A in a person's	220
urine, in a person's whole blood, or in a person's blood serum or	221
plasma at or above which the person is impaired for purposes of	222
operating or being in physical control of any vessel underway or	223
manipulating any water skis, aquaplane, or similar device on the	224
waters of this state, the rule is in effect, and the person has a	225
concentration of salvia divinorum or salvinorin A of at least that	226
amount so specified by rule in the person's urine, in the person's	227
whole blood, or in the person's blood serum or plasma.	228

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

229

(i) The person is under the influence of alcohol, a drug of	230
abuse, or a combination of them, and, as measured by gas	231
chromatography mass spectrometry, the person has a concentration	232
of marihuana metabolite in the person's urine of at least fifteen	233
nanograms of marihuana metabolite per milliliter of the person's	234
urine or has a concentration of marihuana metabolite in the	235
person's whole blood or blood serum or plasma of at least five	236
nanograms of marihuana metabolite per milliliter of the person's	237
whole blood or blood serum or plasma.	238

(ii) As measured by gas chromatography mass spectrometry, the	239
person has a concentration of marihuana metabolite in the person's	240
urine of at least thirty-five nanograms of marihuana metabolite	241
per milliliter of the person's urine or has a concentration of	242
marihuana metabolite in the person's whole blood or blood serum or	243
plasma of at least fifty nanograms of marihuana metabolite per	244
milliliter of the person's whole blood or blood serum or plasma.	245

(i)(j) The person has a concentration of methamphetamine in	246
the person's urine of at least five hundred nanograms of	247
methamphetamine per milliliter of the person's urine or has a	248
concentration of methamphetamine in the person's whole blood or	249
blood serum or plasma of at least one hundred nanograms of	250
methamphetamine per milliliter of the person's whole blood or	251
blood serum or plasma.	252

(j)(k) The person has a concentration of phencyclidine in the	253
person's urine of at least twenty-five nanograms of phencyclidine	254
per milliliter of the person's urine or has a concentration of	255
phencyclidine in the person's whole blood or blood serum or plasma	256
of at least ten nanograms of phencyclidine per milliliter of the	257
person's whole blood or blood serum or plasma.	258

(B) No person under twenty-one years of age shall operate or	259
be in physical control of any vessel underway or shall manipulate	260
any water skis, aquaplane, or similar device on the waters in this	261
state if, at the time of the operation, control, or manipulation,	262
any of the following applies:	263

(1) The person has a concentration of at least two-hundredths	264
of one per cent, but less than eight-hundredths of one per cent by	265
weight per unit volume of alcohol in the person's whole blood.	266

(2) The person has a concentration of at least	267
three-hundredths of one per cent but less than	268
ninety-six-thousandths of one per cent by weight per unit volume	269
of alcohol in the person's blood serum or plasma.	270

(3) The person has a concentration of at least twenty-eight	271
one-thousandths of one gram, but less than eleven-hundredths of	272
one gram by weight of alcohol per one hundred milliliters of the	273
person's urine.	274

(4) The person has a concentration of at least two-hundredths	275
of one gram, but less than eight-hundredths of one gram by weight	276
of alcohol per two hundred ten liters of the person's breath.	277

(C) In any proceeding arising out of one incident, a person	278
may be charged with a violation of division (A)(1) and a violation	279
of division (B)(1), (2), (3), or (4) of this section, but the	280
person shall not be convicted of more than one violation of those	281
divisions.	282

(D)(1)(a) In any criminal prosecution or juvenile court	283
proceeding for a violation of division (A) or (B) of this section	284
or for an equivalent offense that is watercraft-related, the	285
result of any test of any blood or urine withdrawn and analyzed at	286
any health care provider, as defined in section 2317.02 of the	287
Revised Code, may be admitted with expert testimony to be	288
considered with any other relevant and competent evidence in	289
determining the guilt or innocence of the defendant.	290

(b) In any criminal prosecution or juvenile court proceeding	291
for a violation of division (A) or (B) of this section or for an	292
equivalent offense that is watercraft-related, the court may	293
admit evidence on the concentration of alcohol, drugs of abuse,	294
controlled substances, metabolites of a controlled substance, or	295
a combination of them in the defendant's or child's whole blood,	296
blood serum or plasma, urine, or breath at the time of the	297
alleged violation as shown by chemical analysis of the substance	298
withdrawn, or specimen taken within three hours of the time of the	299
alleged violation. The three-hour time limit specified in this	300
division regarding the admission of evidence does not extend or	301
affect the two-hour time limit specified in division (C) of	302
section 1547.111 of the Revised Code as the maximum period of	303
time during which a person may consent to a chemical test or tests	304
as described in that section. The court may admit evidence on the	305
concentration of alcohol, drugs of abuse, or a combination of them	306
as described in this division when a person submits to a blood,	307
breath, urine, or other bodily substance test at the request of a	308
law enforcement officer under section 1547.111 of the Revised	309
Code or a blood or urine sample is obtained pursuant to a search	310
warrant. Only a physician, a registered nurse, or a qualified	311
technician, chemist, or phlebotomist shall withdraw blood for the	312
purpose of determining the alcohol, drug, controlled substance,	313
metabolite of a controlled substance, or combination content of	314
the whole blood, blood serum, or blood plasma. This limitation	315
does not apply to the taking of breath or urine specimens. A	316
person authorized to withdraw blood under this division may refuse	317
to withdraw blood under this division if, in that person's	318
opinion, the physical welfare of the defendant or child would be	319
endangered by withdrawing blood.	320

The whole blood, blood serum or plasma, urine, or breath	321
withdrawn under division (D)(1)(b) of this section shall be	322
analyzed in accordance with methods approved by the director of	323
health by an individual possessing a valid permit issued by the	324
director pursuant to section 3701.143 of the Revised Code.	325

(2) In a criminal prosecution or juvenile court proceeding	326
for a violation of division (A) of this section or for an	327
equivalent offense that is watercraft-related, if there was at	328
the time the bodily substance was taken a concentration of less	329
than the applicable concentration of alcohol specified for a	330
violation of division (A)(2), (3), (4), or (5) of this section or	331
less than the applicable concentration of a listed controlled	332
substance or a listed metabolite of a controlled substance	333
specified for a violation of division (A)(6) of this section, that	334
fact may be considered with other competent evidence in	335
determining the guilt or innocence of the defendant or in making	336
an adjudication for the child. This division does not limit or	337
affect a criminal prosecution or juvenile court proceeding for a	338
violation of division (B) of this section or for a violation of a	339
prohibition that is substantially equivalent to that division.	340

(3) Upon the request of the person who was tested, the	341
results of the chemical test shall be made available to the person	342
or the person's attorney immediately upon completion of the test	343
analysis.	344

If the chemical test was administered pursuant to division	345
(D)(1)(b) of this section, the person tested may have a	346
physician, a registered nurse, or a qualified technician, chemist,	347
or phlebotomist of the person's own choosing administer a chemical	348
test or tests in addition to any administered at the direction of	349
a law enforcement officer, and shall be so advised. The failure or	350
inability to obtain an additional test by a person shall not	351
preclude the admission of evidence relating to the test or tests	352
taken at the direction of a law enforcement officer.	353

(E)(1) In any criminal prosecution or juvenile court	354
proceeding for a violation of division (A) or (B) of this section,	355
of a municipal ordinance relating to operating or being in	356
physical control of any vessel underway or to manipulating any	357
water skis, aquaplane, or similar device on the waters of this	358
state while under the influence of alcohol, a drug of abuse, or a	359
combination of them, or of a municipal ordinance relating to	360
operating or being in physical control of any vessel underway or	361
to manipulating any water skis, aquaplane, or similar device on	362
the waters of this state with a prohibited concentration of	363
alcohol, a controlled substance, or a metabolite of a controlled	364
substance in the whole blood, blood serum or plasma, breath, or	365
urine, if a law enforcement officer has administered a field	366
sobriety test to the operator or person found to be in physical	367
control of the vessel underway involved in the violation or the	368
person manipulating the water skis, aquaplane, or similar device	369
involved in the violation and if it is shown by clear and	370
convincing evidence that the officer administered the test in	371
substantial compliance with the testing standards for reliable,	372
credible, and generally accepted field sobriety tests for vehicles	373
that were in effect at the time the tests were administered,	374
including, but not limited to, any testing standards then in	375
effect that have been set by the national highway traffic safety	376
administration, that by their nature are not clearly inapplicable	377
regarding the operation or physical control of vessels underway or	378
the manipulation of water skis, aquaplanes, or similar devices,	379
all of the following apply:	380

(a) The officer may testify concerning the results of the	381
field sobriety test so administered.	382

(b) The prosecution may introduce the results of the field	383
sobriety test so administered as evidence in any proceedings in	384
the criminal prosecution or juvenile court proceeding.	385

(c) If testimony is presented or evidence is introduced under	386
division (E)(1)(a) or (b) of this section and if the testimony or	387
evidence is admissible under the Rules of Evidence, the court	388
shall admit the testimony or evidence, and the trier of fact shall	389
give it whatever weight the trier of fact considers to be	390
appropriate.	391

(2) Division (E)(1) of this section does not limit or	392
preclude a court, in its determination of whether the arrest of a	393
person was supported by probable cause or its determination of any	394
other matter in a criminal prosecution or juvenile court	395
proceeding of a type described in that division, from considering	396
evidence or testimony that is not otherwise disallowed by division	397
(E)(1) of this section.	398

(F)(1) Subject to division (F)(3) of this section, in any	399
criminal prosecution or juvenile court proceeding for a violation	400
of division (A) or (B) of this section or for an equivalent	401
offense that is substantially equivalent to either of those	402
divisions, the court shall admit as prima-facie evidence a	403
laboratory report from any laboratory personnel issued a permit by	404
the department of health authorizing an analysis as described in	405
this division that contains an analysis of the whole blood, blood	406
serum or plasma, breath, urine, or other bodily substance tested	407
and that contains all of the information specified in this	408
division. The laboratory report shall contain all of the	409
following:	410

(a) The signature, under oath, of any person who performed	411
the analysis;	412

(b) Any findings as to the identity and quantity of alcohol,	413
a drug of abuse, a controlled substance, a metabolite of a	414
controlled substance, or a combination of them that was found;	415

(c) A copy of a notarized statement by the laboratory	416
director or a designee of the director that contains the name of	417
each certified analyst or test performer involved with the report,	418
the analyst's or test performer's employment relationship with the	419
laboratory that issued the report, and a notation that performing	420
an analysis of the type involved is part of the analyst's or test	421
performer's regular duties;	422

(d) An outline of the analyst's or test performer's	423
education, training, and experience in performing the type of	424
analysis involved and a certification that the laboratory	425
satisfies appropriate quality control standards in general and, in	426
this particular analysis, under rules of the department of health.	427

(2) Notwithstanding any other provision of law regarding the	428
admission of evidence, a report of the type described in division	429
(F)(1) of this section is not admissible against the defendant or	430
child to whom it pertains in any proceeding, other than a	431
preliminary hearing or a grand jury proceeding, unless the	432
prosecutor has served a copy of the report on the defendant's or	433
child's attorney or, if the defendant or child has no attorney, on	434
the defendant or child.	435

(3) A report of the type described in division (F)(1) of this	436
section shall not be prima-facie evidence of the contents,	437
identity, or amount of any substance if, within seven days after	438
the defendant or child to whom the report pertains or the	439
defendant's or child's attorney receives a copy of the report, the	440
defendant or child or the defendant's or child's attorney demands	441
the testimony of the person who signed the report. The judge in	442
the case may extend the seven-day time limit in the interest of	443
justice.	444

(G) Except as otherwise provided in this division, any	445
physician, registered nurse, or qualified technician, chemist, or	446
phlebotomist who withdraws blood from a person pursuant to this	447
section or section 1547.111 of the Revised Code, and a hospital,	448
first-aid station, or clinic at which blood is withdrawn from a	449
person pursuant to this section or section 1547.111 of the Revised	450
Code, is immune from criminal and civil liability based upon a	451
claim of assault and battery or any other claim that is not a	452
claim of malpractice, for any act performed in withdrawing blood	453
from the person. The immunity provided in this division is not	454
available to a person who withdraws blood if the person engages in	455
willful or wanton misconduct.	456

(H) Division (A)(6) of this section does not apply to a	457
person who operates or is in physical control of a vessel underway	458
or manipulates any water skis, aquaplane, or similar device while	459
the person has a concentration of a listed controlled substance or	460
a listed metabolite of a controlled substance in the person's	461
whole blood, blood serum or plasma, or urine that equals or	462
exceeds the amount specified in that division, if both of the	463
following apply:	464

(1) The person obtained the controlled substance pursuant to	465
a prescription issued by a licensed health professional authorized	466
to prescribe drugs.	467

(2) The person injected, ingested, or inhaled the controlled	468
substance in accordance with the health professional's directions.	469

(I) As used in this section and section 1547.111 of the	470
Revised Code:	471

(1) "Equivalent offense" has the same meaning as in section	472
4511.181 of the Revised Code.	473

(2) "National highway traffic safety administration" has the	474
same meaning as in section 4511.19 of the Revised Code.	475

(3) "Operate" means that a vessel is being used on the waters	476
in this state when the vessel is not securely affixed to a dock or	477
to shore or to any permanent structure to which the vessel has the	478
right to affix or that a vessel is not anchored in a designated	479
anchorage area or boat camping area that is established by the	480
United States coast guard, this state, or a political subdivision	481
and in which the vessel has the right to anchor.	482

(4) "Controlled substance" and "marihuana" have the same	483
meanings as in section 3719.01 of the Revised Code.	484

(5) "Cocaine" and "L.S.D." have the same meanings as in	485
section 2925.01 of the Revised Code.	486

(6) "Equivalent offense that is watercraft-related" means an	487
equivalent offense that is one of the following:	488

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

489

(b) A violation of a municipal ordinance prohibiting a person	490
from operating or being in physical control of any vessel underway	491
or from manipulating any water skis, aquaplane, or similar device	492
on the waters of this state while under the influence of alcohol,	493
a drug of abuse, or a combination of them or prohibiting a person	494
from operating or being in physical control of any vessel underway	495
or from manipulating any water skis, aquaplane, or similar device	496
on the waters of this state with a prohibited concentration of	497
alcohol, a controlled substance, or a metabolite of a controlled	498
substance in the whole blood, blood serum or plasma, breath, or	499
urine;	500

(c) A violation of an existing or former municipal ordinance,	501
law of another state, or law of the United States that is	502
substantially equivalent to division (A) or (B) of this section;	503

(d) A violation of a former law of this state that was	504
substantially equivalent to division (A) or (B) of this section.	505

Sec. 1547.111.  (A)(1)(a) Any person who operates or is in	506
physical control of a vessel or manipulates any water skis,	507
aquaplane, or similar device upon any waters in this state shall	508
be deemed to have given consent to a chemical test or tests to	509
determine the alcohol, drug of abuse, controlled substance,	510
metabolite of a controlled substance, or combination content of	511
the person's whole blood, blood serum or plasma, breath, or urine	512
if arrested for operating or being in physical control of a vessel	513
or manipulating any water skis, aquaplane, or similar device in	514
violation of section 1547.11 of the Revised Code or a	515
substantially equivalent municipal ordinance.	516

(b) The test or tests under division (A)(1) of this section	517
shall be administered at the request of a law enforcement officer	518
having reasonable grounds to believe the person was operating or	519
in physical control of a vessel or manipulating any water skis,	520
aquaplane, or similar device in violation of section 1547.11 of	521
the Revised Code or a substantially equivalent municipal	522
ordinance. The law enforcement agency by which the officer is	523
employed shall designate which test or tests shall be	524
administered.	525

(2) Any person who is dead or unconscious or who otherwise is	526
in a condition rendering the person incapable of refusal shall be	527
deemed to have consented as provided in division (A)(1) of this	528
section, and the test or tests may be administered, subject to	529
sections 313.12 to 313.16 of the Revised Code.	530

(B)(1) If a law enforcement officer arrests a person for	531
operating or being in physical control of a vessel or manipulating	532
any water skis, aquaplane, or similar device in violation of	533
section 1547.11 of the Revised Code or a substantially equivalent	534
municipal ordinance and if the person previously has been	535
convicted of or pleaded guilty to two or more violations of	536
section 1547.11 of the Revised Code or other equivalent offenses,	537
the law enforcement officer shall request the person to submit,	538
and the person shall submit, to a chemical test or tests of the	539
person's whole blood, blood serum or plasma, breath, or urine for	540
the purpose of determining the alcohol, drug of abuse, controlled	541
substance, metabolite of a controlled substance, or combination	542
content of the person's whole blood, blood serum or plasma,	543
breath, or urine. A law enforcement officer who makes a request	544
pursuant to this division that a person submit to a chemical test	545
or tests is not required to advise the person of the consequences	546
of refusing to submit to the test or tests and is not required to	547
give the person the form described in division (C) of this	548
section, but the officer shall advise the person at the time of	549
the arrest that if the person refuses to take a chemical test the	550
officer may employ whatever reasonable means are necessary to	551
ensure that the person submits to a chemical test of the person's	552
whole blood or blood serum or plasma. The officer shall also	553
advise the person at the time of the arrest that the person may	554
have an independent chemical test taken at the person's own	555
expense. The advice shall be in written form prescribed by the	556
chief of the division of watercraft and shall be read to the	557
person. The form shall contain a statement that the form was	558
shown to the person under arrest and read to the person by the	559
arresting officer. The reading of the form shall be witnessed by	560
one or more persons, and the witnesses shall certify to this fact	561
by signing the form. Divisions (A)(1)(b) and (A)(2) of this	562
section apply to the administration of a chemical test or tests	563
pursuant to this division.	564

(2) If a person refuses to submit to a chemical test upon a	565
request made pursuant to division (B)(1) of this section, the law	566
enforcement officer who made the request may employ whatever	567
reasonable means are necessary to ensure that the person submits	568
to a chemical test of the person's whole blood or blood serum or	569
plasma. A law enforcement officer who acts pursuant to this	570
division to ensure that a person submits to a chemical test of the	571
person's whole blood or blood serum or plasma is immune from	572
criminal and civil liability based upon a claim for assault and	573
battery or any other claim for the acts, unless the officer so	574
acted with malicious purpose, in bad faith, or in a wanton or	575
reckless manner.	576

(C) AnyExcept as provided in division (B) of this section,	577
any person under arrest for violating section 1547.11 of the	578
Revised Code or a substantially equivalent municipal ordinance	579
shall be advised of the consequences of refusing to submit to a	580
chemical test or tests designated as provided in division (A) of	581
this section. The advice shall be in a written form prescribed by	582
the chief of the division of watercraft and shall be read to the	583
person. The form shall contain a statement that the form was shown	584
to the person under arrest and read to the person by the	585
arresting officer. The reading of the form shall be witnessed by	586
one or more persons, and the witnesses shall certify to this fact	587
by signing the form. The person must submit to the chemical test	588
or tests, subsequent to the request of the arresting officer,	589
within two hours of the time of the alleged violation, and if	590
the person does not submit to the test or tests within that	591
two-hour time limit, the failure to submit automatically	592
constitutes a refusal to submit to the test or tests.	593

(D) IfExcept as provided in division (B) of this section, if	594
a law enforcement officer asks a person under arrest for violating	595
section 1547.11 of the Revised Code or a substantially equivalent	596
municipal ordinance to submit to a chemical test or tests as	597
provided in division (A) of this section, if the arresting officer	598
advises the person of the consequences of the person's refusal as	599
provided in division (C) of this section, and if the person	600
refuses to submit, no chemical test shall be given. Upon receipt	601
of a sworn statement of the officer that the arresting law	602
enforcement officer had reasonable grounds to believe the arrested	603
person violated section 1547.11 of the Revised Code or a	604
substantially equivalent municipal ordinance and that the person	605
refused to submit to the chemical test upon the request of the	606
officer, and upon receipt of the form as provided in division (C)	607
of this section certifying that the arrested person was advised of	608
the consequences of the refusal, the chief of the division of	609
watercraft shall inform the person by written notice that the	610
person is prohibited from operating or being in physical control	611
of a vessel, from manipulating any water skis, aquaplane, or	612
similar device, and from registering any watercraft in accordance	613
with section 1547.54 of the Revised Code, for one year following	614
the date of the alleged violation. The suspension of these	615
operation, physical control, manipulation, and registration	616
privileges shall continue for the entire one-year period, subject	617
to review as provided in this section.	618

If the person under arrest is the owner of the vessel	619
involved in the alleged violation, the law enforcement officer who	620
arrested the person shall seize the watercraft registration	621
certificate and tags from the vessel involved in the violation and	622
forward them to the chief. The chief shall retain the impounded	623
registration certificate and tags and shall impound all other	624
registration certificates and tags issued to the person in	625
accordance with sections 1547.54 and 1547.57 of the Revised Code,	626
for a period of one year following the date of the alleged	627
violation, subject to review as provided in this section.	628

If the arrested person fails to surrender the registration	629
certificate because it is not on the person of the arrested person	630
or in the watercraft, the law enforcement officer who made the	631
arrest shall order the person to surrender it within twenty-four	632
hours to the law enforcement officer or the law enforcement agency	633
that employs the law enforcement officer. If the person fails to	634
do so, the law enforcement officer shall notify the chief of that	635
fact in the statement the officer submits to the chief under this	636
division.	637

(E) Upon suspending a person's operation, physical control,	638
manipulation, and registration privileges in accordance with	639
division (D) of this section, the chief shall notify the person in	640
writing, at the person's last known address, and inform the person	641
that the person may petition for a hearing in accordance with	642
division (F) of this section. If a person whose operation,	643
physical control, manipulation, and registration privileges have	644
been suspended petitions for a hearing or appeals any adverse	645
decision, the suspension shall begin at the termination of any	646
hearing or appeal unless the hearing or appeal results in a	647
decision favorable to the person.	648

(F) Any person who has been notified by the chief that the	649
person is prohibited from operating or being in physical control	650
of a vessel or manipulating any water skis, aquaplane, or similar	651
device and from registering any watercraft in accordance with	652
section 1547.54 of the Revised Code, or who has had the	653
registration certificate and tags of the person's watercraft	654
impounded pursuant to division (D) of this section, within twenty	655
days of the notification or impoundment, may file a petition in	656
the municipal court or the county court, or if the person is a	657
minor in juvenile court, with jurisdiction over the place at which	658
the arrest occurred, agreeing to pay the cost of the proceedings	659
and alleging error in the action taken by the chief under division	660
(D) of this section or alleging one or more of the matters within	661
the scope of the hearing as provided in this section, or both. The	662
petitioner shall notify the chief of the filing of the petition	663
and send the chief a copy of the petition.	664

The scope of the hearing is limited to the issues of whether	665
the law enforcement officer had reasonable grounds to believe the	666
petitioner was operating or in physical control of a vessel or	667
manipulating any water skis, aquaplane, or similar device in	668
violation of section 1547.11 of the Revised Code or a	669
substantially equivalent municipal ordinance, whether the	670
petitioner was placed under arrest, whether the petitioner refused	671
to submit to the chemical test upon request of the officer, and	672
whether the petitioner was advised of the consequences of the	673
petitioner's refusal.	674

(G)(1) The chief shall furnish the court a copy of the	675
affidavit as provided in division (C) of this section and any	676
other relevant information requested by the court.	677

(2) In hearing the matter and in determining whether the	678
person has shown error in the decision taken by the chief as	679
provided in division (D) of this section, the court shall decide	680
the issue upon the relevant, competent, and material evidence	681
submitted by the chief or the person whose operation, physical	682
control, manipulation, and registration privileges have been	683
suspended.	684

In the proceedings, the chief shall be represented by the	685
prosecuting attorney of the county in which the petition is filed	686
if the petition is filed in a county court or juvenile court,	687
except that if the arrest occurred within a city or village within	688
the jurisdiction of the county court in which the petition is	689
filed, the city director of law or village solicitor of that city	690
or village shall represent the chief. If the petition is filed in	691
the municipal court, the chief shall be represented as provided in	692
section 1901.34 of the Revised Code.	693

(3) If the court finds from the evidence submitted that the	694
person has failed to show error in the action taken by the chief	695
under division (D) of this section or in one or more of the	696
matters within the scope of the hearing as provided in division	697
(F) of this section, or both, the court shall assess the cost of	698
the proceeding against the person and shall uphold the suspension	699
of the operation, physical control, use, and registration	700
privileges provided in division (D) of this section. If the court	701
finds that the person has shown error in the action taken by the	702
chief under division (D) of this section or in one or more of the	703
matters within the scope of the hearing as provided in division	704
(F) of this section, or both, the cost of the proceedings shall be	705
paid out of the county treasury of the county in which the	706
proceedings were held, the chief shall reinstate the operation,	707
physical control, manipulation, and registration privileges of the	708
person without charge, and the chief shall return the registration	709
certificate and tags, if impounded, without charge.	710

(4) The court shall give information in writing of any action	711
taken under this section to the chief.	712

(H) At the end of any period of suspension or impoundment	713
imposed under this section, and upon request of the person whose	714
operation, physical control, use, and registration privileges were	715
suspended or whose registration certificate and tags were	716
impounded, the chief shall reinstate the person's operation,	717
physical control, manipulation, and registration privileges by	718
written notice and return the certificate and tags.	719

(I) No person who has received written notice from the chief	720
that the person is prohibited from operating or being in physical	721
control of a vessel, from manipulating any water skis, aquaplane,	722
or similar device, and from registering a watercraft, or who has	723
had the registration certificate and tags of the person's	724
watercraft impounded, in accordance with division (D) of this	725
section, shall operate or be in physical control of a vessel or	726
manipulate any water skis, aquaplane, or similar device for a	727
period of one year following the date of the person's alleged	728
violation of section 1547.11 of the Revised Code or the	729
substantially equivalent municipal ordinance.	730

Sec. 2725.27.  The forfeitures mentioned in sections 2725.21	731
to 2725.24, inclusive, of the Revised Code, may be recovered by	732
the party aggrieved or histhe executors or administrators of the	733
party aggrieved against the offender or histhe offender's	734
executors or administrators by civil action in a court having	735
cognizance thereof.	736

Actions for violations of sections 2725.21 to 2725.25,	737
inclusive,2725.24 of the Revised Code, shall be brought within	738
two years after the offense is committed, except in cases of	739
imprisonment of the party aggrieved, when action may be brought	740
within two years after histhe delivery of the party aggrieved out	741
of prison, or after his deceasedeath if hethe party aggrieved	742
dies in prison.	743

Sec. 2903.06.  (A) No person, while operating or	744
participating in the operation of a motor vehicle, motorcycle,	745
snowmobile, locomotive, watercraft, or aircraft, shall cause the	746
death of another or the unlawful termination of another's	747
pregnancy in any of the following ways:	748

(1)(a) As the proximate result of committing a violation of	749
division (A) of section 4511.19 of the Revised Code or of a	750
substantially equivalent municipal ordinance;	751

(b) As the proximate result of committing a violation of	752
division (A) of section 1547.11 of the Revised Code or of a	753
substantially equivalent municipal ordinance;	754

(c) As the proximate result of committing a violation of	755
division (A)(3) of section 4561.15 of the Revised Code or of a	756
substantially equivalent municipal ordinance.	757

(2) In one of the following ways:

758

(a) Recklessly;

759

(b) As the proximate result of committing, while operating or	760
participating in the operation of a motor vehicle or motorcycle in	761
a construction zone, a reckless operation offense, provided that	762
this division applies only if the person whose death is caused or	763
whose pregnancy is unlawfully terminated is in the construction	764
zone at the time of the offender's commission of the reckless	765
operation offense in the construction zone and does not apply as	766
described in division (F) of this section.	767

(3) In one of the following ways:

768

(a) Negligently;

769

(b) As the proximate result of committing, while operating or	770
participating in the operation of a motor vehicle or motorcycle in	771
a construction zone, a speeding offense, provided that this	772
division applies only if the person whose death is caused or whose	773
pregnancy is unlawfully terminated is in the construction zone at	774
the time of the offender's commission of the speeding offense in	775
the construction zone and does not apply as described in division	776
(F) of this section.	777

(4) As the proximate result of committing a violation of any	778
provision of any section contained in Title XLV of the Revised	779
Code that is a minor misdemeanor or of a municipal ordinance that,	780
regardless of the penalty set by ordinance for the violation, is	781
substantially equivalent to any provision of any section contained	782
in Title XLV of the Revised Code that is a minor misdemeanor.	783

(B)(1) Whoever violates division (A)(1) or (2) of this	784
section is guilty of aggravated vehicular homicide and shall be	785
punished as provided in divisions (B)(2) and (3) of this section.	786

(2)(a) Except as otherwise provided in division (B)(2)(b) or	787
(c) of this section, aggravated vehicular homicide committed in	788
violation of division (A)(1) of this section is a felony of the	789
second degree and the court shall impose a mandatory prison term	790
on the offender as described in division (E) of this section.	791

(b) Except as otherwise provided in division (B)(2)(c) of	792
this section, aggravated vehicular homicide committed in violation	793
of division (A)(1) of this section is a felony of the first	794
degree, and the court shall impose a mandatory prison term on the	795
offender as described in division (E) of this section, if any of	796
the following apply:	797

(i) At the time of the offense, the offender was driving	798
under a suspension or cancellation imposed under Chapter 4510. or	799
any other provision of the Revised Code or was operating a motor	800
vehicle or motorcycle, did not have a valid driver's license,	801
commercial driver's license, temporary instruction permit,	802
probationary license, or nonresident operating privilege, and was	803
not eligible for renewal of the offender's driver's license or	804
commercial driver's license without examination under section	805
4507.10 of the Revised Code.	806

(ii) The offender previously has been convicted of or pleaded	807
guilty to a violation of this section.	808

(iii) The offender previously has been convicted of or	809
pleaded guilty to any traffic-related homicide, manslaughter, or	810
assault offense.	811

(c) Aggravated vehicular homicide committed in violation of	812
division (A)(1) of this section is a felony of the first degree,	813
and the court shall sentence the offender to a mandatory prison	814
term as provided in section 2929.142 of the Revised Code and	815
described in division (E) of this section if any of the following	816
apply:	817

(i) The offender previously has been convicted of or pleaded	818
guilty to three or more prior violations of section 4511.19 of the	819
Revised Code or of a substantially equivalent municipal ordinance	820
within the previous six years.	821

(ii) The offender previously has been convicted of or pleaded	822
guilty to three or more prior violations of division (A) of	823
section 1547.11 of the Revised Code or of a substantially	824
equivalent municipal ordinance within the previous six years.	825

(iii) The offender previously has been convicted of or	826
pleaded guilty to three or more prior violations of division	827
(A)(3) of section 4561.15 of the Revised Code or of a	828
substantially equivalent municipal ordinance within the previous	829
six years.	830

(iv) The offender previously has been convicted of or pleaded	831
guilty to three or more prior violations of division (A)(1) of	832
this section within the previous six years.	833

(v) The offender previously has been convicted of or pleaded	834
guilty to three or more prior violations of division (A)(1) of	835
section 2903.08 of the Revised Code within the previous six years.	836

(vi) The offender previously has been convicted of or pleaded	837
guilty to three or more prior violations of section 2903.04 of the	838
Revised Code within the previous six years in circumstances in	839
which division (D) of that section applied regarding the	840
violations.	841

(vii) The offender previously has been convicted of or	842
pleaded guilty to three or more violations of any combination of	843
the offenses listed in division (B)(2)(c)(i), (ii), (iii), (iv),	844
(v), or (vi) of this section within the previous six years.	845

(viii) The offender previously has been convicted of or	846
pleaded guilty to a second or subsequent felony violation of	847
division (A) of section 4511.19 of the Revised Code.	848

(d) In addition to any other sanctions imposed pursuant to	849
division (B)(2)(a), (b), or (c) of this section for aggravated	850
vehicular homicide committed in violation of division (A)(1) of	851
this section, the court shall impose upon the offender a class one	852
suspension of the offender's driver's license, commercial driver's	853
license, temporary instruction permit, probationary license, or	854
nonresident operating privilege as specified in division (A)(1) of	855
section 4510.02 of the Revised Code.	856

(3) Except as otherwise provided in this division, aggravated	857
vehicular homicide committed in violation of division (A)(2) of	858
this section is a felony of the third degree. Aggravated vehicular	859
homicide committed in violation of division (A)(2) of this section	860
is a felony of the second degree if, at the time of the offense,	861
the offender was driving under a suspension or cancellation	862
imposed under Chapter 4510. or any other provision of the Revised	863
Code or was operating a motor vehicle or motorcycle, did not have	864
a valid driver's license, commercial driver's license, temporary	865
instruction permit, probationary license, or nonresident	866
operating privilege, and was not eligible for renewal of the	867
offender's driver's license or commercial driver's license without	868
examination under section 4507.10 of the Revised Code or if the	869
offender previously has been convicted of or pleaded guilty to a	870
violation of this section or any traffic-related homicide,	871
manslaughter, or assault offense. The court shall impose a	872
mandatory prison term on the offender when required by division	873
(E) of this section.	874

In addition to any other sanctions imposed pursuant to this	875
division for a violation of division (A)(2) of this section, the	876
court shall impose upon the offender a class two suspension of the	877
offender's driver's license, commercial driver's license,	878
temporary instruction permit, probationary license, or nonresident	879
operating privilege from the range specified in division (A)(2) of	880
section 4510.02 of the Revised Code or, if the offender previously	881
has been convicted of or pleaded guilty to a traffic-related	882
murder, felonious assault, or attempted murder offense, a class	883
one suspension of the offender's driver's license, commercial	884
driver's license, temporary instruction permit, probationary	885
license, or nonresident operating privilege as specified in	886
division (A)(1) of that section.	887

(C) Whoever violates division (A)(3) of this section is	888
guilty of vehicular homicide. Except as otherwise provided in this	889
division, vehicular homicide is a misdemeanor of the first degree.	890
Vehicular homicide committed in violation of division (A)(3) of	891
this section is a felony of the fourth degree if, at the time of	892
the offense, the offender was driving under a suspension or	893
revocationcancellation imposed under Chapter 4507.4510. or any	894
other provision of the Revised Code or was operating a motor	895
vehicle or motorcycle, did not have a valid driver's license,	896
commercial driver's license, temporary instruction permit,	897
probationary license, or nonresident operating privilege, and was	898
not eligible for renewal of the offender's driver's license or	899
commercial driver's license without examination under section	900
4507.10 of the Revised Code or if the offender previously has been	901
convicted of or pleaded guilty to a violation of this section or	902
any traffic-related homicide, manslaughter, or assault offense.	903
The court shall impose a mandatory jail term or a mandatory	904
prison term on the offender when required by division (E) of this	905
section.	906

In addition to any other sanctions imposed pursuant to this	907
division, the court shall impose upon the offender a class four	908
suspension of the offender's driver's license, commercial driver's	909
license, temporary instruction permit, probationary license, or	910
nonresident operating privilege from the range specified in	911
division (A)(4) of section 4510.02 of the Revised Code, or, if the	912
offender previously has been convicted of or pleaded guilty to a	913
violation of this section or any traffic-related homicide,	914
manslaughter, or assault offense, a class three suspension of the	915
offender's driver's license, commercial driver's license,	916
temporary instruction permit, probationary license, or nonresident	917
operating privilege from the range specified in division (A)(3) of	918
that section, or, if the offender previously has been convicted of	919
or pleaded guilty to a traffic-related murder, felonious assault,	920
or attempted murder offense, a class two suspension of the	921
offender's driver's license, commercial driver's license,	922
temporary instruction permit, probationary license, or nonresident	923
operating privilege as specified in division (A)(2) of that	924
section.	925

(D) Whoever violates division (A)(4) of this section is	926
guilty of vehicular manslaughter. Except as otherwise provided in	927
this division, vehicular manslaughter is a misdemeanor of the	928
second degree. Vehicular manslaughter is a misdemeanor of the	929
first degree if, at the time of the offense, the offender was	930
driving under a suspension or cancellation imposed under Chapter	931
4510. or any other provision of the Revised Code or was operating	932
a motor vehicle or motorcycle, did not have a valid driver's	933
license, commercial driver's license, temporary instruction	934
permit, probationary license, or nonresident operating privilege,	935
and was not eligible for renewal of the offender's driver's	936
license or commercial driver's license without examination under	937
section 4507.10 of the Revised Code or if the offender previously	938
has been convicted of or pleaded guilty to a violation of this	939
section or any traffic-related homicide, manslaughter, or assault	940
offense.	941

In addition to any other sanctions imposed pursuant to this	942
division, the court shall impose upon the offender a class six	943
suspension of the offender's driver's license, commercial driver's	944
license, temporary instruction permit, probationary license, or	945
nonresident operating privilege from the range specified in	946
division (A)(6) of section 4510.02 of the Revised Code or, if the	947
offender previously has been convicted of or pleaded guilty to a	948
violation of this section, any traffic-related homicide,	949
manslaughter, or assault offense, or a traffic-related murder,	950
felonious assault, or attempted murder offense, a class four	951
suspension of the offender's driver's license, commercial driver's	952
license, temporary instruction permit, probationary license, or	953
nonresident operating privilege from the range specified in	954
division (A)(4) of that section.	955

(E) The court shall impose a mandatory prison term on an	956
offender who is convicted of or pleads guilty to a violation of	957
division (A)(1) of this section. If division (B)(2)(c)(i), (ii),	958
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies	959
to an offender who is convicted of or pleads guilty to the	960
violation of division (A)(1) of this section, the court shall	961
impose the mandatory prison term pursuant to section 2929.142 of	962
the Revised Code. The court shall impose a mandatory jail term of	963
at least fifteen days on an offender who is convicted of or pleads	964
guilty to a misdemeanor violation of division (A)(3)(b) of this	965
section and may impose upon the offender a longer jail term as	966
authorized pursuant to section 2929.24 of the Revised Code. The	967
court shall impose a mandatory prison term on an offender who is	968
convicted of or pleads guilty to a violation of division (A)(2) or	969
(3)(a) of this section or a felony violation of division (A)(3)(b)	970
of this section if either of the following applies:	971

(1) The offender previously has been convicted of or pleaded	972
guilty to a violation of this section or section 2903.08 of the	973
Revised Code.	974

(2) At the time of the offense, the offender was driving	975
under suspension or cancellation under Chapter 4510. or any other	976
provision of the Revised Code or was operating a motor vehicle or	977
motorcycle, did not have a valid driver's license, commercial	978
driver's license, temporary instruction permit, probationary	979
license, or nonresident operating privilege, and was not eligible	980
for renewal of the offender's driver's license or commercial	981
driver's license without examination under section 4507.10 of the	982
Revised Code.	983

(F) Divisions (A)(2)(b) and (3)(b) of this section do not	984
apply in a particular construction zone unless signs of the type	985
described in section 2903.081 of the Revised Code are erected in	986
that construction zone in accordance with the guidelines and	987
design specifications established by the director of	988
transportation under section 5501.27 of the Revised Code. The	989
failure to erect signs of the type described in section 2903.081	990
of the Revised Code in a particular construction zone in	991
accordance with those guidelines and design specifications does	992
not limit or affect the application of division (A)(1), (A)(2)(a),	993
(A)(3)(a), or (A)(4) of this section in that construction zone or	994
the prosecution of any person who violates any of those divisions	995
in that construction zone.	996

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

997

(a) "Mandatory prison term" and "mandatory jail term" have	998
the same meanings as in section 2929.01 of the Revised Code.	999

(b) "Traffic-related homicide, manslaughter, or assault	1000
offense" means a violation of section 2903.04 of the Revised Code	1001
in circumstances in which division (D) of that section applies, a	1002
violation of section 2903.06 or 2903.08 of the Revised Code, or a	1003
violation of section 2903.06, 2903.07, or 2903.08 of the Revised	1004
Code as they existed prior to March 23, 2000.	1005

(c) "Construction zone" has the same meaning as in section	1006
5501.27 of the Revised Code.	1007

(d) "Reckless operation offense" means a violation of	1008
section 4511.20 of the Revised Code or a municipal ordinance	1009
substantially equivalent to section 4511.20 of the Revised Code.	1010

(e) "Speeding offense" means a violation of section 4511.21	1011
of the Revised Code or a municipal ordinance pertaining to speed.	1012

(f) "Traffic-related murder, felonious assault, or attempted	1013
murder offense" means a violation of section 2903.01 or 2903.02 of	1014
the Revised Code in circumstances in which the offender used a	1015
motor vehicle as the means to commit the violation, a violation of	1016
division (A)(2) of section 2903.11 of the Revised Code in	1017
circumstances in which the deadly weapon used in the commission of	1018
the violation is a motor vehicle, or an attempt to commit	1019
aggravated murder or murder in violation of section 2923.02 of the	1020
Revised Code in circumstances in which the offender used a motor	1021
vehicle as the means to attempt to commit the aggravated murder or	1022
murder.	1023

(g) "Motor vehicle" has the same meaning as in section	1024
4501.01 of the Revised Code.	1025

(2) For the purposes of this section, when a penalty or	1026
suspension is enhanced because of a prior or current violation of	1027
a specified law or a prior or current specified offense, the	1028
reference to the violation of the specified law or the specified	1029
offense includes any violation of any substantially equivalent	1030
municipal ordinance, former law of this state, or current or	1031
former law of another state or the United States.	1032

Sec. 2949.094. (A) The court in which any person is	1033
convicted of or pleads guilty to any moving violation shall	1034
impose an additional court cost of ten dollars upon the offender.	1035
The court shall not waive the payment of the ten dollars unless	1036
the court determines that the offender is indigent and waives the	1037
payment of all court costs imposed upon the indigent offender.	1038

The clerk of the court shall transmit thirty-five per cent of	1039
all additional court costs collected pursuant to this division	1040
during a month on or before the twenty-third day of the	1041
following month to the division of criminal justice services,	1042
and the division of criminal justice services shall deposit the	1043
money so transmitted into the drug law enforcement fund created	1044
under section 5502.68 of the Revised Code. The clerk shall	1045
transmit fifteen per cent of all additional court costs so	1046
collected during a month on or before the twenty-third day of the	1047
following month to the state treasury to be credited to the	1048
county or municipal indigent drivers alcohol treatment fund under	1049
the control of that court, as created by the county or municipal	1050
corporation under division (H) of section 4511.191 of the Revised	1051
Code and to be distributed by the department of alcohol and drug	1052
addiction services as provided in division (H) of that section.	1053
The clerk shall transmit fifty per cent of all additional court	1054
costs so collected during a month on or before the twenty-third	1055
day of the following month to the state treasury to be credited	1056
to the indigent defense support fund created pursuant to section	1057
120.08 of the Revised Code.	1058

(B) The juvenile court in which a child is found to be a	1059
juvenile traffic offender for an act that is a moving violation	1060
shall impose an additional court cost of ten dollars upon the	1061
juvenile traffic offender. The juvenile court shall not waive the	1062
payment of the ten dollars unless the court determines that the	1063
juvenile is indigent and waives the payment of all court costs	1064
imposed upon the indigent offender.	1065

The clerk of the court shall transmit thirty-five per cent of	1066
all additional court costs collected pursuant to this division	1067
during a month on or before the twenty-third day of the	1068
following month to the division of criminal justice services,	1069
and the division of criminal justice services shall deposit the	1070
money so transmitted into the drug law enforcement fund created	1071
under section 5502.68 of the Revised Code. The clerk shall	1072
transmit fifteen per cent of all additional court costs so	1073
collected during a month on or before the twenty-third day of the	1074
following month to the state treasury to be credited to the	1075
county juvenile indigent drivers alcohol treatment fund under the	1076
control of that court, as created by the county under that	1077
division (H) of section 4511.191 of the Revised Code and to be	1078
distributed by the department of alcohol and drug addiction	1079
services as provided in division (H) of that section. The clerk	1080
shall transmit fifty per cent of all additional court costs so	1081
collected during a month on or before the twenty-third day of	1082
the following month to the state treasury to be credited to the	1083
indigent defense support fund created pursuant to section 120.08	1084
of the Revised Code.	1085

(C) Whenever a person is charged with any offense that is a	1086
moving violation and posts bail, the court shall add to the amount	1087
of the bail the ten dollars required to be paid by division (A)	1088
of this section. The clerk of the court shall retain the ten	1089
dollars until the person is convicted, pleads guilty, forfeits	1090
bail, is found not guilty, or has the charges dismissed. If the	1091
person is convicted, pleads guilty, or forfeits bail, the clerk	1092
shall transmit three dollars and fifty cents out of the ten	1093
dollars to the division of criminal justice services, and the	1094
division of criminal justice services shall deposit the money so	1095
transmitted into the drug law enforcement fund created under	1096
section 5502.68 of the Revised Code, the clerk shall transmit one	1097
dollar and fifty cents out of the ten dollars to the state	1098
treasury to be credited to thecounty, municipal, or county	1099
juvenile indigent drivers alcohol treatment fund under the	1100
control of that court, as created by the county or municipal	1101
corporation under division (H) of section 4511.191 of the Revised	1102
Code and to be distributed by the department of alcohol and drug	1103
addiction services as provided in division (H) of that section,	1104
and the clerk shall transmit five dollars out of the ten dollars	1105
to the state treasury to be credited to the indigent defense	1106
support fund created under section 120.08 of the Revised Code.	1107
If the person is found not guilty or the charges are	1108
dismissed, the clerk shall return the ten dollars to the	1109
person.	1110

(D) No person shall be placed or held in a detention facility	1111
for failing to pay the court cost or bail that is required to be	1112
paid by this section.	1113

(E) As used in this section:

1114

(1) "Bail" and "moving violation" have the same meanings as	1115
in section 2949.093 of the Revised Code.	1116

(2) "Detention facility" has the same meaning as in section	1117
2921.01 of the Revised Code.	1118

(3) "Division of criminal justice services" means the	1119
division of criminal justice services of the department of public	1120
safety, created by section 5502.62 of the Revised Code.	1121

Sec. 3719.41.  Controlled substance schedules I, II, III, IV,	1122
and V are hereby established, which schedules include the	1123
following, subject to amendment pursuant to section 3719.43 or	1124
3719.44 of the Revised Code.	1125

SCHEDULE I	1126

(A) Narcotics-opiates

1127

Any of the following opiates, including their isomers,	1128
esters, ethers, salts, and salts of isomers, esters, and ethers,	1129
unless specifically excepted under federal drug abuse control	1130
laws, whenever the existence of these isomers, esters, ethers, and	1131
salts is possible within the specific chemical designation:	1132

(1) Acetyl-alpha-methylfentanyl	1133
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	1134

(2) Acetylmethadol;

1135

(3) Allylprodine;

1136

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	1137
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	1138
LAAM);	1139

(5) Alphameprodine;

1140

(6) Alphamethadol;

1141

(7) Alpha-methylfentanyl	1142
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	1143
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	1144

(8) Alpha-methylthiofentanyl	1145
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	1146
phenylpropanamide);	1147

(9) Benzethidine;

1148

(10) Betacetylmethadol;

1149

(11) Beta-hydroxyfentanyl	1150
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	1151

(12) Beta-hydroxy-3-methylfentanyl (other name:	1152
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	1153
phenylpropanamide);	1154

(13) Betameprodine;

1155

(14) Betamethadol;

1156

(15) Betaprodine;

1157

(16) Clonitazene;

1158

(17) Dextromoramide;

1159

(18) Diampromide;

1160

(19) Diethylthiambutene;

1161

(20) Difenoxin;

1162

(21) Dimenoxadol;

1163

(22) Dimepheptanol;

1164

(23) Dimethylthiambutene;

1165

(24) Dioxaphetyl butyrate;

1166

(25) Dipipanone;

1167

(26) Ethylmethylthiambutene;

1168

(27) Etonitazene;

1169

(28) Etoxeridine;

1170

(29) Furethidine;

1171

(30) Hydroxypethidine;

1172

(31) Ketobemidone;

1173

(32) Levomoramide;

1174

(33) Levophenacylmorphan;

1175

(34) 3-methylfentanyl	1176
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-	1177
phenylpropanamide):;	1178

(35) 3-methylthiofentanyl	1179
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	1180
phenylpropanamide);	1181

(36) Morpheridine;

1182

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

1183

(38) Noracymethadol;

1184

(39) Norlevorphanol;

1185

(40) Normethadone;

1186

(41) Norpipanone;

1187

(42) Para-fluorofentanyl	1188
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	1189

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

1190

(44) Phenadoxone;

1191

(45) Phenampromide;

1192

(46) Phenomorphan;

1193

(47) Phenoperidine;

1194

(48) Piritramide;

1195

(49) Proheptazine;

1196

(50) Properidine;

1197

(51) Propiram;

1198

(52) Racemoramide;

1199

(53) Thiofentanyl	1200
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	1201

(54) Tilidine;

1202

(55) Trimeperidine.

1203

(B) Narcotics-opium derivatives

1204

Any of the following opium derivatives, including their	1205
salts, isomers, and salts of isomers, unless specifically excepted	1206
under federal drug abuse control laws, whenever the existence of	1207
these salts, isomers, and salts of isomers is possible within the	1208
specific chemical designation:	1209

(1) Acetorphine;

1210

(2) Acetyldihydrocodeine;

1211

(3) Benzylmorphine;

1212

(4) Codeine methylbromide;

1213

(5) Codeine-n-oxide;

1214

(6) Cyprenorphine;

1215

(7) Desomorphine;

1216

(8) Dihydromorphine;

1217

(9) Drotebanol;

1218

(10) Etorphine (except hydrochloride salt);

1219

(11) Heroin;

1220

(12) Hydromorphinol;

1221

(13) Methyldesorphine;

1222

(14) Methyldihydromorphine;

1223

(15) Morphine methylbromide;

1224

(16) Morphine methylsulfonate;

1225

(17) Morphine-n-oxide;

1226

(18) Myrophine;

1227

(19) Nicocodeine;

1228

(20) Nicomorphine;

1229

(21) Normorphine;

1230

(22) Pholcodine;

1231

(23) Thebacon.

1232

(C) Hallucinogens

1233

Any material, compound, mixture, or preparation that contains	1234
any quantity of the following hallucinogenic substances, including	1235
their salts, isomers, and salts of isomers, unless specifically	1236
excepted under federal drug abuse control laws, whenever the	1237
existence of these salts, isomers, and salts of isomers is	1238
possible within the specific chemical designation. For the	1239
purposes of this division only, "isomer" includes the optical	1240
isomers, position isomers, and geometric isomers.	1241

(1) Alpha-ethyltryptamine (some trade or other names:	1242
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	1243
3-(2-aminobutyl) indole; alpha-ET; and AET);	1244

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	1245
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	1246
4-bromo-2,5-DMA);	1247

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	1248
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	1249
alpha-desmethyl DOB; 2C-B, Nexus);	1250

(4) 2,5-dimethoxyamphetamine (some trade or other names:	1251
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	1252

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	1253
names: DOET);	1254

(6) 4-methoxyamphetamine (some trade or other names:	1255
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	1256
PMA);	1257

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

1258

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	1259
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	1260
and "STP");	1261

(9) 3,4-methylenedioxy amphetamine;

1262

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

1263

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	1264
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	1265
MDA, MDE, MDEA);	1266

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	1267
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	1268
N-hydroxy MDA);	1269

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

1270

(14) Bufotenine (some trade or other names:	1271
3-(beta-dimethylaminoethyl)-5-hydroxyindole:;	1272
3-(2-dimethylaminoethyl)-5-indolol:; N, N-dimethylserotonin;	1273
5-hydroxy-N, N-dimethyltryptamine; mappine);	1274

(15) Diethyltryptamine (some trade or other names: N,	1275
N-diethyltryptamine; DET);	1276

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

1277

(17) Ibogaine (some trade or other names:	1278
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	1279
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	1280

(18) Lysergic acid diethylamide;

1281

(19) Marihuana;

1282

(20) Mescaline;

1283

(21) Parahexyl (some trade or other names: 3-hexyl-1-	1284
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	1285
synhexyl);	1286

(22) Peyote (meaning all parts of the plant presently	1287
classified botanically as "Lophophora williamsii Lemaire," whether	1288
growing or not, the seeds of that plant, any extract from any part	1289
of that plant, and every compound, manufacture, salts, derivative,	1290
mixture, or preparation of that plant, its seeds, or its	1291
extracts);	1292

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

1293

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

1294

(25) Psilocybin;

1295

(26) Psilocyn;

1296

(27) Tetrahydrocannabinols (synthetic equivalents of the	1297
substances contained in the plant, or in the resinous extractives	1298
of Cannabis, sp. and/or synthetic substances, derivatives, and	1299
their isomers with similar chemical structure and pharmacological	1300
activity such as the following: delta-1-cis or trans	1301
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	1302
trans tetrahydrocannabinol, and their optical isomers;	1303
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	1304
isomers. (Since nomenclature of these substances is not	1305
internationally standardized, compounds of these structures,	1306
regardless of numerical designation of atomic positions, are	1307
covered.));	1308

(28) Ethylamine analog of phencyclidine (some trade or other	1309
names: N-ethyl-1-phenylcyclohexylamine; (1-phenyl-cyclohexyl	1310
phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	1311
cyclohexamine; PCE);	1312

(29) Pyrrolidine analog of phencyclidine (some trade or other	1313
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	1314

(30) Thiophene analog of phencyclidine (some trade or other	1315
names: 1-t[1-(2-thienyl)-cyclohexylu]-piperidine; 2-thienyl	1316
analog of phencyclidine; TPCP; TCP);	1317

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

1318

(32) Hashish;

1319

(33) Salvia divinorum;

1320

(34) Salvinorin A.

1321

(D) Depressants

1322

Any material, compound, mixture, or preparation that contains	1323
any quantity of the following substances having a depressant	1324
effect on the central nervous system, including their salts,	1325
isomers, and salts of isomers, unless specifically excepted under	1326
federal drug abuse control laws, whenever the existence of these	1327
salts, isomers, and salts of isomers is possible within the	1328
specific chemical designation:	1329

(1) Mecloqualone;

1330

(2) Methaqualone.

1331

(E) Stimulants

1332

Unless specifically excepted or unless listed in another	1333
schedule, any material, compound, mixture, or preparation that	1334
contains any quantity of the following substances having a	1335
stimulant effect on the central nervous system, including their	1336
salts, isomers, and salts of isomers:	1337

(1) Aminorex (some other names: aminoxaphen;	1338
2-amino-5-phenyl-2-oxazoline; or	1339
4,5-dihydro-5-phenyl-2-oxazolamine);	1340

(2) Cathinone (some trade or other names:	1341
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	1342
2-aminopropiophenone, and norephedrone);	1343

(3) Fenethylline;

1344

(4) Methcathinone (some other names:	1345
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	1346
2-methylamino)-1-phenylpropan-1-one;	1347
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	1348
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	1349
UR1432), its salts, optical isomers, and salts of optical isomers;	1350

(5) (+/-)cis-4-methylaminorex	1351
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	1352

(6) N-ethylamphetamine;

1353

(7) N,N-dimethylamphetamine (also known as	1354
N,N-alpha-trimethyl-benzeneethanamine;	1355
N,N-alpha-trimethylphenethylamine).	1356

SCHEDULE II	1357

(A) Narcotics-opium and opium derivatives

1358

Unless specifically excepted under federal drug abuse control	1359
laws or unless listed in another schedule, any of the following	1360
substances whether produced directly or indirectly by extraction	1361
from substances of vegetable origin, independently by means of	1362
chemical synthesis, or by a combination of extraction and chemical	1363
synthesis:	1364

(1) Opium and opiate, and any salt, compound, derivative, or	1365
preparation of opium or opiate, excluding apomorphine,	1366
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	1367
naloxone, and naltrexone, and their respective salts, but	1368
including the following:	1369

(a) Raw opium;

1370

(b) Opium extracts;

1371

(c) Opium fluid extracts;

1372

(d) Powdered opium;

1373

(e) Granulated opium;

1374

(f) Tincture of opium;

1375

(g) Codeine;

1376

(h) Ethylmorphine;

1377

(i) Etorphine hydrochloride;

1378

(j) Hydrocodone;

1379

(k) Hydromorphone;

1380

(l) Metopon;

1381

(m) Morphine;

1382

(n) Oxycodone;

1383

(o) Oxymorphone;

1384

(p) Thebaine.

1385

(2) Any salt, compound, derivative, or preparation thereof	1386
that is chemically equivalent to or identical with any of the	1387
substances referred to in division (A)(1) of this schedule, except	1388
that these substances shall not include the isoquinoline alkaloids	1389
of opium;	1390

(3) Opium poppy and poppy straw;

1391

(4) Coca leaves and any salt, compound, derivative, or	1392
preparation of coca leaves (including cocaine and ecgonine, their	1393
salts, isomers, and derivatives, and salts of those isomers and	1394
derivatives), and any salt, compound, derivative, or preparation	1395
thereof that is chemically equivalent to or identical with any of	1396
these substances, except that the substances shall not include	1397
decocainized coca leaves or extraction of coca leaves, which	1398
extractions do not contain cocaine or ecgonine;	1399

(5) Concentrate of poppy straw (the crude extract of poppy	1400
straw in either liquid, solid, or powder form that contains the	1401
phenanthrene alkaloids of the opium poppy).	1402

(B) Narcotics-opiates

1403

Unless specifically excepted under federal drug abuse control	1404
laws or unless listed in another schedule, any of the following	1405
opiates, including their isomers, esters, ethers, salts, and salts	1406
of isomers, esters, and ethers, whenever the existence of these	1407
isomers, esters, ethers, and salts is possible within the specific	1408
chemical designation, but excluding dextrorphan and	1409
levopropoxyphene:	1410

(1) Alfentanil;

1411

(2) Alphaprodine;

1412

(3) Anileridine;

1413

(4) Bezitramide;

1414

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

1415

(6) Carfentanil;

1416

(7) Dihydrocodeine;

1417

(8) Diphenoxylate;

1418

(9) Fentanyl;

1419

(10) Isomethadone;

1420

(11) Levo-alphacetylmethadol (some other names:	1421
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	1422

(12) Levomethorphan;

1423

(13) Levorphanol;

1424

(14) Metazocine;

1425

(15) Methadone;

1426

(16) Methadone-intermediate,	1427
4-cyano-2-dimethylamino-4,4-diphenyl butane;	1428

(17) Moramide-intermediate,	1429
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	1430

(18) Pethidine (meperidine);

1431

(19) Pethidine-intermediate-A,	1432
4-cyano-1-methyl-4-phenylpiperidine;	1433

(20) Pethidine-intermediate-B,	1434
ethyl-4-phenylpiperidine-4-carboxylate;	1435

(21) Pethidine-intermediate-C,	1436
1-methyl-4-phenylpiperidine-4-carboxylic acid;	1437

(22) Phenazocine;

1438

(23) Piminodine;

1439

(24) Racemethorphan;

1440

(25) Racemorphan;

1441

(26) Remifentanil;

1442

(27) Sufentanil.

1443

(C) Stimulants

1444

Unless specifically excepted under federal drug abuse control	1445
laws or unless listed in another schedule, any material, compound,	1446
mixture, or preparation that contains any quantity of the	1447
following substances having a stimulant effect on the central	1448
nervous system:	1449

(1) Amphetamine, its salts, its optical isomers, and salts of	1450
its optical isomers;	1451

(2) Methamphetamine, its salts, its isomers, and salts of its	1452
isomers;	1453

(3) Methylphenidate;

1454

(4) Phenmetrazine and its salts.

1455

(D) Depressants

1456

Unless specifically excepted under federal drug abuse control	1457
laws or unless listed in another schedule, any material, compound,	1458
mixture, or preparation that contains any quantity of the	1459
following substances having a depressant effect on the central	1460
nervous system, including their salts, isomers, and salts of	1461
isomers, whenever the existence of these salts, isomers, and salts	1462
of isomers is possible within the specific chemical designation:	1463

(1) Amobarbital;

1464

(2) Gamma-hydroxy-butyrate;

1465

(3) Glutethimide;

1466

(4) Pentobarbital;

1467

(5) Phencyclidine (some trade or other names:	1468
1-(1-phenylcyclohexyl)piperidine; PCP);	1469

(6) Secobarbital;

1470

(7) 1-aminophenylcyclohexane and all N-mono-substituted	1471
and/or all N-N-disubstituted analogs including, but not limited	1472
to, the following:	1473

(a) 1-phenylcyclohexylamine;

1474

(b) (1-phenylcyclohexyl) methylamine;

1475

(c) (1-phenylcyclohexyl) dimethylamine;

1476

(d) (1-phenylcyclohexyl) methylethylamine;

1477

(e) (1-phenylcyclohexyl) isopropylamine;

1478

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

1479

(E) Hallucinogenic substances

1480

(1) Nabilone (another name for nabilone:	1481
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	1482
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).	1483

(F) Immediate precursors

1484

Unless specifically excepted under federal drug abuse control	1485
laws or unless listed in another schedule, any material, compound,	1486
mixture, or preparation that contains any quantity of the	1487
following substances:	1488

(1) Immediate precursor to amphetamine and methamphetamine:

1489

(a) Phenylacetone (some trade or other names:	1490
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	1491
ketone);	1492

(2) Immediate precursors to phencyclidine (PCP):

1493

(a) 1-phenylcyclohexylamine;

1494

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

1495

SCHEDULE III	1496

(A) Stimulants

1497

Unless specifically excepted under federal drug abuse control	1498
laws or unless listed in another schedule, any material, compound,	1499
mixture, or preparation that contains any quantity of the	1500
following substances having a stimulant effect on the central	1501
nervous system, including their salts, their optical isomers,	1502
position isomers, or geometric isomers, and salts of these	1503
isomers, whenever the existence of these salts, isomers, and salts	1504
of isomers is possible within the specific chemical designation:	1505

(1) All stimulant compounds, mixtures, and preparations	1506
included in schedule III pursuant to the federal drug abuse	1507
control laws and regulations adopted under those laws;	1508

(2) Benzphetamine;

1509

(3) Chlorphentermine;

1510

(4) Clortermine;

1511

(5) Phendimetrazine.

1512

(B) Depressants

1513

Unless specifically excepted under federal drug abuse control	1514
laws or unless listed in another schedule, any material, compound,	1515
mixture, or preparation that contains any quantity of the	1516
following substances having a depressant effect on the central	1517
nervous system:	1518

(1) Any compound, mixture, or preparation containing	1519
amobarbital, secobarbital, pentobarbital, or any salt of any of	1520
these drugs, and one or more other active medicinal ingredients	1521
that are not listed in any schedule;	1522

(2) Any suppository dosage form containing amobarbital,	1523
secobarbital, pentobarbital, or any salt of any of these drugs and	1524
approved by the food and drug administration for marketing only as	1525
a suppository;	1526

(3) Any substance that contains any quantity of a derivative	1527
of barbituric acid or any salt of a derivative of barbituric acid;	1528

(4) Chlorhexadol;

1529

(5) Ketamine, its salts, isomers, and salts of isomers (some	1530
other names for ketamine:	1531
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	1532

(6) Lysergic acid;

1533

(7) Lysergic acid amide;

1534

(8) Methyprylon;

1535

(9) Sulfondiethylmethane;

1536

(10) Sulfonethylmethane;

1537

(11) Sulfonmethane;

1538

(12) Tiletamine, zolazepam, or any salt of tiletamine or	1539
zolazepam (some trade or other names for a tiletamine-zolazepam	1540
combination product: Telazol); (some trade or other names for	1541
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	1542
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	1543
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	1544
flupyrazapon).	1545

(C) Narcotic antidotes

1546

(1) Nalorphine.

1547

(D) Narcotics-narcotic preparations

1548

Unless specifically excepted under federal drug abuse control	1549
laws or unless listed in another schedule, any material, compound,	1550
mixture, or preparation that contains any of the following	1551
narcotic drugs, or their salts calculated as the free anhydrous	1552
base or alkaloid, in limited quantities as set forth below:	1553

(1) Not more than 1.8 grams of codeine per 100 milliliters or	1554
not more than 90 milligrams per dosage unit, with an equal or	1555
greater quantity of an isoquinoline alkaloid of opium;	1556

(2) Not more than 1.8 grams of codeine per 100 milliliters or	1557
not more than 90 milligrams per dosage unit, with one or more	1558
active, nonnarcotic ingredients in recognized therapeutic amounts;	1559

(3) Not more than 300 milligrams of dihydrocodeinone per 100	1560
milliliters or not more than 15 milligrams per dosage unit, with a	1561
fourfold or greater quantity of an isoquinoline alkaloid of opium;	1562

(4) Not more than 300 milligrams of dihydrocodeinone per 100	1563
milliliters or not more than 15 milligrams per dosage unit, with	1564
one or more active, nonnarcotic ingredients in recognized	1565
therapeutic amounts;	1566

(5) Not more than 1.8 grams of dihydrocodeine per 100	1567
milliliters or not more than 90 milligrams per dosage unit, with	1568
one or more active, nonnarcotic ingredients in recognized	1569
therapeutic amounts;	1570

(6) Not more than 300 milligrams of ethylmorphine per 100	1571
milliliters or not more than 15 milligrams per dosage unit, with	1572
one or more active, nonnarcotic ingredients in recognized	1573
therapeutic amounts;	1574

(7) Not more than 500 milligrams of opium per 100 milliliters	1575
or per 100 grams or not more than 25 milligrams per dosage unit,	1576
with one or more active, nonnarcotic ingredients in recognized	1577
therapeutic amounts;	1578

(8) Not more than 50 milligrams of morphine per 100	1579
milliliters or per 100 grams, with one or more active, nonnarcotic	1580
ingredients in recognized therapeutic amounts.	1581

(E) Anabolic steroids

1582

Unless specifically excepted under federal drug abuse control	1583
laws or unless listed in another schedule, any material, compound,	1584
mixture, or preparation that contains any quantity of the	1585
following substances, including their salts, esters, isomers, and	1586
salts of esters and isomers, whenever the existence of these	1587
salts, esters, and isomers is possible within the specific	1588
chemical designation:	1589

(1) Anabolic steroids. Except as otherwise provided in	1590
division (E)(1) of schedule III, "anabolic steroids" means any	1591
drug or hormonal substance that is chemically and	1592
pharmacologically related to testosterone (other than estrogens,	1593
progestins, and corticosteroids) and that promotes muscle growth.	1594
"Anabolic steroids" does not include an anabolic steroid that is	1595
expressly intended for administration through implants to cattle	1596
or other nonhuman species and that has been approved by the United	1597
States secretary of health and human services for that	1598
administration, unless a person prescribes, dispenses, or	1599
distributes this type of anabolic steroid for human use. "Anabolic	1600
steroid" includes, but is not limited to, the following:	1601

(a) Boldenone;

1602

(b) Chlorotestosterone (4-chlortestosterone);

1603

(c) Clostebol;

1604

(d) Dehydrochlormethyltestosterone;

1605

(e) Dihydrotestosterone (4-dihydrotestosterone);

1606

(f) Drostanolone;

1607

(g) Ethylestrenol;

1608

(h) Fluoxymesterone;

1609

(i) Formebulone (formebolone);

1610

(j) Mesterolone;

1611

(k) Methandienone;

1612

(l) Methandranone;

1613

(m) Methandriol;

1614

(n) Methandrostenolone;

1615

(o) Methenolone;

1616

(p) Methyltestosterone;

1617

(q) Mibolerone;

1618

(r) Nandrolone;

1619

(s) Norethandrolone;

1620

(t) Oxandrolone;

1621

(u) Oxymesterone;

1622

(v) Oxymetholone;

1623

(w) Stanolone;

1624

(x) Stanozolol;

1625

(y) Testolactone;

1626

(z) Testosterone;

1627

(aa) Trenbolone;

1628

(bb) Any salt, ester, isomer, or salt of an ester or isomer	1629
of a drug or hormonal substance described or listed in division	1630
(E)(1) of schedule III if the salt, ester, or isomer promotes	1631
muscle growth.	1632

(F) Hallucinogenic substances

1633

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	1634
a soft gelatin capsule in a United States food and drug	1635
administration approved drug product (some other names for	1636
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	1637
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	1638
(-)-delta-9-(trans)-tetrahydrocannabinol).	1639

SCHEDULE IV	1640

(A) Narcotic drugs

1641

Unless specifically excepted by federal drug abuse control	1642
laws or unless listed in another schedule, any material, compound,	1643
mixture, or preparation that contains any of the following	1644
narcotic drugs, or their salts calculated as the free anhydrous	1645
base or alkaloid, in limited quantities as set forth below:	1646

(1) Not more than one milligram of difenoxin and not less	1647
than 25 micrograms of atropine sulfate per dosage unit;	1648

(2) Dextropropoxyphene	1649
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	1650
propionoxybutane)t[final dosage formsu].	1651

(B) Depressants

1652

Unless specifically excepted under federal drug abuse control	1653
laws or unless listed in another schedule, any material, compound,	1654
mixture, or preparation that contains any quantity of the	1655
following substances, including their salts, isomers, and salts of	1656
isomers, whenever the existence of these salts, isomers, and salts	1657
of isomers is possible within the specific chemical designation:	1658

(1) Alprazolam;

1659

(2) Barbital;

1660

(3) Bromazepam;

1661

(4) Camazepam;

1662

(5) Chloral betaine;

1663

(6) Chloral hydrate;

1664

(7) Chlordiazepoxide;

1665

(8) Clobazam;

1666

(9) Clonazepam;

1667

(10) Clorazepate;

1668

(11) Clotiazepam;

1669

(12) Cloxazolam;

1670

(13) Delorazepam;

1671

(14) Diazepam;

1672

(15) Estazolam;

1673

(16) Ethchlorvynol;

1674

(17) Ethinamate;

1675

(18) Ethyl loflazepate;

1676

(19) Fludiazepam;

1677

(20) Flunitrazepam;

1678

(21) Flurazepam;

1679

(22) Halazepam;

1680

(23) Haloxazolam;

1681

(24) Ketazolam;

1682

(25) Loprazolam;

1683

(26) Lorazepam;

1684

(27) Lormetazepam;

1685

(28) Mebutamate;

1686

(29) Medazepam;

1687

(30) Meprobamate;

1688

(31) Methohexital;

1689

(32) Methylphenobarbital (mephobarbital);

1690

(33) Midazolam;

1691

(34) Nimetazepam;

1692

(35) Nitrazepam;

1693

(36) Nordiazepam;

1694

(37) Oxazepam;

1695

(38) Oxazolam;

1696

(39) Paraldehyde;

1697

(40) Petrichloral;

1698

(41) Phenobarbital;

1699

(42) Pinazepam;

1700

(43) Prazepam;

1701

(44) Quazepam;

1702

(45) Temazepam;

1703

(46) Tetrazepam;

1704

(47) Triazolam;

1705

(48) Zaleplon;

1706

(49) Zolpidem.

1707

(C) Fenfluramine

1708

Any material, compound, mixture, or preparation that contains	1709
any quantity of the following substances, including their salts,	1710
their optical isomers, position isomers, or geometric isomers, and	1711
salts of these isomers, whenever the existence of these salts,	1712
isomers, and salts of isomers is possible within the specific	1713
chemical designation:	1714

(1) Fenfluramine.

1715

(D) Stimulants

1716

Unless specifically excepted under federal drug abuse control	1717
laws or unless listed in another schedule, any material, compound,	1718
mixture, or preparation that contains any quantity of the	1719
following substances having a stimulant effect on the central	1720
nervous system, including their salts, their optical isomers,	1721
position isomers, or geometric isomers, and salts of these	1722
isomers, whenever the existence of these salts, isomers, and salts	1723
of isomers is possible within the specific chemical designation:	1724

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

1725

(2) Diethylpropion;

1726

(3) Fencamfamin;

1727

(4) Fenproporex;

1728

(5) Mazindol;

1729

(6) Mefenorex;

1730

(7) Modafinil;

1731

(8) Pemoline (including organometallic complexes and chelates	1732
thereof);	1733

(9) Phentermine;

1734

(10) Pipradrol;

1735

(11) Sibutramine;

1736

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

1737

(E) Other substances

1738

Unless specifically excepted under federal drug abuse control	1739
laws or unless listed in another schedule, any material, compound,	1740
mixture, or preparation that contains any quantity of the	1741
following substances, including their salts:	1742

(1) Pentazocine;

1743

(2) Butorphanol (including its optical isomers).

1744

SCHEDULE V	1745

(A) Narcotic drugs

1746

Unless specifically excepted under federal drug abuse control	1747
laws or unless listed in another schedule, any material, compound,	1748
mixture, or preparation that contains any of the following	1749
narcotic drugs, and their salts, as set forth below:	1750

(1) Buprenorphine.

1751

(B) Narcotics-narcotic preparations

1752

Narcotic drugs containing non-narcotic active medicinal	1753
ingredients. Any compound, mixture, or preparation that contains	1754
any of the following narcotic drugs, or their salts calculated as	1755
the free anhydrous base or alkaloid, in limited quantities as set	1756
forth below, and that includes one or more nonnarcotic active	1757
medicinal ingredients in sufficient proportion to confer upon the	1758
compound, mixture, or preparation valuable medicinal qualities	1759
other than those possessed by narcotic drugs alone:	1760

(1) Not more than 200 milligrams of codeine per 100	1761
milliliters or per 100 grams;	1762

(2) Not more than 100 milligrams of dihydrocodeine per 100	1763
milliliters or per 100 grams;	1764

(3) Not more than 100 milligrams of ethylmorphine per 100	1765
milliliters or per 100 grams;	1766

(4) Not more than 2.5 milligrams of diphenoxylate and not	1767
less than 25 micrograms of atropine sulfate per dosage unit;	1768

(5) Not more than 100 milligrams of opium per 100 milliliters	1769
or per 100 grams;	1770

(6) Not more than 0.5 milligram of difenoxin and not less	1771
than 25 micrograms of atropine sulfate per dosage unit.	1772

(C) Stimulants

1773

Unless specifically exempted or excluded under federal drug	1774
abuse control laws or unless listed in another schedule, any	1775
material, compound, mixture, or preparation that contains any	1776
quantity of the following substances having a stimulant effect on	1777
the central nervous system, including their salts, isomers, and	1778
salts of isomers:	1779

(1) Ephedrine, except as provided in division (K) of section	1780
3719.44 of the Revised Code;	1781

(2) Pyrovalerone.

1782

Sec. 4503.235.  (A) If division (G) of section 4511.19 or	1783
division (B) of section 4511.193 of the Revised Code requires a	1784
court, as part of the sentence of an offender who is convicted of	1785
or pleads guilty to a violation of division (A) of section	1786
4511.19 of the Revised Code or as a sanction for an offender who	1787
is convicted of or pleaded guilty to a violation of a municipal	1788
OVI ordinance, to order the immobilization of a vehicle for a	1789
specified period of time, notwithstanding the requirement, the	1790
court in its discretion may determine not to order the	1791
immobilization of the vehicle if both of the following apply:	1792

(1) Prior to the issuance of the order of immobilization, a	1793
family or household member of the offender files a motion with	1794
the court identifying the vehicle and requesting that the	1795
immobilization order not be issued on the ground that the family	1796
or household member is completely dependent on the vehicle for	1797
the necessities of life and that the immobilization of the	1798
vehicle would be an undue hardship to the family or household	1799
member.	1800

(2) The court determines that the family or household member	1801
who files the motion is completely dependent on the vehicle for	1802
the necessities of life and that the immobilization of the	1803
vehicle would be an undue hardship to the family or household	1804
member.	1805

(B) If a court pursuant to division (A) of this section	1806
determines not to order the immobilization of a vehicle that	1807
otherwise would be required pursuant to division (G) of section	1808
4511.19 or division (B) of section 4511.193 of the Revised Code,	1809
the court shall issue an order that waives the immobilization that	1810
otherwise would be required pursuant to either of those divisions.	1811
The immobilization waiver order shall be in effect for the period	1812
of time for which the immobilization of the vehicle otherwise	1813
would have been required under division (G) of section 4511.19 or	1814
division (B) of section 4511.193 of the Revised Code if the	1815
immobilization waiver order had not been issued, subject to	1816
division (D) of this section. The immobilization waiver order	1817
shall specify the period of time for which it is in effect. The	1818
court shall provide a copy of an immobilization waiver order to	1819
the offender and to the family or household member of the	1820
offender who filed the motion requesting that the immobilization	1821
order not be issued and shall place a copy of the immobilization	1822
waiver order in the record in the case. The court shall impose an	1823
immobilization waiver fee in the amount of fifty dollars. The	1824
court shall determine whether the fee is to be paid by the	1825
offender or by the family or household member. The clerk of the	1826
court shall deposittransmit all of the fee infees collected	1827
during a month on or before the twenty-third day of the following	1828
month to the state treasury to the credit ofbe credited to the	1829
indigent drivers alcohol treatment fund, created under division	1830
(F) of section 4511.191 of the Revised Code.	1831

(C) If a court pursuant to division (B) of this section	1832
issues an immobilization waiver order, the order shall identify	1833
the family or household member who requested the order and the	1834
vehicle to which the order applies, shall identify the family or	1835
household members who are permitted to operate the vehicle, and	1836
shall identify the offender and specify that the offender is not	1837
permitted to operate the vehicle. The immobilization waiver order	1838
shall require that the family or household member display on the	1839
vehicle to which the order applies restricted license plates that	1840
are issued under section 4503.231 of the Revised Code for the	1841
entire period for which the immobilization of the vehicle	1842
otherwise would have been required under division (G) of section	1843
4511.19 or division (B) of section 4511.193 of the Revised Code	1844
if the immobilization waiver order had not been issued.	1845

(D) A family or household member who is permitted to operate	1846
a vehicle under an immobilization waiver order issued under this	1847
section shall not permit the offender to operate the vehicle. If	1848
a family or household member who is permitted to operate a	1849
vehicle under an immobilization waiver order issued under this	1850
section permits the offender to operate the vehicle, both of the	1851
following apply:	1852

(1) The court that issued the immobilization waiver order	1853
shall terminate that order and shall issue an immobilization order	1854
in accordance with section 4503.233 of the Revised Code that	1855
applies to the vehicle, and the immobilization order shall be in	1856
effect for the remaining period of time for which the	1857
immobilization of the vehicle otherwise would have been required	1858
under division (G) of section 4511.19 or division (B) of section	1859
4511.193 of the Revised Code if the immobilization waiver order	1860
had not been issued.	1861

(2) The conduct of the family or household member in	1862
permitting the offender to operate the vehicle is a violation of	1863
section 4511.203 of the Revised Code.	1864

(E) No offender shall operate a motor vehicle subject to an	1865
immobilization waiver order. Whoever violates this division is	1866
guilty of operating a motor vehicle in violation of an	1867
immobilization waiver, a misdemeanor of the first degree.	1868

(F) "Family or household member" has the same meaning as in	1869
section 2919.25 of the Revised Code, except that the person must	1870
be currently residing with the offender.	1871

Sec. 4506.03.  (A) Except as provided in divisions (B) and	1872
(C) of this section, the following shall apply:	1873

(1) No person shall drive a commercial motor vehicle on a	1874
highway in this state unless the person holds, and has in the	1875
person's possession, a valid commercial driver's license with	1876
proper endorsements for the motor vehicle being driven, issued by	1877
the registrar of motor vehicles, a valid examiner's commercial	1878
driving permit issued under section 4506.13 of the Revised Code, a	1879
valid restricted commercial driver's license and waiver for	1880
farm-related service industries issued under section 4506.24 of	1881
the Revised Code, or a valid commercial driver's license temporary	1882
instruction permit issued by the registrar and is accompanied by	1883
an authorized state driver's license examiner or tester or a	1884
person who has been issued and has in the person's immediate	1885
possession a current, valid commercial driver's license with	1886
proper endorsements for the motor vehicle being driven.	1887

(2) No person shall be issued a commercial driver's license	1888
until the person surrenders to the registrar of motor vehicles all	1889
valid licenses issued to the person by another jurisdiction	1890
recognized by this state. The registrar shall report the surrender	1891
of a license to the issuing authority, together with information	1892
that a license is now issued in this state. The registrar shall	1893
destroy any such license that is not returned to the issuing	1894
authority.	1895

(3) No person who has been a resident of this state for	1896
thirty days or longer shall drive a commercial motor vehicle under	1897
the authority of a commercial driver's license issued by another	1898
jurisdiction.	1899

(B) Nothing in division (A) of this section applies to any	1900
qualified person when engaged in the operation of any of the	1901
following:	1902

(1) A farm truck;

1903

(2) Fire equipment for a fire department, volunteer or	1904
nonvolunteer fire company, fire district, or joint fire district;	1905

(3) A public safety vehicle used to provide transportation or	1906
emergency medical service for ill or injured persons;	1907

(4) A recreational vehicle;

1908

(5) A commercial motor vehicle within the boundaries of an	1909
eligible unit of local government, if the person is employed by	1910
the eligible unit of local government and is operating the	1911
commercial motor vehicle for the purpose of removing snow or ice	1912
from a roadway by plowing, sanding, or salting, but only if either	1913
the employee who holds a commercial driver's license issued under	1914
this chapter and ordinarily operates a commercial motor vehicle	1915
for these purposes is unable to operate the vehicle, or the	1916
employing eligible unit of local government determines that a snow	1917
or ice emergency exists that requires additional assistance;	1918

(6) A vehicle operated for military purposes by any member or	1919
uniformed employee of the armed forces of the United States or	1920
their reserve components, including the Ohio national guard. This	1921
exception does not apply to United States reserve technicians.	1922

(7) A commercial motor vehicle that is operated for	1923
nonbusiness purposes. "Operated for nonbusiness purposes" means	1924
that the commercial motor vehicle is not used in commerce as	1925
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	1926
regulated by the public utilities commission pursuant to Chapter	1927
4919., 4921., or 4923. of the Revised Code.	1928

(8) A motor vehicle that is designed primarily for the	1929
transportation of goods and not persons, while that motor vehicle	1930
is being used for the occasional transportation of personal	1931
property by individuals not for compensation and not in the	1932
furtherance of a commercial enterprise;	1933

(9) A police SWAT team vehicle;

1934

(10) A police vehicle used to transport prisoners.

1935

(C) Nothing contained in division (B)(5) of this section	1936
shall be construed as preempting or superseding any law, rule, or	1937
regulation of this state concerning the safe operation of	1938
commercial motor vehicles.	1939

(D) Whoever violates this section is guilty of a misdemeanor	1940
of the first degree.	1941

Sec. 4510.13.  (A)(1) Divisions (A)(2) to (9) of this section	1942
apply to a judge or mayor regarding the suspension of, or the	1943
grant of limited driving privileges during a suspension of, an	1944
offender's driver's or commercial driver's license or permit or	1945
nonresident operating privilege imposed under division (G) or (H)	1946
of section 4511.19 of the Revised Code, under division (B) or (C)	1947
of section 4511.191 of the Revised Code, or under section 4510.07	1948
of the Revised Code for a conviction of a violation of a municipal	1949
OVI ordinance.	1950

(2) No judge or mayor shall suspend the following portions of	1951
the suspension of an offender's driver's or commercial driver's	1952
license or permit or nonresident operating privilege imposed under	1953
division (G) or (H) of section 4511.19 of the Revised Code or	1954
under section 4510.07 of the Revised Code for a conviction of a	1955
violation of a municipal OVI ordinance, provided that division	1956
(A)(2) of this section does not limit a court or mayor in	1957
crediting any period of suspension imposed pursuant to division	1958
(B) or (C) of section 4511.191 of the Revised Code against any	1959
time of judicial suspension imposed pursuant to section 4511.19 or	1960
4510.07 of the Revised Code, as described in divisions (B)(2) and	1961
(C)(2) of section 4511.191 of the Revised Code:	1962

(a) The first six months of a suspension imposed under	1963
division (G)(1)(a) of section 4511.19 of the Revised Code or of a	1964
comparable length suspension imposed under section 4510.07 of the	1965
Revised Code;	1966

(b) The first year of a suspension imposed under division	1967
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a	1968
comparable length suspension imposed under section 4510.07 of the	1969
Revised Code;	1970

(c) The first three years of a suspension imposed under	1971
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1972
or of a comparable length suspension imposed under section 4510.07	1973
of the Revised Code;	1974

(d) The first sixty days of a suspension imposed under	1975
division (H) of section 4511.19 of the Revised Code or of a	1976
comparable length suspension imposed under section 4510.07 of the	1977
Revised Code.	1978

(3) No judge or mayor shall grant limited driving privileges	1979
to an offender whose driver's or commercial driver's license or	1980
permit or nonresident operating privilege has been suspended under	1981
division (G) or (H) of section 4511.19 of the Revised Code, under	1982
division (C) of section 4511.191 of the Revised Code, or under	1983
section 4510.07 of the Revised Code for a municipal OVI conviction	1984
if the offender, within the preceding six years, has been	1985
convicted of or pleaded guilty to three or more violations of one	1986
or more of the Revised Code sections, municipal ordinances,	1987
statutes of the United States or another state, or municipal	1988
ordinances of a municipal corporation of another state that are	1989
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the	1990
Revised Code.	1991

Additionally, no judge or mayor shall grant limited driving	1992
privileges to an offender whose driver's or commercial driver's	1993
license or permit or nonresident operating privilege has been	1994
suspended under division (B) of section 4511.191 of the Revised	1995
Code if the offender, within the preceding six years, has refused	1996
three previous requests to consent to a chemical test of the	1997
person's whole blood, blood serum or plasma, breath, or urine to	1998
determine its alcohol content.	1999

(4) No judge or mayor shall grant limited driving privileges	2000
for employment as a driver of commercial motor vehicles to an	2001
offender whose driver's or commercial driver's license or permit	2002
or nonresident operating privilege has been suspended under	2003
division (G) or (H) of section 4511.19 of the Revised Code, under	2004
division (B) or (C) of section 4511.191 of the Revised Code, or	2005
under section 4510.07 of the Revised Code for a municipal OVI	2006
conviction if the offender is disqualified from operating a	2007
commercial motor vehicle, or whose license or permit has been	2008
suspended, under section 3123.58 or 4506.16 of the Revised Code.	2009

(5) No judge or mayor shall grant limited driving privileges	2010
to an offender whose driver's or commercial driver's license or	2011
permit or nonresident operating privilege has been suspended under	2012
division (G) or (H) of section 4511.19 of the Revised Code, under	2013
division (C) of section 4511.191 of the Revised Code, or under	2014
section 4510.07 of the Revised Code for a conviction of a	2015
violation of a municipal OVI ordinance during any of the following	2016
periods of time:	2017

(a) The first fifteen days of a suspension imposed under	2018
division (G)(1)(a) of section 4511.19 of the Revised Code or a	2019
comparable length suspension imposed under section 4510.07 of the	2020
Revised Code, or of a suspension imposed under division (C)(1)(a)	2021
of section 4511.191 of the Revised Code. On or after the sixteenth	2022
day of the suspension, the court may grant limited driving	2023
privileges, but the court may require that the offender shall not	2024
exercise the privileges unless the vehicles the offender operates	2025
are equipped with immobilizing or disabling devices that monitor	2026
the offender's alcohol consumption or any other type of	2027
immobilizing or disabling devices, except as provided in division	2028
(C) of section 4510.43 of the Revised Code.	2029

(b) The first forty-five days of a suspension imposed under	2030
division (C)(1)(b) of section 4511.191 of the Revised Code. On or	2031
after the thirty-firstforty-sixth day of suspension, the court	2032
may grant limited driving privileges, but the court may require	2033
that the offender shall not exercise the privileges unless the	2034
vehicles the offender operates are equipped with immobilizing or	2035
disabling devices that monitor the offender's alcohol consumption	2036
or any other type of immobilizing or disabling devices, except as	2037
provided in division (C) of section 4510.43 of the Revised Code.	2038

(c) The first sixty days of a suspension imposed under	2039
division (H) of section 4511.19 of the Revised Code or a	2040
comparable length suspension imposed under section 4510.07 of the	2041
Revised Code.	2042

(d) The first one hundred eighty days of a suspension imposed	2043
under division (C)(1)(c) of section 4511.191 of the Revised Code.	2044
On or after the first one hundred eighty dayseighty-first day of	2045
suspension, the court may grant limited driving privileges, and	2046
either of the following applies:	2047

(i) If the underlying arrest is alcohol-related, the court	2048
shall issue an order that, except as provided in division (C) of	2049
section 4510.43 of the Revised Code, for the remainder of the	2050
period of suspension the offender shall not exercise the	2051
privileges unless the vehicles the offender operates are	2052
equipped with a certified ignition interlock device.	2053

(ii) If the underlying arrest is drug-related, the court in	2054
its discretion may issue an order that, except as provided in	2055
division (C) of section 4510.43 of the Revised Code, for the	2056
remainder of the period of suspension the offender shall not	2057
exercise the privileges unless the vehicles the offender operates	2058
are equipped with a certified ignition interlock device.	2059

(e) The first forty-five days of a suspension imposed under	2060
division (G)(1)(b) of section 4511.19 of the Revised Code or a	2061
comparable length suspension imposed under section 4510.07 of the	2062
Revised Code. On or after the forty-sixth day of the suspension,	2063
the court may grant limited driving privileges, and either of the	2064
following applies:	2065

(i) If the underlying conviction is alcohol-related, the	2066
court shall issue an order that, except as provided in division	2067
(C) of section 4510.43 of the Revised Code, for the remainder of	2068
the period of suspension the offender shall not exercise the	2069
privileges unless the vehicles the offender operates are equipped	2070
with a certified ignition interlock device.	2071

(ii) If the underlying conviction is drug-related, the court	2072
in its discretion may issue an order that, except as provided in	2073
division (C) of section 4510.43 of the Revised Code, for the	2074
remainder of the period of suspension the offender shall not	2075
exercise the privileges unless the vehicles the offender operates	2076
are equipped with a certified ignition interlock device.	2077

(f) The first one hundred eighty days of a suspension imposed	2078
under division (G)(1)(c) of section 4511.19 of the Revised Code	2079
or a comparable length suspension imposed under section 4510.07	2080
of the Revised Code. On or after the one hundred eighty-first day	2081
of the suspension, the court may grant limited driving	2082
privileges, and either of the following applies:	2083

(i) If the underlying conviction is alcohol-related, the	2084
court shall issue an order that, except as provided in division	2085
(C) of section 4510.43 of the Revised Code, for the remainder	2086
of the period of suspension the offender shall not exercise the	2087
privileges unless the vehicles the offender operates are	2088
equipped with a certified ignition interlock device.	2089

(ii) If the underlying conviction is drug-related, the court	2090
in its discretion may issue an order that, except as provided in	2091
division (C) of section 4510.43 of the Revised Code, for the	2092
remainder of the period of suspension the offender shall not	2093
exercise the privileges unless the vehicles the offender operates	2094
are equipped with a certified ignition interlock device.	2095

(g) The first three years of a suspension imposed under	2096
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2097
or a comparable length suspension imposed under section 4510.07 of	2098
the Revised Code, or of a suspension imposed under division	2099
(C)(1)(d) of section 4511.191 of the Revised Code. On or after	2100
the first three years of suspension, the court may grant limited	2101
driving privileges, and either of the following applies:	2102

(i) If the underlying conviction is alcohol-related, the	2103
court shall issue an order that, except as provided in division	2104
(C) of section 4510.43 of the Revised Code, for the remainder of	2105
the period of suspension the offender shall not exercise the	2106
privileges unless the vehicles the offender operates are equipped	2107
with a certified ignition interlock device.	2108

(ii) If the underlying conviction is drug-related, the court	2109
in its discretion may issue an order that, except as provided in	2110
division (C) of section 4510.43 of the Revised Code, for the	2111
remainder of the period of suspension the offender shall not	2112
exercise the privileges unless the vehicles the offender operates	2113
are equipped with a certified ignition interlock device.	2114

(6) No judge or mayor shall grant limited driving privileges	2115
to an offender whose driver's or commercial driver's license or	2116
permit or nonresident operating privilege has been suspended under	2117
division (B) of section 4511.191 of the Revised Code during any of	2118
the following periods of time:	2119

(a) The first thirty days of suspension imposed under	2120
division (B)(1)(a) of section 4511.191 of the Revised Code;	2121

(b) The first ninety days of suspension imposed under	2122
division (B)(1)(b) of section 4511.191 of the Revised Code;	2123

(c) The first year of suspension imposed under division	2124
(B)(1)(c) of section 4511.191 of the Revised Code;	2125

(d) The first three years of suspension imposed under	2126
division (B)(1)(d) of section 4511.191 of the Revised Code.	2127

(7) In any case in which a judge or mayor grants limited	2128
driving privileges to an offender whose driver's or commercial	2129
driver's license or permit or nonresident operating privilege has	2130
been suspended under division (G)(1)(b), (c), (d), or (e) of	2131
section 4511.19 of the Revised Code, under division (G)(1)(a) of	2132
section 4511.19 of the Revised Code for a violation of division	2133
(A)(1)(f), (g), (h), or (i) of that section, or under section	2134
4510.07 of the Revised Code for a municipal OVI conviction for	2135
which sentence would have been imposed under division	2136
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of	2137
the Revised Code had the offender been charged with and convicted	2138
of a violation of section 4511.19 of the Revised Code instead of a	2139
violation of the municipal OVI ordinance, the judge or mayor shall	2140
impose as a condition of the privileges that the offender must	2141
display on the vehicle that is driven subject to the privileges	2142
restricted license plates that are issued under section 4503.231	2143
of the Revised Code, except as provided in division (B) of that	2144
section.	2145

(8) In any case in which the offender operates a motor	2146
vehicle that is not equipped with an ignition interlock device,	2147
circumvents the device, or tampers with the device or in any case	2148
in which the court receives notice pursuant to section 4510.46 of	2149
the Revised Code that a certified ignition interlock device	2150
required by an order issued under division (A)(5)(e), (f), or (g)	2151
of this section prevented an offender from starting a motor	2152
vehicle, the following applies:	2153

(a) If the offender was sentenced under division (G)(1)(b) of	2154
section 4511.19 of the Revised Code, on a first instance the court	2155
may require the offender to wear a monitor that provides	2156
continuous alcohol monitoring that is remote. On a second	2157
instance, the court shall require the offender to wear a monitor	2158
that provides continuous alcohol monitoring that is remote for a	2159
minimum of forty days. On a third instance or more, the court	2160
shall require the offender to wear a monitor that provides	2161
continuous alcohol monitoring that is remote for a minimum of	2162
sixty days.	2163

(b) If the offender was sentenced under division (G)(1)(c),	2164
(d), or (e) of section 4511.19 of the Revised Code, on a first	2165
instance the court shall require the offender to wear a monitor	2166
that provides continuous alcohol monitoring that is remote for a	2167
minimum of forty days. On a second instance or more, the court	2168
shall require the offender to wear a monitor that provides	2169
continuous alcohol monitoring that is remote for a minimum of	2170
sixty days.	2171

(9) In any case in which the court issues an order under	2172
this section prohibiting an offender from exercising limited	2173
driving privileges unless the vehicles the offender operates are	2174
equipped with an immobilizing or disabling device, including a	2175
certified ignition interlock device, or requires an offender to	2176
wear a monitor that provides continuous alcohol monitoring that is	2177
remote, the court shall impose an additional court cost of two	2178
dollars and fifty cents upon the offender. The court shall not	2179
waive the payment of the two dollars and fifty cents unless the	2180
court determines that the offender is indigent and waives the	2181
payment of all court costs imposed upon the indigent offender.	2182
The clerk of court shall retain one hundred per cent of this court	2183
cost. The clerk of court shall transmit one hundred per cent of	2184
this mandatory court cost collected during a month on the first	2185
businessor before the twenty-third day of the following month to	2186
the state treasury to be credited to the state highway safety	2187
fund created under section 4501.06 of the Revised Code, to be	2188
used by the department of public safety to cover costs	2189
associated with maintaining the habitual OVI/OMWI offender	2190
registry created under section 5502.10 of the Revised Code. In	2191
its discretion the court may impose an additional court cost of	2192
two dollars and fifty cents upon the offender. The clerk of court	2193
shall retain this discretionary two dollar and fifty cent court	2194
cost, if imposed, and shall deposit it in the court's special	2195
projects fund that is established under division (E)(1) of	2196
section 2303.201 or, division (B)(1) of section 1901.26, or	2197
division (B)(1) of section 1907.24 of the Revised Code.	2198

(10) In any case in which the court issues an order under	2199
this section prohibiting an offender from exercising limited	2200
driving privileges unless the vehicles the offender operates are	2201
equipped with an immobilizing or disabling device, including a	2202
certified ignition interlock device, the court shall notify the	2203
offender at the time the offender is granted limited driving	2204
privileges that, in accordance with section 4510.46 of the Revised	2205
Code, if the court receives notice that the device prevented the	2206
offender from starting the motor vehicle because the device was	2207
tampered with or circumvented or because the analysis of the	2208
deep-lung breath sample or other method employed by the device to	2209
measure the concentration by weight of alcohol in the offender's	2210
breath indicated the presence of alcohol in the offender's breath	2211
in a concentration sufficient to prevent the device from	2212
permitting the motor vehicle to be started, the court may increase	2213
the period of suspension of the offender's driver's or commercial	2214
driver's license or permit or nonresident operating privilege from	2215
that originally imposed by the court by a factor of two and may	2216
increase the period of time during which the offender will be	2217
prohibited from exercising any limited driving privileges granted	2218
to the offender unless the vehicles the offender operates are	2219
equipped with a certified ignition interlock device by a factor of	2220
two.	2221

(B) Any person whose driver's or commercial driver's license	2222
or permit or nonresident operating privilege has been suspended	2223
pursuant to section 4511.19 or 4511.191 of the Revised Code or	2224
under section 4510.07 of the Revised Code for a violation of a	2225
municipal OVI ordinance may file a petition for limited driving	2226
privileges during the suspension. The person shall file the	2227
petition in the court that has jurisdiction over the place of	2228
arrest. Subject to division (A) of this section, the court may	2229
grant the person limited driving privileges during the period	2230
during which the suspension otherwise would be imposed. However,	2231
the court shall not grant the privileges for employment as a	2232
driver of a commercial motor vehicle to any person who is	2233
disqualified from operating a commercial motor vehicle under	2234
section 4506.16 of the Revised Code or during any of the periods	2235
prescribed by division (A) of this section.	2236

(C)(1) After a driver's or commercial driver's license or	2237
permit or nonresident operating privilege has been suspended	2238
pursuant to section 2903.06, 2903.08, 2903.11, 2907.24, 2921.331,	2239
2923.02, 2929.02, 4511.19, 4511.251, 4549.02, 4549.021, or 5743.99	2240
of the Revised Code, any provision of Chapter 2925. of the Revised	2241
Code, or section 4510.07 of the Revised Code for a violation of a	2242
municipal OVI ordinance, the judge of the court or mayor of the	2243
mayor's court that suspended the license, permit, or privilege	2244
shall cause the offender to deliver to the court the license or	2245
permit. The judge, mayor, or clerk of the court or mayor's court	2246
shall forward to the registrar the license or permit together with	2247
notice of the action of the court.	2248

(2) A suspension of a commercial driver's license under any	2249
section or chapter identified in division (C)(1) of this section	2250
shall be concurrent with any period of suspension or	2251
disqualification under section 3123.58 or 4506.16 of the Revised	2252
Code. No person who is disqualified for life from holding a	2253
commercial driver's license under section 4506.16 of the Revised	2254
Code shall be issued a driver's license under this chapter during	2255
the period for which the commercial driver's license was suspended	2256
under this section, and no person whose commercial driver's	2257
license is suspended under any section or chapter identified in	2258
division (C)(1) of this section shall be issued a driver's license	2259
under Chapter 4507. of the Revised Code during the period of the	2260
suspension.	2261

(3) No judge or mayor shall suspend any class one suspension,	2262
or any portion of any class one suspension, imposed under section	2263
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No	2264
judge or mayor shall suspend the first thirty days of any class	2265
two, class three, class four, class five, or class six suspension	2266
imposed under section 2903.06, 2903.08, 2903.11, 2923.02, or	2267
2929.02 of the Revised Code.	2268

(D) The judge of the court or mayor of the mayor's court	2269
shall credit any time during which an offender was subject to an	2270
administrative suspension of the offender's driver's or commercial	2271
driver's license or permit or nonresident operating privilege	2272
imposed pursuant to section 4511.191 or 4511.192 of the Revised	2273
Code or a suspension imposed by a judge, referee, or mayor	2274
pursuant to division (B)(1) or (2) of section 4511.196 of the	2275
Revised Code against the time to be served under a related	2276
suspension imposed pursuant to any section or chapter identified	2277
in division (C)(1) of this section.	2278

(E) The judge or mayor shall notify the bureau of motor	2279
vehicles of any determinations made pursuant to this section and	2280
of any suspension imposed pursuant to any section or chapter	2281
identified in division (C)(1) of this section.	2282

(F)(1) If a court issues an immobilizing or disabling device	2283
order under section 4510.43 of the Revised Code, the order shall	2284
authorize the offender during the specified period to operate a	2285
motor vehicle only if it is equipped with an immobilizing or	2286
disabling device, except as provided in division (C) of that	2287
section. The court shall provide the offender with a copy of an	2288
immobilizing or disabling device order issued under section	2289
4510.43 of the Revised Code, and the offender shall use the copy	2290
of the order in lieu of an Ohio driver's or commercial driver's	2291
license or permit until the registrar or a deputy registrar issues	2292
the offender a restricted license.	2293

An order issued under section 4510.43 of the Revised Code	2294
does not authorize or permit the offender to whom it has been	2295
issued to operate a vehicle during any time that the offender's	2296
driver's or commercial driver's license or permit is suspended	2297
under any other provision of law.	2298

(2) An offender may present an immobilizing or disabling	2299
device order to the registrar or to a deputy registrar. Upon	2300
presentation of the order to the registrar or a deputy registrar,	2301
the registrar or deputy registrar shall issue the offender a	2302
restricted license. A restricted license issued under this	2303
division shall be identical to an Ohio driver's license, except	2304
that it shall have printed on its face a statement that the	2305
offender is prohibited during the period specified in the court	2306
order from operating any motor vehicle that is not equipped with	2307
an immobilizing or disabling device. The date of commencement and	2308
the date of termination of the period of suspension shall be	2309
indicated conspicuously upon the face of the license.	2310

Sec. 4511.19.  (A)(1) No person shall operate any vehicle,	2311
streetcar, or trackless trolley within this state, if, at the time	2312
of the operation, any of the following apply:	2313

(a) The person is under the influence of alcohol, a drug of	2314
abuse, or a combination of them.	2315

(b) The person has a concentration of eight-hundredths of one	2316
per cent or more but less than seventeen-hundredths of one per	2317
cent by weight per unit volume of alcohol in the person's whole	2318
blood.	2319

(c) The person has a concentration of ninety-six-thousandths	2320
of one per cent or more but less than two hundred four-thousandths	2321
of one per cent by weight per unit volume of alcohol in the	2322
person's blood serum or plasma.	2323

(d) The person has a concentration of eight-hundredths of one	2324
gram or more but less than seventeen-hundredths of one gram by	2325
weight of alcohol per two hundred ten liters of the person's	2326
breath.	2327

(e) The person has a concentration of eleven-hundredths of	2328
one gram or more but less than two hundred	2329
thirty-eight-thousandths of one gram by weight of alcohol per one	2330
hundred milliliters of the person's urine.	2331

(f) The person has a concentration of seventeen-hundredths of	2332
one per cent or more by weight per unit volume of alcohol in the	2333
person's whole blood.	2334

(g) The person has a concentration of two hundred	2335
four-thousandths of one per cent or more by weight per unit volume	2336
of alcohol in the person's blood serum or plasma.	2337

(h) The person has a concentration of seventeen-hundredths of	2338
one gram or more by weight of alcohol per two hundred ten liters	2339
of the person's breath.	2340

(i) The person has a concentration of two hundred	2341
thirty-eight-thousandths of one gram or more by weight of alcohol	2342
per one hundred milliliters of the person's urine.	2343

(j) Except as provided in division (K) of this section, the	2344
person has a concentration of any of the following controlled	2345
substances or metabolites of a controlled substance in the	2346
person's whole blood, blood serum or plasma, or urine that equals	2347
or exceeds any of the following:	2348

(i) The person has a concentration of amphetamine in the	2349
person's urine of at least five hundred nanograms of amphetamine	2350
per milliliter of the person's urine or has a concentration of	2351
amphetamine in the person's whole blood or blood serum or plasma	2352
of at least one hundred nanograms of amphetamine per milliliter of	2353
the person's whole blood or blood serum or plasma.	2354

(ii) The person has a concentration of cocaine in the	2355
person's urine of at least one hundred fifty nanograms of cocaine	2356
per milliliter of the person's urine or has a concentration of	2357
cocaine in the person's whole blood or blood serum or plasma of at	2358
least fifty nanograms of cocaine per milliliter of the person's	2359
whole blood or blood serum or plasma.	2360

(iii) The person has a concentration of cocaine metabolite in	2361
the person's urine of at least one hundred fifty nanograms of	2362
cocaine metabolite per milliliter of the person's urine or has a	2363
concentration of cocaine metabolite in the person's whole blood or	2364
blood serum or plasma of at least fifty nanograms of cocaine	2365
metabolite per milliliter of the person's whole blood or blood	2366
serum or plasma.	2367

(iv) The person has a concentration of heroin in the person's	2368
urine of at least two thousand nanograms of heroin per milliliter	2369
of the person's urine or has a concentration of heroin in the	2370
person's whole blood or blood serum or plasma of at least fifty	2371
nanograms of heroin per milliliter of the person's whole blood or	2372
blood serum or plasma.	2373

(v) The person has a concentration of heroin metabolite	2374
(6-monoacetyl morphine) in the person's urine of at least ten	2375
nanograms of heroin metabolite (6-monoacetyl morphine) per	2376
milliliter of the person's urine or has a concentration of heroin	2377
metabolite (6-monoacetyl morphine) in the person's whole blood or	2378
blood serum or plasma of at least ten nanograms of heroin	2379
metabolite (6-monoacetyl morphine) per milliliter of the person's	2380
whole blood or blood serum or plasma.	2381

(vi) The person has a concentration of L.S.D. in the person's	2382
urine of at least twenty-five nanograms of L.S.D. per milliliter	2383
of the person's urine or a concentration of L.S.D. in the person's	2384
whole blood or blood serum or plasma of at least ten nanograms of	2385
L.S.D. per milliliter of the person's whole blood or blood serum	2386
or plasma.	2387

(vii) The person has a concentration of marihuana in the	2388
person's urine of at least ten nanograms of marihuana per	2389
milliliter of the person's urine or has a concentration of	2390
marihuana in the person's whole blood or blood serum or plasma of	2391
at least two nanograms of marihuana per milliliter of the person's	2392
whole blood or blood serum or plasma.	2393

(viii) Either of the following applies:

2394

(I) The person is under the influence of alcohol, a drug of	2395
abuse, or a combination of them, and, as measured by gas	2396
chromatography mass spectrometry, the person has a concentration	2397
of marihuana metabolite in the person's urine of at least fifteen	2398
nanograms of marihuana metabolite per milliliter of the person's	2399
urine or has a concentration of marihuana metabolite in the	2400
person's whole blood or blood serum or plasma of at least five	2401
nanograms of marihuana metabolite per milliliter of the person's	2402
whole blood or blood serum or plasma.	2403

(II) As measured by gas chromatography mass spectrometry, the	2404
person has a concentration of marihuana metabolite in the person's	2405
urine of at least thirty-five nanograms of marihuana metabolite	2406
per milliliter of the person's urine or has a concentration of	2407
marihuana metabolite in the person's whole blood or blood serum or	2408
plasma of at least fifty nanograms of marihuana metabolite per	2409
milliliter of the person's whole blood or blood serum or plasma.	2410

(ix) The person has a concentration of methamphetamine in the	2411
person's urine of at least five hundred nanograms of	2412
methamphetamine per milliliter of the person's urine or has a	2413
concentration of methamphetamine in the person's whole blood or	2414
blood serum or plasma of at least one hundred nanograms of	2415
methamphetamine per milliliter of the person's whole blood or	2416
blood serum or plasma.	2417

(x) The person has a concentration of phencyclidine in the	2418
person's urine of at least twenty-five nanograms of phencyclidine	2419
per milliliter of the person's urine or has a concentration of	2420
phencyclidine in the person's whole blood or blood serum or plasma	2421
of at least ten nanograms of phencyclidine per milliliter of the	2422
person's whole blood or blood serum or plasma.	2423

(xi) The state board of pharmacy has adopted a rule pursuant	2424
to section 4729.041 of the Revised Code that specifies the amount	2425
of salvia divinorum and the amount of salvinorin A that constitute	2426
concentrations of salvia divinorum and salvinorin A in a person's	2427
urine, in a person's whole blood, or in a person's blood serum or	2428
plasma at or above which the person is impaired for purposes of	2429
operating any vehicle, streetcar, or trackless trolley within this	2430
state, the rule is in effect, and the person has a concentration	2431
of salvia divinorum or salvinorin A of at least that amount so	2432
specified by rule in the person's urine, in the person's whole	2433
blood, or in the person's blood serum or plasma.	2434

(2) No person who, within twenty years of the conduct	2435
described in division (A)(2)(a) of this section, previously has	2436
been convicted of or pleaded guilty to a violation of this	2437
division, a violation of division (A)(1) or (B) of this section,	2438
or any other equivalent offense shall do both of the following:	2439

(a) Operate any vehicle, streetcar, or trackless trolley	2440
within this state while under the influence of alcohol, a drug of	2441
abuse, or a combination of them;	2442

(b) Subsequent to being arrested for operating the vehicle,	2443
streetcar, or trackless trolley as described in division (A)(2)(a)	2444
of this section, being asked by a law enforcement officer to	2445
submit to a chemical test or tests under section 4511.191 of the	2446
Revised Code, and being advised by the officer in accordance with	2447
section 4511.192 of the Revised Code of the consequences of the	2448
person's refusal or submission to the test or tests, refuse to	2449
submit to the test or tests.	2450

(B) No person under twenty-one years of age shall operate any	2451
vehicle, streetcar, or trackless trolley within this state, if, at	2452
the time of the operation, any of the following apply:	2453

(1) The person has a concentration of at least two-hundredths	2454
of one per cent but less than eight-hundredths of one per cent by	2455
weight per unit volume of alcohol in the person's whole blood.	2456

(2) The person has a concentration of at least	2457
three-hundredths of one per cent but less than	2458
ninety-six-thousandths of one per cent by weight per unit volume	2459
of alcohol in the person's blood serum or plasma.	2460

(3) The person has a concentration of at least two-hundredths	2461
of one gram but less than eight-hundredths of one gram by weight	2462
of alcohol per two hundred ten liters of the person's breath.	2463

(4) The person has a concentration of at least twenty-eight	2464
one-thousandths of one gram but less than eleven-hundredths of one	2465
gram by weight of alcohol per one hundred milliliters of the	2466
person's urine.	2467

(C) In any proceeding arising out of one incident, a person	2468
may be charged with a violation of division (A)(1)(a) or (A)(2)	2469
and a violation of division (B)(1), (2), or (3) of this section,	2470
but the person may not be convicted of more than one violation of	2471
these divisions.	2472

(D)(1)(a) In any criminal prosecution or juvenile court	2473
proceeding for a violation of division (A)(1)(a) of this section	2474
or for an equivalent offense that is vehicle-related, the result	2475
of any test of any blood or urine withdrawn and analyzed at any	2476
health care provider, as defined in section 2317.02 of the	2477
Revised Code, may be admitted with expert testimony to be	2478
considered with any other relevant and competent evidence in	2479
determining the guilt or innocence of the defendant.	2480

(b) In any criminal prosecution or juvenile court proceeding	2481
for a violation of division (A) or (B) of this section or for an	2482
equivalent offense that is vehicle-related, the court may admit	2483
evidence on the concentration of alcohol, drugs of abuse,	2484
controlled substances, metabolites of a controlled substance, or	2485
a combination of them in the defendant's whole blood, blood serum	2486
or plasma, breath, urine, or other bodily substance at the time	2487
of the alleged violation as shown by chemical analysis of the	2488
substance withdrawn within three hours of the time of the alleged	2489
violation. The three-hour time limit specified in this division	2490
regarding the admission of evidence does not extend or affect the	2491
two-hour time limit specified in division (A) of section 4511.192	2492
of the Revised Code as the maximum period of time during which a	2493
person may consent to a chemical test or tests as described in	2494
that section. The court may admit evidence on the concentration	2495
of alcohol, drugs of abuse, or a combination of them as described	2496
in this division when a person submits to a blood, breath, urine,	2497
or other bodily substance test at the request of a law	2498
enforcement officer under section 4511.191 of the Revised Code or	2499
a blood or urine sample is obtained pursuant to a search warrant.	2500
Only a physician, a registered nurse, or a qualified technician,	2501
chemist, or phlebotomist shall withdraw a blood sample for the	2502
purpose of determining the alcohol, drug, controlled substance,	2503
metabolite of a controlled substance, or combination content of	2504
the whole blood, blood serum, or blood plasma. This limitation	2505
does not apply to the taking of breath or urine specimens. A	2506
person authorized to withdraw blood under this division may	2507
refuse to withdraw blood under this division, if in that person's	2508
opinion, the physical welfare of the person would be endangered	2509
by the withdrawing of blood.	2510

The bodily substance withdrawn under division (D)(1)(b) of	2511
this section shall be analyzed in accordance with methods approved	2512
by the director of health by an individual possessing a valid	2513
permit issued by the director pursuant to section 3701.143 of the	2514
Revised Code.	2515

(2) In a criminal prosecution or juvenile court proceeding	2516
for a violation of division (A) of this section or for an	2517
equivalent offense that is vehicle-related, if there was at the	2518
time the bodily substance was withdrawn a concentration of less	2519
than the applicable concentration of alcohol specified in	2520
divisions (A)(1)(b), (c), (d), and (e) of this section or less	2521
than the applicable concentration of a listed controlled	2522
substance or a listed metabolite of a controlled substance	2523
specified for a violation of division (A)(1)(j) of this section,	2524
that fact may be considered with other competent evidence in	2525
determining the guilt or innocence of the defendant. This division	2526
does not limit or affect a criminal prosecution or juvenile court	2527
proceeding for a violation of division (B) of this section or for	2528
an equivalent offense that is substantially equivalent to that	2529
division.	2530

(3) Upon the request of the person who was tested, the	2531
results of the chemical test shall be made available to the person	2532
or the person's attorney, immediately upon the completion of the	2533
chemical test analysis.	2534

If the chemical test was obtained pursuant to division	2535
(D)(1)(b) of this section, the person tested may have a physician,	2536
a registered nurse, or a qualified technician, chemist, or	2537
phlebotomist of the person's own choosing administer a chemical	2538
test or tests, at the person's expense, in addition to any	2539
administered at the request of a law enforcement officer. TheIf	2540
the person was under arrest as described in division (A)(5) of	2541
section 4511.191 of the Revised Code, the arresting officer shall	2542
advise the person at the time of the arrest that the person may	2543
have an independent chemical test taken at the person's own	2544
expense. If the person was under arrest other than described in	2545
division (A)(5) of section 4511.191 of the Revised Code, the form	2546
to be read to the person to be tested, as required under section	2547
4511.192 of the Revised Code, shall state that the person may have	2548
an independent test performed at the person's expense. The failure	2549
or inability to obtain an additional chemical test by a person	2550
shall not preclude the admission of evidence relating to the	2551
chemical test or tests taken at the request of a law enforcement	2552
officer.	2553

(4)(a) As used in divisions (D)(4)(b) and (c) of this	2554
section, "national highway traffic safety administration" means	2555
the national highway traffic safety administration established as	2556
an administration of the United States department of	2557
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	2558

(b) In any criminal prosecution or juvenile court proceeding	2559
for a violation of division (A) or (B) of this section, of a	2560
municipal ordinance relating to operating a vehicle while under	2561
the influence of alcohol, a drug of abuse, or alcohol and a drug	2562
of abuse, or of a municipal ordinance relating to operating a	2563
vehicle with a prohibited concentration of alcohol, a controlled	2564
substance, or a metabolite of a controlled substance in the whole	2565
blood, blood serum or plasma, breath, or urine, if a law	2566
enforcement officer has administered a field sobriety test to the	2567
operator of the vehicle involved in the violation and if it is	2568
shown by clear and convincing evidence that the officer	2569
administered the test in substantial compliance with the testing	2570
standards for any reliable, credible, and generally accepted field	2571
sobriety tests that were in effect at the time the tests were	2572
administered, including, but not limited to, any testing standards	2573
then in effect that were set by the national highway traffic	2574
safety administration, all of the following apply:	2575

(i) The officer may testify concerning the results of the	2576
field sobriety test so administered.	2577

(ii) The prosecution may introduce the results of the field	2578
sobriety test so administered as evidence in any proceedings in	2579
the criminal prosecution or juvenile court proceeding.	2580

(iii) If testimony is presented or evidence is introduced	2581
under division (D)(4)(b)(i) or (ii) of this section and if the	2582
testimony or evidence is admissible under the Rules of Evidence,	2583
the court shall admit the testimony or evidence and the trier of	2584
fact shall give it whatever weight the trier of fact considers to	2585
be appropriate.	2586

(c) Division (D)(4)(b) of this section does not limit or	2587
preclude a court, in its determination of whether the arrest of a	2588
person was supported by probable cause or its determination of any	2589
other matter in a criminal prosecution or juvenile court	2590
proceeding of a type described in that division, from considering	2591
evidence or testimony that is not otherwise disallowed by division	2592
(D)(4)(b) of this section.	2593

(E)(1) Subject to division (E)(3) of this section, in any	2594
criminal prosecution or juvenile court proceeding for a violation	2595
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	2596
or (B)(1), (2), (3), or (4) of this section or for an equivalent	2597
offense that is substantially equivalent to any of those	2598
divisions, a laboratory report from any laboratory personnel	2599
issued a permit by the department of health authorizing an	2600
analysis as described in this division that contains an analysis	2601
of the whole blood, blood serum or plasma, breath, urine, or other	2602
bodily substance tested and that contains all of the information	2603
specified in this division shall be admitted as prima-facie	2604
evidence of the information and statements that the report	2605
contains. The laboratory report shall contain all of the	2606
following:	2607

(a) The signature, under oath, of any person who performed	2608
the analysis;	2609

(b) Any findings as to the identity and quantity of alcohol,	2610
a drug of abuse, a controlled substance, a metabolite of a	2611
controlled substance, or a combination of them that was found;	2612

(c) A copy of a notarized statement by the laboratory	2613
director or a designee of the director that contains the name of	2614
each certified analyst or test performer involved with the report,	2615
the analyst's or test performer's employment relationship with the	2616
laboratory that issued the report, and a notation that performing	2617
an analysis of the type involved is part of the analyst's or test	2618
performer's regular duties;	2619

(d) An outline of the analyst's or test performer's	2620
education, training, and experience in performing the type of	2621
analysis involved and a certification that the laboratory	2622
satisfies appropriate quality control standards in general and, in	2623
this particular analysis, under rules of the department of health.	2624

(2) Notwithstanding any other provision of law regarding the	2625
admission of evidence, a report of the type described in division	2626
(E)(1) of this section is not admissible against the defendant to	2627
whom it pertains in any proceeding, other than a preliminary	2628
hearing or a grand jury proceeding, unless the prosecutor has	2629
served a copy of the report on the defendant's attorney or, if the	2630
defendant has no attorney, on the defendant.	2631

(3) A report of the type described in division (E)(1) of this	2632
section shall not be prima-facie evidence of the contents,	2633
identity, or amount of any substance if, within seven days after	2634
the defendant to whom the report pertains or the defendant's	2635
attorney receives a copy of the report, the defendant or the	2636
defendant's attorney demands the testimony of the person who	2637
signed the report. The judge in the case may extend the seven-day	2638
time limit in the interest of justice.	2639

(F) Except as otherwise provided in this division, any	2640
physician, registered nurse, or qualified technician, chemist, or	2641
phlebotomist who withdraws blood from a person pursuant to this	2642
section or section 4511.191 or 4511.192 of the Revised Code, and	2643
any hospital, first-aid station, or clinic at which blood is	2644
withdrawn from a person pursuant to this section or section	2645
4511.191 or 4511.192 of the Revised Code, is immune from criminal	2646
liability and civil liability based upon a claim of assault and	2647
battery or any other claim that is not a claim of malpractice, for	2648
any act performed in withdrawing blood from the person. The	2649
immunity provided in this division is not available to a person	2650
who withdraws blood if the person engages in willful or wanton	2651
misconduct.	2652

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	2653
to (i) or (A)(2) of this section is guilty of operating a vehicle	2654
under the influence of alcohol, a drug of abuse, or a combination	2655
of them. Whoever violates division (A)(1)(j) of this section is	2656
guilty of operating a vehicle while under the influence of a	2657
listed controlled substance or a listed metabolite of a controlled	2658
substance. The court shall sentence the offender for either	2659
offense under Chapter 2929. of the Revised Code, except as	2660
otherwise authorized or required by divisions (G)(1)(a) to (e) of	2661
this section:	2662

(a) Except as otherwise provided in division (G)(1)(b), (c),	2663
(d), or (e) of this section, the offender is guilty of a	2664
misdemeanor of the first degree, and the court shall sentence the	2665
offender to all of the following:	2666

(i) If the sentence is being imposed for a violation of	2667
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2668
mandatory jail term of three consecutive days. As used in this	2669
division, three consecutive days means seventy-two consecutive	2670
hours. The court may sentence an offender to both an intervention	2671
program and a jail term. The court may impose a jail term in	2672
addition to the three-day mandatory jail term or intervention	2673
program. However, in no case shall the cumulative jail term	2674
imposed for the offense exceed six months.	2675

The court may suspend the execution of the three-day jail	2676
term under this division if the court, in lieu of that suspended	2677
term, places the offender under a community control sanction	2678
pursuant to section 2929.25 of the Revised Code and requires the	2679
offender to attend, for three consecutive days, a drivers'	2680
intervention program certified under section 3793.10 of the	2681
Revised Code. The court also may suspend the execution of any	2682
part of the three-day jail term under this division if it places	2683
the offender under a community control sanction pursuant to	2684
section 2929.25 of the Revised Code for part of the three days,	2685
requires the offender to attend for the suspended part of the term	2686
a drivers' intervention program so certified, and sentences the	2687
offender to a jail term equal to the remainder of the three	2688
consecutive days that the offender does not spend attending the	2689
program. The court may require the offender, as a condition of	2690
community control and in addition to the required attendance at a	2691
drivers' intervention program, to attend and satisfactorily	2692
complete any treatment or education programs that comply with the	2693
minimum standards adopted pursuant to Chapter 3793. of the Revised	2694
Code by the director of alcohol and drug addiction services that	2695
the operators of the drivers' intervention program determine that	2696
the offender should attend and to report periodically to the court	2697
on the offender's progress in the programs. The court also may	2698
impose on the offender any other conditions of community control	2699
that it considers necessary.	2700

(ii) If the sentence is being imposed for a violation of	2701
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2702
section, except as otherwise provided in this division, a	2703
mandatory jail term of at least three consecutive days and a	2704
requirement that the offender attend, for three consecutive days,	2705
a drivers' intervention program that is certified pursuant to	2706
section 3793.10 of the Revised Code. As used in this division,	2707
three consecutive days means seventy-two consecutive hours. If the	2708
court determines that the offender is not conducive to treatment	2709
in a drivers' intervention program, if the offender refuses to	2710
attend a drivers' intervention program, or if the jail at which	2711
the offender is to serve the jail term imposed can provide a	2712
driver's intervention program, the court shall sentence the	2713
offender to a mandatory jail term of at least six consecutive	2714
days.	2715

The court may require the offender, under a community control	2716
sanction imposed under section 2929.25 of the Revised Code, to	2717
attend and satisfactorily complete any treatment or education	2718
programs that comply with the minimum standards adopted pursuant	2719
to Chapter 3793. of the Revised Code by the director of alcohol	2720
and drug addiction services, in addition to the required	2721
attendance at drivers' intervention program, that the operators of	2722
the drivers' intervention program determine that the offender	2723
should attend and to report periodically to the court on the	2724
offender's progress in the programs. The court also may impose any	2725
other conditions of community control on the offender that it	2726
considers necessary.	2727

(iii) In all cases, a fine of not less than three hundred	2728
seventy-five and not more than one thousand seventy-five	2729
dollars;	2730

(iv) In all cases, a class five license suspension of the	2731
offender's driver's or commercial driver's license or permit or	2732
nonresident operating privilege from the range specified in	2733
division (A)(5) of section 4510.02 of the Revised Code. The court	2734
may grant limited driving privileges relative to the suspension	2735
under sections 4510.021 and 4510.13 of the Revised Code.	2736

(b) Except as otherwise provided in division (G)(1)(e) of	2737
this section, an offender who, within six years of the offense,	2738
previously has been convicted of or pleaded guilty to one	2739
violation of division (A) or (B) of this section or one other	2740
equivalent offense is guilty of a misdemeanor of the first degree.	2741
The court shall sentence the offender to all of the following:	2742

(i) If the sentence is being imposed for a violation of	2743
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2744
mandatory jail term of ten consecutive days. The court shall	2745
impose the ten-day mandatory jail term under this division unless,	2746
subject to division (G)(3) of this section, it instead imposes a	2747
sentence under that division consisting of both a jail term and a	2748
term of house arrest with electronic monitoring, with continuous	2749
alcohol monitoring, or with both electronic monitoring and	2750
continuous alcohol monitoring. The court may impose a jail term in	2751
addition to the ten-day mandatory jail term. The cumulative jail	2752
term imposed for the offense shall not exceed six months.	2753

In addition to the jail term or the term of house arrest with	2754
electronic monitoring or continuous alcohol monitoring or both	2755
types of monitoring and jail term, the court shall require the	2756
offender to be assessed by an alcohol and drug treatment program	2757
that is authorized by section 3793.02 of the Revised Code,	2758
subject to division (I) of this section, and shall order the	2759
offender to follow the treatment recommendations of the program.	2760
The purpose of the assessment is to determine the degree of the	2761
offender's alcohol usage and to determine whether or not	2762
treatment is warranted. Upon the request of the court, the program	2763
shall submit the results of the assessment to the court,	2764
including all treatment recommendations and clinical diagnoses	2765
related to alcohol use.	2766

(ii) If the sentence is being imposed for a violation of	2767
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2768
section, except as otherwise provided in this division, a	2769
mandatory jail term of twenty consecutive days. The court shall	2770
impose the twenty-day mandatory jail term under this division	2771
unless, subject to division (G)(3) of this section, it instead	2772
imposes a sentence under that division consisting of both a jail	2773
term and a term of house arrest with electronic monitoring, with	2774
continuous alcohol monitoring, or with both electronic monitoring	2775
and continuous alcohol monitoring. The court may impose a jail	2776
term in addition to the twenty-day mandatory jail term. The	2777
cumulative jail term imposed for the offense shall not exceed six	2778
months.	2779

In addition to the jail term or the term of house arrest with	2780
electronic monitoring or continuous alcohol monitoring or both	2781
types of monitoring and jail term, the court shall require the	2782
offender to be assessed by an alcohol and drug treatment program	2783
that is authorized by section 3793.02 of the Revised Code,	2784
subject to division (I) of this section, and shall order the	2785
offender to follow the treatment recommendations of the program.	2786
The purpose of the assessment is to determine the degree of the	2787
offender's alcohol usage and to determine whether or not	2788
treatment is warranted. Upon the request of the court, the program	2789
shall submit the results of the assessment to the court,	2790
including all treatment recommendations and clinical diagnoses	2791
related to alcohol use.	2792

(iii) In all cases, notwithstanding the fines set forth in	2793
Chapter 2929. of the Revised Code, a fine of not less than five	2794
hundred twenty-five and not more than one thousand six hundred	2795
twenty-five dollars;	2796

(iv) In all cases, a class four license suspension of the	2797
offender's driver's license, commercial driver's license,	2798
temporary instruction permit, probationary license, or nonresident	2799
operating privilege from the range specified in division (A)(4) of	2800
section 4510.02 of the Revised Code. The court may grant limited	2801
driving privileges relative to the suspension under sections	2802
4510.021 and 4510.13 of the Revised Code.	2803

(v) In all cases, if the vehicle is registered in the	2804
offender's name, immobilization of the vehicle involved in the	2805
offense for ninety days in accordance with section 4503.233 of the	2806
Revised Code and impoundment of the license plates of that vehicle	2807
for ninety days.	2808

(c) Except as otherwise provided in division (G)(1)(e) of	2809
this section, an offender who, within six years of the offense,	2810
previously has been convicted of or pleaded guilty to two	2811
violations of division (A) or (B) of this section or other	2812
equivalent offenses is guilty of a misdemeanor. The court shall	2813
sentence the offender to all of the following:	2814

(i) If the sentence is being imposed for a violation of	2815
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2816
mandatory jail term of thirty consecutive days. The court shall	2817
impose the thirty-day mandatory jail term under this division	2818
unless, subject to division (G)(3) of this section, it instead	2819
imposes a sentence under that division consisting of both a jail	2820
term and a term of house arrest with electronic monitoring, with	2821
continuous alcohol monitoring, or with both electronic monitoring	2822
and continuous alcohol monitoring. The court may impose a jail	2823
term in addition to the thirty-day mandatory jail term.	2824
Notwithstanding the jail terms set forth in sections 2929.21 to	2825
2929.28 of the Revised Code, the additional jail term shall not	2826
exceed one year, and the cumulative jail term imposed for the	2827
offense shall not exceed one year.	2828

(ii) If the sentence is being imposed for a violation of	2829
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2830
section, a mandatory jail term of sixty consecutive days. The	2831
court shall impose the sixty-day mandatory jail term under this	2832
division unless, subject to division (G)(3) of this section, it	2833
instead imposes a sentence under that division consisting of both	2834
a jail term and a term of house arrest with electronic monitoring,	2835
with continuous alcohol monitoring, or with both electronic	2836
monitoring and continuous alcohol monitoring. The court may impose	2837
a jail term in addition to the sixty-day mandatory jail term.	2838
Notwithstanding the jail terms set forth in sections 2929.21 to	2839
2929.28 of the Revised Code, the additional jail term shall not	2840
exceed one year, and the cumulative jail term imposed for the	2841
offense shall not exceed one year.	2842

(iii) In all cases, notwithstanding the fines set forth in	2843
Chapter 2929. of the Revised Code, a fine of not less than eight	2844
hundred fifty and not more than two thousand seven hundred fifty	2845
dollars;	2846

(iv) In all cases, a class three license suspension of the	2847
offender's driver's license, commercial driver's license,	2848
temporary instruction permit, probationary license, or nonresident	2849
operating privilege from the range specified in division (A)(3) of	2850
section 4510.02 of the Revised Code. The court may grant limited	2851
driving privileges relative to the suspension under sections	2852
4510.021 and 4510.13 of the Revised Code.	2853

(v) In all cases, if the vehicle is registered in the	2854
offender's name, criminal forfeiture of the vehicle involved in	2855
the offense in accordance with section 4503.234 of the Revised	2856
Code. Division (G)(6) of this section applies regarding any	2857
vehicle that is subject to an order of criminal forfeiture under	2858
this division.	2859

(vi) In all cases, the court shall order the offender to	2860
participate in an alcohol and drug addiction program authorized	2861
by section 3793.02 of the Revised Code, subject to division (I)	2862
of this section, and shall order the offender to follow the	2863
treatment recommendations of the program. The operator of the	2864
program shall determine and assess the degree of the offender's	2865
alcohol dependency and shall make recommendations for treatment.	2866
Upon the request of the court, the program shall submit the	2867
results of the assessment to the court, including all treatment	2868
recommendations and clinical diagnoses related to alcohol use.	2869

(d) Except as otherwise provided in division (G)(1)(e) of	2870
this section, an offender who, within six years of the offense,	2871
previously has been convicted of or pleaded guilty to three or	2872
four violations of division (A) or (B) of this section or other	2873
equivalent offenses or an offender who, within twenty years of the	2874
offense, previously has been convicted of or pleaded guilty to	2875
five or more violations of that nature is guilty of a felony of	2876
the fourth degree. The court shall sentence the offender to all of	2877
the following:	2878

(i) If the sentence is being imposed for a violation of	2879
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2880
mandatory prison term of one, two, three, four, or five years as	2881
required by and in accordance with division (G)(2) of section	2882
2929.13 of the Revised Code if the offender also is convicted of	2883
or also pleads guilty to a specification of the type described in	2884
section 2941.1413 of the Revised Code or, in the discretion of the	2885
court, either a mandatory term of local incarceration of sixty	2886
consecutive days in accordance with division (G)(1) of section	2887
2929.13 of the Revised Code or a mandatory prison term of sixty	2888
consecutive days in accordance with division (G)(2) of that	2889
section if the offender is not convicted of and does not plead	2890
guilty to a specification of that type. If the court imposes a	2891
mandatory term of local incarceration, it may impose a jail term	2892
in addition to the sixty-day mandatory term, the cumulative total	2893
of the mandatory term and the jail term for the offense shall not	2894
exceed one year, and, except as provided in division (A)(1) of	2895
section 2929.13 of the Revised Code, no prison term is authorized	2896
for the offense. If the court imposes a mandatory prison term,	2897
notwithstanding division (A)(4) of section 2929.14 of the Revised	2898
Code, it also may sentence the offender to a definite prison term	2899
that shall be not less than six months and not more than thirty	2900
months and the prison terms shall be imposed as described in	2901
division (G)(2) of section 2929.13 of the Revised Code. If the	2902
court imposes a mandatory prison term or mandatory prison term and	2903
additional prison term, in addition to the term or terms so	2904
imposed, the court also may sentence the offender to a community	2905
control sanction for the offense, but the offender shall serve all	2906
of the prison terms so imposed prior to serving the community	2907
control sanction.	2908

(ii) If the sentence is being imposed for a violation of	2909
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2910
section, a mandatory prison term of one, two, three, four, or five	2911
years as required by and in accordance with division (G)(2) of	2912
section 2929.13 of the Revised Code if the offender also is	2913
convicted of or also pleads guilty to a specification of the type	2914
described in section 2941.1413 of the Revised Code or, in the	2915
discretion of the court, either a mandatory term of local	2916
incarceration of one hundred twenty consecutive days in accordance	2917
with division (G)(1) of section 2929.13 of the Revised Code or a	2918
mandatory prison term of one hundred twenty consecutive days in	2919
accordance with division (G)(2) of that section if the offender is	2920
not convicted of and does not plead guilty to a specification of	2921
that type. If the court imposes a mandatory term of local	2922
incarceration, it may impose a jail term in addition to the one	2923
hundred twenty-day mandatory term, the cumulative total of the	2924
mandatory term and the jail term for the offense shall not exceed	2925
one year, and, except as provided in division (A)(1) of section	2926
2929.13 of the Revised Code, no prison term is authorized for the	2927
offense. If the court imposes a mandatory prison term,	2928
notwithstanding division (A)(4) of section 2929.14 of the Revised	2929
Code, it also may sentence the offender to a definite prison term	2930
that shall be not less than six months and not more than thirty	2931
months and the prison terms shall be imposed as described in	2932
division (G)(2) of section 2929.13 of the Revised Code. If the	2933
court imposes a mandatory prison term or mandatory prison term and	2934
additional prison term, in addition to the term or terms so	2935
imposed, the court also may sentence the offender to a community	2936
control sanction for the offense, but the offender shall serve all	2937
of the prison terms so imposed prior to serving the community	2938
control sanction.	2939

(iii) In all cases, notwithstanding section 2929.18 of the	2940
Revised Code, a fine of not less than one thousand three hundred	2941
fifty nor more than ten thousand five hundred dollars;	2942

(iv) In all cases, a class two license suspension of the	2943
offender's driver's license, commercial driver's license,	2944
temporary instruction permit, probationary license, or nonresident	2945
operating privilege from the range specified in division (A)(2) of	2946
section 4510.02 of the Revised Code. The court may grant limited	2947
driving privileges relative to the suspension under sections	2948
4510.021 and 4510.13 of the Revised Code.	2949

(v) In all cases, if the vehicle is registered in the	2950
offender's name, criminal forfeiture of the vehicle involved in	2951
the offense in accordance with section 4503.234 of the Revised	2952
Code. Division (G)(6) of this section applies regarding any	2953
vehicle that is subject to an order of criminal forfeiture under	2954
this division.	2955

(vi) In all cases, the court shall order the offender to	2956
participate in an alcohol and drug addiction program authorized by	2957
section 3793.02 of the Revised Code, subject to division (I) of	2958
this section, and shall order the offender to follow the	2959
treatment recommendations of the program. The operator of the	2960
program shall determine and assess the degree of the offender's	2961
alcohol dependency and shall make recommendations for treatment.	2962
Upon the request of the court, the program shall submit the	2963
results of the assessment to the court, including all treatment	2964
recommendations and clinical diagnoses related to alcohol use.	2965

(vii) In all cases, if the court sentences the offender to a	2966
mandatory term of local incarceration, in addition to the	2967
mandatory term, the court, pursuant to section 2929.17 of the	2968
Revised Code, may impose a term of house arrest with electronic	2969
monitoring. The term shall not commence until after the offender	2970
has served the mandatory term of local incarceration.	2971

(e) An offender who previously has been convicted of or	2972
pleaded guilty to a violation of division (A) of this section that	2973
was a felony, regardless of when the violation and the conviction	2974
or guilty plea occurred, is guilty of a felony of the third	2975
degree. The court shall sentence the offender to all of the	2976
following:	2977

(i) If the offender is being sentenced for a violation of	2978
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	2979
mandatory prison term of one, two, three, four, or five years as	2980
required by and in accordance with division (G)(2) of section	2981
2929.13 of the Revised Code if the offender also is convicted of	2982
or also pleads guilty to a specification of the type described in	2983
section 2941.1413 of the Revised Code or a mandatory prison term	2984
of sixty consecutive days in accordance with division (G)(2) of	2985
section 2929.13 of the Revised Code if the offender is not	2986
convicted of and does not plead guilty to a specification of that	2987
type. The court may impose a prison term in addition to the	2988
mandatory prison term. The cumulative total of a sixty-day	2989
mandatory prison term and the additional prison term for the	2990
offense shall not exceed five years. In addition to the mandatory	2991
prison term or mandatory prison term and additional prison term	2992
the court imposes, the court also may sentence the offender to a	2993
community control sanction for the offense, but the offender	2994
shall serve all of the prison terms so imposed prior to serving	2995
the community control sanction.	2996

(ii) If the sentence is being imposed for a violation of	2997
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	2998
section, a mandatory prison term of one, two, three, four, or five	2999
years as required by and in accordance with division (G)(2) of	3000
section 2929.13 of the Revised Code if the offender also is	3001
convicted of or also pleads guilty to a specification of the type	3002
described in section 2941.1413 of the Revised Code or a mandatory	3003
prison term of one hundred twenty consecutive days in accordance	3004
with division (G)(2) of section 2929.13 of the Revised Code if the	3005
offender is not convicted of and does not plead guilty to a	3006
specification of that type. The court may impose a prison term in	3007
addition to the mandatory prison term. The cumulative total of a	3008
one hundred twenty-day mandatory prison term and the additional	3009
prison term for the offense shall not exceed five years. In	3010
addition to the mandatory prison term or mandatory prison term and	3011
additional prison term the court imposes, the court also may	3012
sentence the offender to a community control sanction for the	3013
offense, but the offender shall serve all of the prison terms so	3014
imposed prior to serving the community control sanction.	3015

(iii) In all cases, notwithstanding section 2929.18 of the	3016
Revised Code, a fine of not less than one thousand three hundred	3017
fifty nor more than ten thousand five hundred dollars;	3018

(iv) In all cases, a class two license suspension of the	3019
offender's driver's license, commercial driver's license,	3020
temporary instruction permit, probationary license, or nonresident	3021
operating privilege from the range specified in division (A)(2) of	3022
section 4510.02 of the Revised Code. The court may grant limited	3023
driving privileges relative to the suspension under sections	3024
4510.021 and 4510.13 of the Revised Code.	3025

(v) In all cases, if the vehicle is registered in the	3026
offender's name, criminal forfeiture of the vehicle involved in	3027
the offense in accordance with section 4503.234 of the Revised	3028
Code. Division (G)(6) of this section applies regarding any	3029
vehicle that is subject to an order of criminal forfeiture under	3030
this division.	3031

(vi) In all cases, the court shall order the offender to	3032
participate in an alcohol and drug addiction program authorized	3033
by section 3793.02 of the Revised Code, subject to division (I)	3034
of this section, and shall order the offender to follow the	3035
treatment recommendations of the program. The operator of the	3036
program shall determine and assess the degree of the offender's	3037
alcohol dependency and shall make recommendations for treatment.	3038
Upon the request of the court, the program shall submit the	3039
results of the assessment to the court, including all treatment	3040
recommendations and clinical diagnoses related to alcohol use.	3041

(2) An offender who is convicted of or pleads guilty to a	3042
violation of division (A) of this section and who subsequently	3043
seeks reinstatement of the driver's or occupational driver's	3044
license or permit or nonresident operating privilege suspended	3045
under this section as a result of the conviction or guilty plea	3046
shall pay a reinstatement fee as provided in division (F)(2) of	3047
section 4511.191 of the Revised Code.	3048

(3) If an offender is sentenced to a jail term under division	3049
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	3050
if, within sixty days of sentencing of the offender, the court	3051
issues a written finding on the record that, due to the	3052
unavailability of space at the jail where the offender is required	3053
to serve the term, the offender will not be able to begin serving	3054
that term within the sixty-day period following the date of	3055
sentencing, the court may impose an alternative sentence under	3056
this division that includes a term of house arrest with electronic	3057
monitoring, with continuous alcohol monitoring, or with both	3058
electronic monitoring and continuous alcohol monitoring.	3059

As an alternative to a mandatory jail term of ten consecutive	3060
days required by division (G)(1)(b)(i) of this section, the court,	3061
under this division, may sentence the offender to five consecutive	3062
days in jail and not less than eighteen consecutive days of house	3063
arrest with electronic monitoring, with continuous alcohol	3064
monitoring, or with both electronic monitoring and continuous	3065
alcohol monitoring. The cumulative total of the five consecutive	3066
days in jail and the period of house arrest with electronic	3067
monitoring, continuous alcohol monitoring, or both types of	3068
monitoring shall not exceed six months. The five consecutive days	3069
in jail do not have to be served prior to or consecutively to the	3070
period of house arrest.	3071

As an alternative to the mandatory jail term of twenty	3072
consecutive days required by division (G)(1)(b)(ii) of this	3073
section, the court, under this division, may sentence the offender	3074
to ten consecutive days in jail and not less than thirty-six	3075
consecutive days of house arrest with electronic monitoring, with	3076
continuous alcohol monitoring, or with both electronic monitoring	3077
and continuous alcohol monitoring. The cumulative total of the ten	3078
consecutive days in jail and the period of house arrest with	3079
electronic monitoring, continuous alcohol monitoring, or both	3080
types of monitoring shall not exceed six months. The ten	3081
consecutive days in jail do not have to be served prior to or	3082
consecutively to the period of house arrest.	3083

As an alternative to a mandatory jail term of thirty	3084
consecutive days required by division (G)(1)(c)(i) of this	3085
section, the court, under this division, may sentence the offender	3086
to fifteen consecutive days in jail and not less than fifty-five	3087
consecutive days of house arrest with electronic monitoring, with	3088
continuous alcohol monitoring, or with both electronic monitoring	3089
and continuous alcohol monitoring. The cumulative total of the	3090
fifteen consecutive days in jail and the period of house arrest	3091
with electronic monitoring, continuous alcohol monitoring, or both	3092
types of monitoring shall not exceed one year. The fifteen	3093
consecutive days in jail do not have to be served prior to or	3094
consecutively to the period of house arrest.	3095

As an alternative to the mandatory jail term of sixty	3096
consecutive days required by division (G)(1)(c)(ii) of this	3097
section, the court, under this division, may sentence the offender	3098
to thirty consecutive days in jail and not less than one hundred	3099
ten consecutive days of house arrest with electronic monitoring,	3100
with continuous alcohol monitoring, or with both electronic	3101
monitoring and continuous alcohol monitoring. The cumulative total	3102
of the thirty consecutive days in jail and the period of house	3103
arrest with electronic monitoring, continuous alcohol monitoring,	3104
or both types of monitoring shall not exceed one year. The thirty	3105
consecutive days in jail do not have to be served prior to or	3106
consecutively to the period of house arrest.	3107

(4) If an offender's driver's or occupational driver's	3108
license or permit or nonresident operating privilege is suspended	3109
under division (G) of this section and if section 4510.13 of the	3110
Revised Code permits the court to grant limited driving	3111
privileges, the court may grant the limited driving privileges in	3112
accordance with that section. If division (A)(7) of that section	3113
requires that the court impose as a condition of the privileges	3114
that the offender must display on the vehicle that is driven	3115
subject to the privileges restricted license plates that are	3116
issued under section 4503.231 of the Revised Code, except as	3117
provided in division (B) of that section, the court shall impose	3118
that condition as one of the conditions of the limited driving	3119
privileges granted to the offender, except as provided in division	3120
(B) of section 4503.231 of the Revised Code.	3121

(5) Fines imposed under this section for a violation of	3122
division (A) of this section shall be distributed as follows:	3123

(a) Twenty-five dollars of the fine imposed under division	3124
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	3125
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	3126
fine imposed under division (G)(1)(c)(iii), and two hundred ten	3127
dollars of the fine imposed under division (G)(1)(d)(iii) or	3128
(e)(iii) of this section shall be paid to an enforcement and	3129
education fund established by the legislative authority of the law	3130
enforcement agency in this state that primarily was responsible	3131
for the arrest of the offender, as determined by the court that	3132
imposes the fine. The agency shall use this share to pay only	3133
those costs it incurs in enforcing this section or a municipal OVI	3134
ordinance and in informing the public of the laws governing the	3135
operation of a vehicle while under the influence of alcohol, the	3136
dangers of the operation of a vehicle under the influence of	3137
alcohol, and other information relating to the operation of a	3138
vehicle under the influence of alcohol and the consumption of	3139
alcoholic beverages.	3140

(b) Fifty dollars of the fine imposed under division	3141
(G)(1)(a)(iii) of this section shall be paid to the political	3142
subdivision that pays the cost of housing the offender during the	3143
offender's term of incarceration. If the offender is being	3144
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	3145
(e), or (j) of this section and was confined as a result of the	3146
offense prior to being sentenced for the offense but is not	3147
sentenced to a term of incarceration, the fifty dollars shall be	3148
paid to the political subdivision that paid the cost of housing	3149
the offender during that period of confinement. The political	3150
subdivision shall use the share under this division to pay or	3151
reimburse incarceration or treatment costs it incurs in housing or	3152
providing drug and alcohol treatment to persons who violate this	3153
section or a municipal OVI ordinance, costs of any immobilizing or	3154
disabling device used on the offender's vehicle, and costs of	3155
electronic house arrest equipment needed for persons who violate	3156
this section.	3157

(c) Twenty-five dollars of the fine imposed under division	3158
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	3159
division (G)(1)(b)(iii) of this section shall be deposited into	3160
the county or municipal indigent drivers' alcohol treatment fund	3161
under the control of that court, as created by the county or	3162
municipal corporation under division (F) of section 4511.191 of	3163
the Revised Code.	3164

(d) One hundred fifteen dollars of the fine imposed under	3165
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	3166
fine imposed under division (G)(1)(c)(iii), and four hundred forty	3167
dollars of the fine imposed under division (G)(1)(d)(iii) or	3168
(e)(iii) of this section shall be paid to the political	3169
subdivision that pays the cost of housing the offender during the	3170
offender's term of incarceration. The political subdivision shall	3171
use this share to pay or reimburse incarceration or treatment	3172
costs it incurs in housing or providing drug and alcohol treatment	3173
to persons who violate this section or a municipal OVI ordinance,	3174
costs for any immobilizing or disabling device used on the	3175
offender's vehicle, and costs of electronic house arrest equipment	3176
needed for persons who violate this section.	3177

(e) Fifty dollars of the fine imposed under divisions	3178
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii),	3179
and (G)(1)(e)(iii) of this section shall be deposited into the	3180
special projects fund of the court in which the offender was	3181
convicted and that is established under division (E)(1) of	3182
section 2303.201 or, division (B)(1) of section 1901.26, or	3183
division (B)(1) of section 1907.24 of the Revised Code, to be	3184
used exclusively to cover the cost of immobilizing or disabling	3185
devices, including certified ignition interlock devices, and	3186
remote alcohol monitoring devices for indigent offenders who are	3187
required by a judge to use either of these devices. If the county	3188
or municipal corporationcourt in which the offender was	3189
convicted does not have a special projects fund that is	3190
established under division (E)(1) of section 2303.201 or,	3191
division (B)(1) of section 1901.26, or division (B)(1) of section	3192
1907.24 of the Revised Code, the fifty dollars shall be deposited	3193
into the indigent drivers interlock and alcohol monitoring fund	3194
under division (I) of section 4511.191 of the Revised Code.	3195

(f) Seventy-five dollars of the fine imposed under division	3196
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	3197
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	3198
of the fine imposed under division (G)(1)(c)(iii), and five	3199
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	3200
or (e)(iii) of this section shall be transmitted to the treasurer	3201
of state for deposit into the indigent defense support fund	3202
established under section 120.08 of the Revised Code.	3203

(g) The balance of the fine imposed under division	3204
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	3205
section shall be disbursed as otherwise provided by law.	3206

(6) If title to a motor vehicle that is subject to an order	3207
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	3208
this section is assigned or transferred and division (B)(2) or (3)	3209
of section 4503.234 of the Revised Code applies, in addition to or	3210
independent of any other penalty established by law, the court may	3211
fine the offender the value of the vehicle as determined by	3212
publications of the national auto dealers association. The	3213
proceeds of any fine so imposed shall be distributed in accordance	3214
with division (C)(2) of that section.	3215

(7) As used in division (G) of this section, "electronic	3216
monitoring," "mandatory prison term," and "mandatory term of local	3217
incarceration" have the same meanings as in section 2929.01 of the	3218
Revised Code.	3219

(H) Whoever violates division (B) of this section is guilty	3220
of operating a vehicle after underage alcohol consumption and	3221
shall be punished as follows:	3222

(1) Except as otherwise provided in division (H)(2) of this	3223
section, the offender is guilty of a misdemeanor of the fourth	3224
degree. In addition to any other sanction imposed for the offense,	3225
the court shall impose a class six suspension of the offender's	3226
driver's license, commercial driver's license, temporary	3227
instruction permit, probationary license, or nonresident operating	3228
privilege from the range specified in division (A)(6) of section	3229
4510.02 of the Revised Code.	3230

(2) If, within one year of the offense, the offender	3231
previously has been convicted of or pleaded guilty to one or more	3232
violations of division (A) or (B) of this section or other	3233
equivalent offenses, the offender is guilty of a misdemeanor of	3234
the third degree. In addition to any other sanction imposed for	3235
the offense, the court shall impose a class four suspension of the	3236
offender's driver's license, commercial driver's license,	3237
temporary instruction permit, probationary license, or nonresident	3238
operating privilege from the range specified in division (A)(4) of	3239
section 4510.02 of the Revised Code.	3240

(3) If the offender also is convicted of or also pleads	3241
guilty to a specification of the type described in section	3242
2941.1416 of the Revised Code and if the court imposes a jail term	3243
for the violation of division (B) of this section, the court shall	3244
impose upon the offender an additional definite jail term pursuant	3245
to division (E) of section 2929.24 of the Revised Code.	3246

(I)(1) No court shall sentence an offender to an alcohol	3247
treatment program under this section unless the treatment program	3248
complies with the minimum standards for alcohol treatment programs	3249
adopted under Chapter 3793. of the Revised Code by the director of	3250
alcohol and drug addiction services.	3251

(2) An offender who stays in a drivers' intervention program	3252
or in an alcohol treatment program under an order issued under	3253
this section shall pay the cost of the stay in the program.	3254
However, if the court determines that an offender who stays in an	3255
alcohol treatment program under an order issued under this section	3256
is unable to pay the cost of the stay in the program, the court	3257
may order that the cost be paid from the court's indigent drivers'	3258
alcohol treatment fund.	3259

(J) If a person whose driver's or commercial driver's license	3260
or permit or nonresident operating privilege is suspended under	3261
this section files an appeal regarding any aspect of the person's	3262
trial or sentence, the appeal itself does not stay the operation	3263
of the suspension.	3264

(K) Division (A)(1)(j) of this section does not apply to a	3265
person who operates a vehicle, streetcar, or trackless trolley	3266
while the person has a concentration of a listed controlled	3267
substance or a listed metabolite of a controlled substance in the	3268
person's whole blood, blood serum or plasma, or urine that equals	3269
or exceeds the amount specified in that division, if both of the	3270
following apply:	3271

(1) The person obtained the controlled substance pursuant to	3272
a prescription issued by a licensed health professional authorized	3273
to prescribe drugs.	3274

(2) The person injected, ingested, or inhaled the controlled	3275
substance in accordance with the health professional's directions.	3276

(L) The prohibited concentrations of a controlled substance	3277
or a metabolite of a controlled substance listed in division	3278
(A)(1)(j) of this section also apply in a prosecution of a	3279
violation of division (D) of section 2923.16 of the Revised Code	3280
in the same manner as if the offender is being prosecuted for a	3281
prohibited concentration of alcohol.	3282

(M) All terms defined in section 4510.01 of the Revised Code	3283
apply to this section. If the meaning of a term defined in section	3284
4510.01 of the Revised Code conflicts with the meaning of the same	3285
term as defined in section 4501.01 or 4511.01 of the Revised Code,	3286
the term as defined in section 4510.01 of the Revised Code applies	3287
to this section.	3288

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	3289
as adopted by the supreme court under authority of section 2937.46	3290
of the Revised Code, do not apply to felony violations of this	3291
section. Subject to division (N)(2) of this section, the Rules of	3292
Criminal Procedure apply to felony violations of this section.	3293

(2) If, on or after January 1, 2004, the supreme court	3294
modifies the Ohio Traffic Rules to provide procedures to govern	3295
felony violations of this section, the modified rules shall apply	3296
to felony violations of this section.	3297

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

3298

(a) "Physical control" has the same meaning as in section	3299
4511.194 of the Revised Code.	3300

(b) "Alcohol monitoring device" means any device that	3301
provides for continuous alcohol monitoring, any ignition interlock	3302
device, any immobilizing or disabling device other than an	3303
ignition interlock device that is constantly available to monitor	3304
the concentration of alcohol in a person's system, or any other	3305
device that provides for the automatic testing and periodic	3306
reporting of alcohol consumption by a person and that a court	3307
orders a person to use as a sanction imposed as a result of the	3308
person's conviction of or plea of guilty to an offense.	3309

(2) Any person who operates a vehicle, streetcar, or	3310
trackless trolley upon a highway or any public or private property	3311
used by the public for vehicular travel or parking within this	3312
state or who is in physical control of a vehicle, streetcar, or	3313
trackless trolley shall be deemed to have given consent to a	3314
chemical test or tests of the person's whole blood, blood serum or	3315
plasma, breath, or urine to determine the alcohol, drug of abuse,	3316
controlled substance, metabolite of a controlled substance, or	3317
combination content of the person's whole blood, blood serum or	3318
plasma, breath, or urine if arrested for a violation of division	3319
(A) or (B) of section 4511.19 of the Revised Code, section	3320
4511.194 of the Revised Code or a substantially equivalent	3321
municipal ordinance, or a municipal OVI ordinance.	3322

(3) The chemical test or tests under division (A)(2) of this	3323
section shall be administered at the request of a law enforcement	3324
officer having reasonable grounds to believe the person was	3325
operating or in physical control of a vehicle, streetcar, or	3326
trackless trolley in violation of a division, section, or	3327
ordinance identified in division (A)(2) of this section. The law	3328
enforcement agency by which the officer is employed shall	3329
designate which of the tests shall be administered.	3330

(4) Any person who is dead or unconscious, or who otherwise	3331
is in a condition rendering the person incapable of refusal, shall	3332
be deemed to have consented as provided in division (A)(2) of this	3333
section, and the test or tests may be administered, subject to	3334
sections 313.12 to 313.16 of the Revised Code.	3335

(5)(a) If a law enforcement officer arrests a person for a	3336
violation of division (A) or (B) of section 4511.19 of the Revised	3337
Code, section 4511.194 of the Revised Code or a substantially	3338
equivalent municipal ordinance, or a municipal OVI ordinance and	3339
if the person if convicted would be required to be sentenced under	3340
division (G)(1)(c), (d), or (e) of section 4511.19 of the	3341
Revised Code, the law enforcement officer shall request the	3342
person to submit, and the person shall submit, to a chemical	3343
test or tests of the person's whole blood, blood serum or	3344
plasma, breath, or urine for the purpose of determining the	3345
alcohol, drug of abuse, controlled substance, metabolite of a	3346
controlled substance, or combination content of the person's	3347
whole blood, blood serum or plasma, breath, or urine. A law	3348
enforcement officer who makes a request pursuant to this	3349
division that a person submit to a chemical test or tests is not	3350
required to advise the person of the consequences of submitting	3351
to, or refusing to submit to, the test or tests and is not	3352
required to give the person the form described in division (B) of	3353
section 4511.192 of the Revised Code, but the officer shall	3354
advise the person at the time of the arrest that if the person	3355
refuses to take a chemical test the officer may employ whatever	3356
reasonable means are necessary to ensure that the person submits	3357
to a chemical test of the person's whole blood or blood serum or	3358
plasma. The officer shall also advise the person at the time of	3359
the arrest that the person may have an independent chemical test	3360
taken at the person's own expense. Divisions (A)(3) and (4) of	3361
this section apply to the administration of a chemical test or	3362
tests pursuant to this division.	3363

(b) If a person refuses to submit to a chemical test upon a	3364
request made pursuant to division (A)(5)(a) of this section, the	3365
law enforcement officer who made the request may employ whatever	3366
reasonable means are necessary to ensure that the person submits	3367
to a chemical test of the person's whole blood or blood serum or	3368
plasma. A law enforcement officer who acts pursuant to this	3369
division to ensure that a person submits to a chemical test of the	3370
person's whole blood or blood serum or plasma is immune from	3371
criminal and civil liability based upon a claim for assault and	3372
battery or any other claim for the acts, unless the officer so	3373
acted with malicious purpose, in bad faith, or in a wanton or	3374
reckless manner.	3375

(B)(1) Upon receipt of the sworn report of a law enforcement	3376
officer who arrested a person for a violation of division (A) or	3377
(B) of section 4511.19 of the Revised Code, section 4511.194 of	3378
the Revised Code or a substantially equivalent municipal	3379
ordinance, or a municipal OVI ordinance that was completed and	3380
sent to the registrar and a court pursuant to section 4511.192 of	3381
the Revised Code in regard to a person who refused to take the	3382
designated chemical test, the registrar shall enter into the	3383
registrar's records the fact that the person's driver's or	3384
commercial driver's license or permit or nonresident operating	3385
privilege was suspended by the arresting officer under this	3386
division and that section and the period of the suspension, as	3387
determined under this section. The suspension shall be subject to	3388
appeal as provided in section 4511.197 of the Revised Code. The	3389
suspension shall be for whichever of the following periods	3390
applies:	3391

(a) Except when division (B)(1)(b), (c), or (d) of this	3392
section applies and specifies a different class or length of	3393
suspension, the suspension shall be a class C suspension for the	3394
period of time specified in division (B)(3) of section 4510.02 of	3395
the Revised Code.	3396

(b) If the arrested person, within six years of the date on	3397
which the person refused the request to consent to the chemical	3398
test, had refused one previous request to consent to a chemical	3399
test or had been convicted of or pleaded guilty to one violation	3400
of division (A) or (B) of section 4511.19 of the Revised Code or	3401
one other equivalent offense, the suspension shall be a class B	3402
suspension imposed for the period of time specified in division	3403
(B)(2) of section 4510.02 of the Revised Code.	3404

(c) If the arrested person, within six years of the date on	3405
which the person refused the request to consent to the chemical	3406
test, had refused two previous requests to consent to a chemical	3407
test, had been convicted of or pleaded guilty to two violations of	3408
division (A) or (B) of section 4511.19 of the Revised Code or	3409
other equivalent offenses, or had refused one previous request to	3410
consent to a chemical test and also had been convicted of or	3411
pleaded guilty to one violation of division (A) or (B) of section	3412
4511.19 of the Revised Code or other equivalent offenses, which	3413
violation or offense arose from an incident other than the	3414
incident that led to the refusal, the suspension shall be a class	3415
A suspension imposed for the period of time specified in division	3416
(B)(1) of section 4510.02 of the Revised Code.	3417

(d) If the arrested person, within six years of the date on	3418
which the person refused the request to consent to the chemical	3419
test, had refused three or more previous requests to consent to a	3420
chemical test, had been convicted of or pleaded guilty to three or	3421
more violations of division (A) or (B) of section 4511.19 of the	3422
Revised Code or other equivalent offenses, or had refused a number	3423
of previous requests to consent to a chemical test and also had	3424
been convicted of or pleaded guilty to a number of violations of	3425
division (A) or (B) of section 4511.19 of the Revised Code or	3426
other equivalent offenses that cumulatively total three or more	3427
such refusals, convictions, and guilty pleas, the suspension shall	3428
be for five years.	3429

(2) The registrar shall terminate a suspension of the	3430
driver's or commercial driver's license or permit of a resident or	3431
of the operating privilege of a nonresident, or a denial of a	3432
driver's or commercial driver's license or permit, imposed	3433
pursuant to division (B)(1) of this section upon receipt of notice	3434
that the person has entered a plea of guilty to, or that the	3435
person has been convicted after entering a plea of no contest to,	3436
operating a vehicle in violation of section 4511.19 of the Revised	3437
Code or in violation of a municipal OVI ordinance, if the offense	3438
for which the conviction is had or the plea is entered arose from	3439
the same incident that led to the suspension or denial.	3440

The registrar shall credit against any judicial suspension of	3441
a person's driver's or commercial driver's license or permit or	3442
nonresident operating privilege imposed pursuant to section	3443
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	3444
Revised Code for a violation of a municipal OVI ordinance, any	3445
time during which the person serves a related suspension imposed	3446
pursuant to division (B)(1) of this section.	3447

(C)(1) Upon receipt of the sworn report of the law	3448
enforcement officer who arrested a person for a violation of	3449
division (A) or (B) of section 4511.19 of the Revised Code or a	3450
municipal OVI ordinance that was completed and sent to the	3451
registrar and a court pursuant to section 4511.192 of the Revised	3452
Code in regard to a person whose test results indicate that the	3453
person's whole blood, blood serum or plasma, breath, or urine	3454
contained at least the concentration of alcohol specified in	3455
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	3456
Revised Code or at least the concentration of a listed controlled	3457
substance or a listed metabolite of a controlled substance	3458
specified in division (A)(1)(j) of section 4511.19 of the Revised	3459
Code, the registrar shall enter into the registrar's records the	3460
fact that the person's driver's or commercial driver's license or	3461
permit or nonresident operating privilege was suspended by the	3462
arresting officer under this division and section 4511.192 of the	3463
Revised Code and the period of the suspension, as determined under	3464
divisions (C)(1)(a) to (d) of this section. The suspension shall	3465
be subject to appeal as provided in section 4511.197 of the	3466
Revised Code. The suspension described in this division does not	3467
apply to, and shall not be imposed upon, a person arrested for a	3468
violation of section 4511.194 of the Revised Code or a	3469
substantially equivalent municipal ordinance who submits to a	3470
designated chemical test. The suspension shall be for whichever of	3471
the following periods applies:	3472

(a) Except when division (C)(1)(b), (c), or (d) of this	3473
section applies and specifies a different period, the suspension	3474
shall be a class E suspension imposed for the period of time	3475
specified in division (B)(5) of section 4510.02 of the Revised	3476
Code.	3477

(b) The suspension shall be a class C suspension for the	3478
period of time specified in division (B)(3) of section 4510.02 of	3479
the Revised Code if the person has been convicted of or pleaded	3480
guilty to, within six years of the date the test was conducted,	3481
one violation of division (A) or (B) of section 4511.19 of the	3482
Revised Code or one other equivalent offense.	3483

(c) If, within six years of the date the test was conducted,	3484
the person has been convicted of or pleaded guilty to two	3485
violations of a statute or ordinance described in division	3486
(C)(1)(b) of this section, the suspension shall be a class B	3487
suspension imposed for the period of time specified in division	3488
(B)(2) of section 4510.02 of the Revised Code.	3489

(d) If, within six years of the date the test was conducted,	3490
the person has been convicted of or pleaded guilty to more than	3491
two violations of a statute or ordinance described in division	3492
(C)(1)(b) of this section, the suspension shall be a class A	3493
suspension imposed for the period of time specified in division	3494
(B)(1) of section 4510.02 of the Revised Code.	3495

(2) The registrar shall terminate a suspension of the	3496
driver's or commercial driver's license or permit of a resident or	3497
of the operating privilege of a nonresident, or a denial of a	3498
driver's or commercial driver's license or permit, imposed	3499
pursuant to division (C)(1) of this section upon receipt of notice	3500
that the person has entered a plea of guilty to, or that the	3501
person has been convicted after entering a plea of no contest to,	3502
operating a vehicle in violation of section 4511.19 of the Revised	3503
Code or in violation of a municipal OVI ordinance, if the offense	3504
for which the conviction is had or the plea is entered arose from	3505
the same incident that led to the suspension or denial.	3506

The registrar shall credit against any judicial suspension of	3507
a person's driver's or commercial driver's license or permit or	3508
nonresident operating privilege imposed pursuant to section	3509
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	3510
Revised Code for a violation of a municipal OVI ordinance, any	3511
time during which the person serves a related suspension imposed	3512
pursuant to division (C)(1) of this section.	3513

(D)(1) A suspension of a person's driver's or commercial	3514
driver's license or permit or nonresident operating privilege	3515
under this section for the time described in division (B) or (C)	3516
of this section is effective immediately from the time at which	3517
the arresting officer serves the notice of suspension upon the	3518
arrested person. Any subsequent finding that the person is not	3519
guilty of the charge that resulted in the person being requested	3520
to take the chemical test or tests under division (A) of this	3521
section does not affect the suspension.	3522

(2) If a person is arrested for operating a vehicle,	3523
streetcar, or trackless trolley in violation of division (A) or	3524
(B) of section 4511.19 of the Revised Code or a municipal OVI	3525
ordinance, or for being in physical control of a vehicle,	3526
streetcar, or trackless trolley in violation of section 4511.194	3527
of the Revised Code or a substantially equivalent municipal	3528
ordinance, regardless of whether the person's driver's or	3529
commercial driver's license or permit or nonresident operating	3530
privilege is or is not suspended under division (B) or (C) of this	3531
section or Chapter 4510. of the Revised Code, the person's initial	3532
appearance on the charge resulting from the arrest shall be held	3533
within five days of the person's arrest or the issuance of the	3534
citation to the person, subject to any continuance granted by the	3535
court pursuant to section 4511.197 of the Revised Code regarding	3536
the issues specified in that division.	3537

(E) When it finally has been determined under the procedures	3538
of this section and sections 4511.192 to 4511.197 of the Revised	3539
Code that a nonresident's privilege to operate a vehicle within	3540
this state has been suspended, the registrar shall give	3541
information in writing of the action taken to the motor vehicle	3542
administrator of the state of the person's residence and of any	3543
state in which the person has a license.	3544

(F) At the end of a suspension period under this section,	3545
under section 4511.194, section 4511.196, or division (G) of	3546
section 4511.19 of the Revised Code, or under section 4510.07 of	3547
the Revised Code for a violation of a municipal OVI ordinance and	3548
upon the request of the person whose driver's or commercial	3549
driver's license or permit was suspended and who is not otherwise	3550
subject to suspension, cancellation, or disqualification, the	3551
registrar shall return the driver's or commercial driver's license	3552
or permit to the person upon the occurrence of all of the	3553
conditions specified in divisions (F)(1) and (2) of this section:	3554

(1) A showing that the person has proof of financial	3555
responsibility, a policy of liability insurance in effect that	3556
meets the minimum standards set forth in section 4509.51 of the	3557
Revised Code, or proof, to the satisfaction of the registrar, that	3558
the person is able to respond in damages in an amount at least	3559
equal to the minimum amounts specified in section 4509.51 of the	3560
Revised Code.	3561

(2) Subject to the limitation contained in division (F)(3) of	3562
this section, payment by the person to the bureau of motor	3563
vehicles of a license reinstatement fee of four hundred	3564
seventy-five dollars, which fee shall be deposited in the state	3565
treasury and credited as follows:	3566

(a) One hundred twelve dollars and fifty cents shall be	3567
credited to the statewide treatment and prevention fund created by	3568
section 4301.30 of the Revised Code. The fund shall be used to	3569
pay the costs of driver treatment and intervention programs	3570
operated pursuant to sections 3793.02 and 3793.10 of the Revised	3571
Code. The director of alcohol and drug addiction services shall	3572
determine the share of the fund that is to be allocated to alcohol	3573
and drug addiction programs authorized by section 3793.02 of the	3574
Revised Code, and the share of the fund that is to be allocated to	3575
drivers' intervention programs authorized by section 3793.10 of	3576
the Revised Code.	3577

(b) Seventy-five dollars shall be credited to the reparations	3578
fund created by section 2743.191 of the Revised Code.	3579

(c) Thirty-seven dollars and fifty cents shall be credited to	3580
the indigent drivers alcohol treatment fund, which is hereby	3581
established. Except as otherwise provided in division (F)(2)(c) of	3582
this section, moneys in the fund shall be distributed by the	3583
department of alcohol and drug addiction services to the county	3584
indigent drivers alcohol treatment funds, the county juvenile	3585
indigent drivers alcohol treatment funds, and the municipal	3586
indigent drivers alcohol treatment funds that are required to be	3587
established by counties and municipal corporations pursuant to	3588
this section, and shall be used only to pay the cost of an alcohol	3589
and drug addiction treatment program attended by an offender or	3590
juvenile traffic offender who is ordered to attend an alcohol and	3591
drug addiction treatment program by a county, juvenile, or	3592
municipal court judge and who is determined by the county,	3593
juvenile, or municipal court judge not to have the means to pay	3594
for the person's attendance at the program or to pay the costs	3595
specified in division (H)(4) of this section in accordance with	3596
that division. In addition, a county, juvenile, or municipal court	3597
judge may use moneys in the county indigent drivers alcohol	3598
treatment fund, county juvenile indigent drivers alcohol treatment	3599
fund, or municipal indigent drivers alcohol treatment fund to pay	3600
for the cost of the continued use of an alcohol monitoring device	3601
as described in divisions (H)(3) and (4) of this section. Moneys	3602
in the fund that are not distributed to a county indigent drivers	3603
alcohol treatment fund, a county juvenile indigent drivers alcohol	3604
treatment fund, or a municipal indigent drivers alcohol treatment	3605
fund under division (H) of this section because the director of	3606
alcohol and drug addiction services does not have the information	3607
necessary to identify the county or municipal corporation where	3608
the offender or juvenile offender was arrested may be transferred	3609
by the director of budget and management to the statewide	3610
treatment and prevention fund created by section 4301.30 of the	3611
Revised Code, upon certification of the amount by the director of	3612
alcohol and drug addiction services.	3613

(d) Seventy-five dollars shall be credited to the Ohio	3614
rehabilitation services commission established by section 3304.12	3615
of the Revised Code, to the services for rehabilitation fund,	3616
which is hereby established. The fund shall be used to match	3617
available federal matching funds where appropriate, and for any	3618
other purpose or program of the commission to rehabilitate people	3619
with disabilities to help them become employed and independent.	3620

(e) Seventy-five dollars shall be deposited into the state	3621
treasury and credited to the drug abuse resistance education	3622
programs fund, which is hereby established, to be used by the	3623
attorney general for the purposes specified in division (F)(4) of	3624
this section.	3625

(f) Thirty dollars shall be credited to the state bureau of	3626
motor vehicles fund created by section 4501.25 of the Revised	3627
Code.	3628

(g) Twenty dollars shall be credited to the trauma and	3629
emergency medical services grants fund created by section 4513.263	3630
of the Revised Code.	3631

(h) Fifty dollars shall be credited to the indigent drivers	3632
interlock and alcohol monitoring fund, which is hereby established	3633
in the state treasury. Monies in the fund shall be distributed by	3634
the department of public safety to the county indigent drivers	3635
interlock and alcohol monitoring funds, the county juvenile	3636
indigent drivers interlock and alcohol monitoring funds, and the	3637
municipal indigent drivers interlock and alcohol monitoring funds	3638
that are required to be established by counties and municipal	3639
corporations pursuant to this section, and shall be used only to	3640
pay the cost of an immobilizing or disabling device, including a	3641
certified ignition interlock device, or an alcohol monitoring	3642
device used by an offender or juvenile offender who is ordered to	3643
use the device by a county, juvenile, or municipal court judge and	3644
who is determined by the county, juvenile, or municipal court	3645
judge not to have the means to pay for the person's use of the	3646
device.	3647

(3) If a person's driver's or commercial driver's license or	3648
permit is suspended under this section, under section 4511.196 or	3649
division (G) of section 4511.19 of the Revised Code, under section	3650
4510.07 of the Revised Code for a violation of a municipal OVI	3651
ordinance or under any combination of the suspensions described in	3652
division (F)(3) of this section, and if the suspensions arise from	3653
a single incident or a single set of facts and circumstances, the	3654
person is liable for payment of, and shall be required to pay to	3655
the bureau, only one reinstatement fee of four hundred twenty-five	3656
dollars. The reinstatement fee shall be distributed by the bureau	3657
in accordance with division (F)(2) of this section.	3658

(4) The attorney general shall use amounts in the drug abuse	3659
resistance education programs fund to award grants to law	3660
enforcement agencies to establish and implement drug abuse	3661
resistance education programs in public schools. Grants awarded to	3662
a law enforcement agency under this section shall be used by the	3663
agency to pay for not more than fifty per cent of the amount of	3664
the salaries of law enforcement officers who conduct drug abuse	3665
resistance education programs in public schools. The attorney	3666
general shall not use more than six per cent of the amounts the	3667
attorney general's office receives under division (F)(2)(e) of	3668
this section to pay the costs it incurs in administering the grant	3669
program established by division (F)(2)(e) of this section and in	3670
providing training and materials relating to drug abuse resistance	3671
education programs.	3672

The attorney general shall report to the governor and the	3673
general assembly each fiscal year on the progress made in	3674
establishing and implementing drug abuse resistance education	3675
programs. These reports shall include an evaluation of the	3676
effectiveness of these programs.	3677

(G) Suspension of a commercial driver's license under	3678
division (B) or (C) of this section shall be concurrent with any	3679
period of disqualification under section 3123.611 or 4506.16 of	3680
the Revised Code or any period of suspension under section 3123.58	3681
of the Revised Code. No person who is disqualified for life from	3682
holding a commercial driver's license under section 4506.16 of the	3683
Revised Code shall be issued a driver's license under Chapter	3684
4507. of the Revised Code during the period for which the	3685
commercial driver's license was suspended under division (B) or	3686
(C) of this section. No person whose commercial driver's license	3687
is suspended under division (B) or (C) of this section shall be	3688
issued a driver's license under Chapter 4507. of the Revised Code	3689
during the period of the suspension.	3690

(H)(1) Each county shall establish an indigent drivers	3691
alcohol treatment fund, each county shall establish a juvenile	3692
indigent drivers alcohol treatment fund, and each municipal	3693
corporation in which there is a municipal court shall establish an	3694
indigent drivers alcohol treatment fund. All revenue that the	3695
general assembly appropriates to the indigent drivers alcohol	3696
treatment fund for transfer to a county indigent drivers alcohol	3697
treatment fund, a county juvenile indigent drivers alcohol	3698
treatment fund, or a municipal indigent drivers alcohol treatment	3699
fund, all portions of fees that are paid under division (F) of	3700
this section and that are credited under that division to the	3701
indigent drivers alcohol treatment fund in the state treasury for	3702
a county indigent drivers alcohol treatment fund, a county	3703
juvenile indigent drivers alcohol treatment fund, or a municipal	3704
indigent drivers alcohol treatment fund, all portions of	3705
additional costs imposed under section 2949.094 of the Revised	3706
Code that are specified for deposit into a county, county	3707
juvenile, or municipal indigent drivers alcohol treatment fund by	3708
that section, and all portions of fines that are specified for	3709
deposit into a county or municipal indigent drivers alcohol	3710
treatment fund by section 4511.193 of the Revised Code shall be	3711
deposited into that county indigent drivers alcohol treatment	3712
fund, county juvenile indigent drivers alcohol treatment fund, or	3713
municipal indigent drivers alcohol treatment fund. The portions of	3714
the fees paid under division (F) of this section that are to be so	3715
deposited shall be determined in accordance with division (H)(2)	3716
of this section. Additionally, all portions of fines that are	3717
paid for a violation of section 4511.19 of the Revised Code or	3718
of any prohibition contained in Chapter 4510. of the Revised	3719
Code, and that are required under section 4511.19 or any provision	3720
of Chapter 4510. of the Revised Code to be deposited into a	3721
county indigent drivers alcohol treatment fund or municipal	3722
indigent drivers alcohol treatment fund shall be deposited into	3723
the appropriate fund in accordance with the applicable division of	3724
the section or provision.	3725

(2) That portion of the license reinstatement fee that is	3726
paid under division (F) of this section and that is credited under	3727
that division to the indigent drivers alcohol treatment fund and	3728
that portion of the additional court cost that is imposed under	3729
section 2949.094 of the Revised Code and that is specified by that	3730
section for deposit into the indigent drivers alcohol treatment	3731
fund shall be deposited into a county indigent drivers alcohol	3732
treatment fund, a county juvenile indigent drivers alcohol	3733
treatment fund, or a municipal indigent drivers alcohol treatment	3734
fund as follows:	3735

(a) Regarding a suspension imposed under this section or	3736
additional court costs, that portion of the fee shall be deposited	3737
as follows:	3738

(i) If the fee or court cost is paid by a person who was	3739
charged in a county court with the violation that resulted in the	3740
suspension or in the imposition of the court costs, the portion	3741
shall be deposited into the county indigent drivers alcohol	3742
treatment fund under the control of that court;	3743

(ii) If the fee or court cost is paid by a person who was	3744
charged in a juvenile court with the violation that resulted in	3745
the suspension or in the imposition of the court costs, the	3746
portion shall be deposited into the county juvenile indigent	3747
drivers alcohol treatment fund established in the county served by	3748
the court;	3749

(iii) If the fee or court cost is paid by a person who was	3750
charged in a municipal court with the violation that resulted in	3751
the suspension or in the imposition of the court costs, the	3752
portion shall be deposited into the municipal indigent drivers	3753
alcohol treatment fund under the control of that court.	3754

(b) Regarding a suspension imposed under section 4511.19 of	3755
the Revised Code or under section 4510.07 of the Revised Code for	3756
a violation of a municipal OVI ordinance, that portion of the fee	3757
shall be deposited as follows:	3758

(i) If the fee is paid by a person whose license or permit	3759
was suspended by a county court, the portion shall be deposited	3760
into the county indigent drivers alcohol treatment fund under the	3761
control of that court;	3762

(ii) If the fee is paid by a person whose license or permit	3763
was suspended by a municipal court, the portion shall be deposited	3764
into the municipal indigent drivers alcohol treatment fund under	3765
the control of that court.	3766

(3) Expenditures from a county indigent drivers alcohol	3767
treatment fund, a county juvenile indigent drivers alcohol	3768
treatment fund, or a municipal indigent drivers alcohol treatment	3769
fund shall be made only upon the order of a county, juvenile, or	3770
municipal court judge and only for payment of the cost of an	3771
assessment or the cost of the attendance at an alcohol and drug	3772
addiction treatment program of a person who is convicted of, or	3773
found to be a juvenile traffic offender by reason of, a violation	3774
of division (A) of section 4511.19 of the Revised Code or a	3775
substantially similar municipal ordinance, who is ordered by the	3776
court to attend the alcohol and drug addiction treatment program,	3777
and who is determined by the court to be unable to pay the cost of	3778
the assessment or the cost of attendance at the treatment program	3779
or for payment of the costs specified in division (H)(4) of this	3780
section in accordance with that division. The alcohol and drug	3781
addiction services board or the board of alcohol, drug addiction,	3782
and mental health services established pursuant to section 340.02	3783
or 340.021 of the Revised Code and serving the alcohol, drug	3784
addiction, and mental health service district in which the court	3785
is located shall administer the indigent drivers alcohol treatment	3786
program of the court. When a court orders an offender or juvenile	3787
traffic offender to obtain an assessment or attend an alcohol and	3788
drug addiction treatment program, the board shall determine which	3789
program is suitable to meet the needs of the offender or juvenile	3790
traffic offender, and when a suitable program is located and space	3791
is available at the program, the offender or juvenile traffic	3792
offender shall attend the program designated by the board. A	3793
reasonable amount not to exceed five per cent of the amounts	3794
credited to and deposited into the county indigent drivers alcohol	3795
treatment fund, the county juvenile indigent drivers alcohol	3796
treatment fund, or the municipal indigent drivers alcohol	3797
treatment fund serving every court whose program is administered	3798
by that board shall be paid to the board to cover the costs it	3799
incurs in administering those indigent drivers alcohol treatment	3800
programs.	3801

In addition, upon exhaustion of moneys in the indigent	3802
drivers interlock and alcohol monitoring fund for the use of an	3803
alcohol monitoring device, a county, juvenile, or municipal court	3804
judge may use moneys in the county indigent drivers alcohol	3805
treatment fund, county juvenile indigent drivers alcohol	3806
treatment fund, or municipal indigent drivers alcohol treatment	3807
fund in the following manners:	3808

(a) If the source of the moneys was an appropriation of the	3809
general assembly, a portion of a fee that was paid under division	3810
(F) of this section, a portion of a fine that was specified for	3811
deposit into the fund by section 4511.193 of the Revised Code, or	3812
a portion of a fine that was paid for a violation of section	3813
4511.19 of the Revised Code or of a provision contained in Chapter	3814
4510. of the Revised Code that was required to be deposited into	3815
the fund, to pay for the continued use of an alcohol monitoring	3816
device by an offender or juvenile traffic offender, in	3817
conjunction with a treatment program approved by the department	3818
of alcohol and drug addiction services, when such use is	3819
determined clinically necessary by the treatment program and	3820
when the court determines that the offender or juvenile traffic	3821
offender is unable to pay all or part of the daily monitoring or	3822
cost of the device;	3823

(b) If the source of the moneys was a portion of an	3824
additional court cost imposed under section 2949.094 of the	3825
Revised Code, to pay for the continued use of an alcohol	3826
monitoring device by an offender or juvenile traffic offender	3827
when the court determines that the offender or juvenile traffic	3828
offender is unable to pay all or part of the daily monitoring or	3829
cost of the device. The moneys may be used for a device as	3830
described in this division if the use of the device is in	3831
conjunction with a treatment program approved by the department	3832
of alcohol and drug addiction services, when the use of the device	3833
is determined clinically necessary by the treatment program, but	3834
the use of a device is not required to be in conjunction with a	3835
treatment program approved by the department in order for the	3836
moneys to be used for the device as described in this division.	3837

(4) If a county, juvenile, or municipal court determines, in	3838
consultation with the alcohol and drug addiction services board or	3839
the board of alcohol, drug addiction, and mental health services	3840
established pursuant to section 340.02 or 340.021 of the Revised	3841
Code and serving the alcohol, drug addiction, and mental health	3842
district in which the court is located, that the funds in the	3843
county indigent drivers alcohol treatment fund, the county	3844
juvenile indigent drivers alcohol treatment fund, or the municipal	3845
indigent drivers alcohol treatment fund under the control of the	3846
court are more than sufficient to satisfy the purpose for which	3847
the fund was established, as specified in divisions (H)(1) to (3)	3848
of this section, the court may declare a surplus in the fund. If	3849
the court declares a surplus in the fund, the court may expend the	3850
amount of the surplus in the fund for:	3851

(a) Alcohol and drug abuse assessment and treatment of	3852
persons who are charged in the court with committing a criminal	3853
offense or with being a delinquent child or juvenile traffic	3854
offender and in relation to whom both of the following apply:	3855

(i) The court determines that substance abuse was a	3856
contributing factor leading to the criminal or delinquent activity	3857
or the juvenile traffic offense with which the person is charged.	3858

(ii) The court determines that the person is unable to pay	3859
the cost of the alcohol and drug abuse assessment and treatment	3860
for which the surplus money will be used.	3861

(b) All or part of the cost of purchasing alcohol monitoring	3862
devices to be used in conjunction with division (H)(3) of this	3863
section, upon exhaustion of moneys in the indigent drivers	3864
interlock and alcohol monitoring fund for the use of an alcohol	3865
monitoring device.	3866

(5) For the purpose of determining as described in division	3867
(F)(2)(c) of this section whether an offender does not have the	3868
means to pay for the offender's attendance at an alcohol and drug	3869
addiction treatment program or whether an alleged offender or	3870
delinquent child is unable to pay the costs specified in division	3871
(H)(4) of this section, the court shall use the indigent client	3872
eligibility guidelines and the standards of indigency established	3873
by the state public defender to make the determination.	3874

(6) The court shall identify and refer any alcohol and drug	3875
addiction program that is not certified under section 3793.06 of	3876
the Revised Code and that is interested in receiving amounts from	3877
the surplus in the fund declared under division (H)(4) of this	3878
section to the department of alcohol and drug addiction services	3879
in order for the program to become a certified alcohol and drug	3880
treatmentaddiction program. The department shall keep a record of	3881
applicant referrals received pursuant to this division and shall	3882
submit a report on the referrals each year to the general	3883
assembly. If a program interested in becoming certified makes an	3884
application to become certified pursuant to section 3793.06 of	3885
the Revised Code, the program is eligible to receive surplus	3886
funds as long as the application is pending with the department.	3887
The department of alcohol and drug addiction services must offer	3888
technical assistance to the applicant. If the interested program	3889
withdraws the certification application, the department must	3890
notify the court, and the court shall not provide the interested	3891
program with any further surplus funds.	3892

(I)(1) Each county shall establish an indigent drivers	3893
interlock and alcohol monitoring fund and a juvenile indigent	3894
drivers interlock and alcohol treatment fund, and each municipal	3895
corporation in which there is a municipal court shall establish an	3896
indigent drivers interlock and alcohol monitoring fund. All	3897
revenue that the general assembly appropriates to the indigent	3898
drivers interlock and alcohol monitoring fund for transfer to a	3899
county indigent drivers interlock and alcohol monitoring fund, a	3900
county juvenile indigent drivers interlock and alcohol monitoring	3901
fund, or a municipal indigent drivers interlock and alcohol	3902
monitoring fund, all portions of license reinstatement fees that	3903
are paid under division (F)(2) of this section and that are	3904
credited under that division to the indigent drivers interlock and	3905
alcohol monitoring fund in the state treasury, and all portions of	3906
fines that are paid under division (G) of section 4511.19 of the	3907
Revised Code and that are credited by division (G)(5)(e) of that	3908
section to the indigent drivers interlock and alcohol monitoring	3909
fund in the state treasury shall be deposited in the appropriate	3910
fund in accordance with division (I)(2) of this section.	3911

(2) That portion of the license reinstatement fee that is	3912
paid under division (F) of this section and that portion of the	3913
fine paid under division (G) of section 4511.19 of the Revised	3914
Code and that is credited under either division to the indigent	3915
drivers interlock and alcohol monitoring fund shall be deposited	3916
into a county indigent drivers interlock and alcohol monitoring	3917
fund, a county juvenile indigent drivers interlock and alcohol	3918
monitoring fund, or a municipal indigent drivers interlock and	3919
alcohol monitoring fund as follows:	3920

(a) If the fee or fine is paid by a person who was charged in	3921
a county court with the violation that resulted in the suspension	3922
or fine, the portion shall be deposited into the county indigent	3923
drivers interlock and alcohol monitoring fund under the control of	3924
that court.	3925

(b) If the fee or fine is paid by a person who was charged in	3926
a juvenile court with the violation that resulted in the	3927
suspension or fine, the portion shall be deposited into the county	3928
juvenile indigent drivers interlock and alcohol monitoring fund	3929
established in the county served by the court.	3930

(c) If the fee or fine is paid by a person who was charged in	3931
a municipal court with the violation that resulted in the	3932
suspension, the portion shall be deposited into the municipal	3933
indigent drivers interlock and alcohol monitoring fund under the	3934
control of that court.	3935

Sec. 4511.192.  (A) TheExcept as provided in division (A)(5)	3936
of section 4511.191 of the Revised Code, the arresting law	3937
enforcement officer shall give advice in accordance with this	3938
section to any person under arrest for a violation of division (A)	3939
or (B) of section 4511.19 of the Revised Code, section 4511.194 of	3940
the Revised Code or a substantially equivalent municipal	3941
ordinance, or a municipal OVI ordinance. The officer shall give	3942
that advice in a written form that contains the information	3943
described in division (B) of this section and shall read the	3944
advice to the person. The form shall contain a statement that the	3945
form was shown to the person under arrest and read to the person	3946
by the arresting officer. One or more persons shall witness the	3947
arresting officer's reading of the form, and the witnesses shall	3948
certify to this fact by signing the form. The person must submit	3949
to the chemical test or tests, subsequent to the request of the	3950
arresting officer, within two hours of the time of the alleged	3951
violation and, if the person does not submit to the test or tests	3952
within that two-hour time limit, the failure to submit	3953
automatically constitutes a refusal to submit to the test or	3954
tests.	3955

(B) IfExcept as provided in division (A)(5) of section	3956
4511.191 of the Revised Code, if a person is under arrest as	3957
described in division (A) of this section, before the person may	3958
be requested to submit to a chemical test or tests to determine	3959
the alcohol, drug of abuse, controlled substance, metabolite of a	3960
controlled substance, or combination content of the person's	3961
whole blood, blood serum or plasma, breath, or urine, the	3962
arresting officer shall read the following form to the person:	3963

"You now are under arrest for (specifically state the offense	3964
under state law or a substantially equivalent municipal ordinance	3965
for which the person was arrested - operating a vehicle under the	3966
influence of alcohol, a drug, or a combination of them; operating	3967
a vehicle while under the influence of a listed controlled	3968
substance or a listed metabolite of a controlled substance;	3969
operating a vehicle after underage alcohol consumption; or having	3970
physical control of a vehicle while under the influence).	3971

If you refuse to take any chemical test required by law, your	3972
Ohio driving privileges will be suspended immediately, and you	3973
will have to pay a fee to have the privileges reinstated. If you	3974
have a prior conviction of OVI, OVUAC, or operating a vehicle	3975
while under the influence of a listed controlled substance or a	3976
listed metabolite of a controlled substance under state or	3977
municipal law within the preceding twenty years, you now are under	3978
arrest for state OVI, and, if you refuse to take a chemical test,	3979
you will face increased penalties if you subsequently are	3980
convicted of the state OVI.	3981

(Read this part unless the person is under arrest for solely	3982
having physical control of a vehicle while under the influence.)	3983
If you take any chemical test required by law and are found to be	3984
at or over the prohibited amount of alcohol, a controlled	3985
substance, or a metabolite of a controlled substance in your whole	3986
blood, blood serum or plasma, breath, or urine as set by law, your	3987
Ohio driving privileges will be suspended immediately, and you	3988
will have to pay a fee to have the privileges reinstated.	3989

If you take a chemical test, you may have an independent	3990
chemical test taken at your own expense."	3991

(C) If the arresting law enforcement officer does not ask a	3992
person under arrest as described in division (A) of this section	3993
or division (A)(5) of section 4511.191 of the Revised Code to	3994
submit to a chemical test or tests under section 4511.191 of the	3995
Revised Code, the arresting officer shall seize the Ohio or	3996
out-of-state driver's or commercial driver's license or permit of	3997
the person and immediately forward it to the court in which the	3998
arrested person is to appear on the charge. If the arrested person	3999
is not in possession of the person's license or permit or it is	4000
not in the person's vehicle, the officer shall order the person to	4001
surrender it to the law enforcement agency that employs the	4002
officer within twenty-four hours after the arrest, and, upon the	4003
surrender, the agency immediately shall forward the license or	4004
permit to the court in which the person is to appear on the	4005
charge. Upon receipt of the license or permit, the court shall	4006
retain it pending the arrested person's initial appearance and any	4007
action taken under section 4511.196 of the Revised Code.	4008

(D)(1) If a law enforcement officer asks a person under	4009
arrest as described in division (A)(5) of section 4511.191 of the	4010
Revised Code to submit to a chemical test or tests under that	4011
section and the test results indicate a prohibited concentration	4012
of alcohol, a controlled substance, or a metabolite of a	4013
controlled substance in the person's whole blood, blood serum or	4014
plasma, breath, or urine at the time of the alleged offense, or if	4015
a law enforcement officer asks a person under arrest as described	4016
in division (A) of this section to submit to a chemical test or	4017
tests under section 4511.191 of the Revised Code, the officer	4018
advises the person in accordance with this section of the	4019
consequences of the person's refusal or submission, and either	4020
the person refuses to submit to the test or tests or, unless the	4021
arrest was for a violation of section 4511.194 of the Revised Code	4022
or a substantially equivalent municipal ordinance, the person	4023
submits to the test or tests and the test results indicate a	4024
prohibited concentration of alcohol, a controlled substance, or a	4025
metabolite of a controlled substance in the person's whole blood,	4026
blood serum or plasma, breath, or urine at the time of the alleged	4027
offense, the arresting officer shall do all of the following:	4028

(a) On behalf of the registrar of motor vehicles, notify the	4029
person that, independent of any penalties or sanctions imposed	4030
upon the person, the person's Ohio driver's or commercial driver's	4031
license or permit or nonresident operating privilege is suspended	4032
immediately, that the suspension will last at least until the	4033
person's initial appearance on the charge, which will be held	4034
within five days after the date of the person's arrest or the	4035
issuance of a citation to the person, and that the person may	4036
appeal the suspension at the initial appearance or during the	4037
period of time ending thirty days after that initial appearance;	4038

(b) Seize the driver's or commercial driver's license or	4039
permit of the person and immediately forward it to the registrar.	4040
If the arrested person is not in possession of the person's	4041
license or permit or it is not in the person's vehicle, the	4042
officer shall order the person to surrender it to the law	4043
enforcement agency that employs the officer within twenty-four	4044
hours after the person is given notice of the suspension, and,	4045
upon the surrender, the officer's employing agency immediately	4046
shall forward the license or permit to the registrar.	4047

(c) Verify the person's current residence and, if it differs	4048
from that on the person's driver's or commercial driver's license	4049
or permit, notify the registrar of the change;	4050

(d) Send to the registrar, within forty-eight hours after the	4051
arrest of the person, a sworn report that includes all of the	4052
following statements:	4053

(i) That the officer had reasonable grounds to believe that,	4054
at the time of the arrest, the arrested person was operating a	4055
vehicle, streetcar, or trackless trolley in violation of division	4056
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4057
OVI ordinance or for being in physical control of a stationary	4058
vehicle, streetcar, or trackless trolley in violation of section	4059
4511.194 of the Revised Code or a substantially equivalent	4060
municipal ordinance;	4061

(ii) That the person was arrested and charged with a	4062
violation of division (A) or (B) of section 4511.19 of the Revised	4063
Code, section 4511.194 of the Revised Code or a substantially	4064
equivalent municipal ordinance, or a municipal OVI ordinance;	4065

(iii) Unless division (D)(1)(d)(v) of this section applies,	4066
that the officer asked the person to take the designated chemical	4067
test or tests, advised the person in accordance with this section	4068
of the consequences of submitting to, or refusing to take, the	4069
test or tests, and gave the person the form described in division	4070
(B) of this section;	4071

(iv) Unless division (D)(1)(d)(v) of this section applies,	4072
that either the person refused to submit to the chemical test or	4073
tests or, unless the arrest was for a violation of section	4074
4511.194 of the Revised Code or a substantially equivalent	4075
municipal ordinance, the person submitted to the chemical test or	4076
tests and the test results indicate a prohibited concentration of	4077
alcohol, a controlled substance, or a metabolite of a controlled	4078
substance in the person's whole blood, blood serum or plasma,	4079
breath, or urine at the time of the alleged offense;	4080

(v) If the person was under arrest as described in division	4081
(A)(5) of section 4511.191 of the Revised Code and the chemical	4082
test or tests were performed in accordance with that division,	4083
that the person was under arrest as described in that division,	4084
that the chemical test or tests were performed in accordance with	4085
that division, and that test results indicated a prohibited	4086
concentration of alcohol, a controlled substance, or a metabolite	4087
of a controlled substance in the person's whole blood, blood serum	4088
or plasma, breath, or urine at the time of the alleged offense.	4089

(2) Division (D)(1) of this section does not apply to a	4090
person who is arrested for a violation of section 4511.194 of the	4091
Revised Code or a substantially equivalent municipal ordinance,	4092
who is asked by a law enforcement officer to submit to a chemical	4093
test or tests under section 4511.191 of the Revised Code, and who	4094
submits to the test or tests, regardless of the amount of alcohol,	4095
a controlled substance, or a metabolite of a controlled substance	4096
that the test results indicate is present in the person's whole	4097
blood, blood serum or plasma, breath, or urine.	4098

(E) The arresting officer shall give the officer's sworn	4099
report that is completed under this section to the arrested person	4100
at the time of the arrest, or the registrar of motor vehicles	4101
shall send the report to the person by regular first class mail as	4102
soon as possible after receipt of the report, but not later than	4103
fourteen days after receipt of it. An arresting officer may give	4104
an unsworn report to the arrested person at the time of the arrest	4105
provided the report is complete when given to the arrested person	4106
and subsequently is sworn to by the arresting officer. As soon as	4107
possible, but not later than forty-eight hours after the arrest of	4108
the person, the arresting officer shall send a copy of the sworn	4109
report to the court in which the arrested person is to appear on	4110
the charge for which the person was arrested.	4111

(F) The sworn report of an arresting officer completed under	4112
this section is prima-facie proof of the information and	4113
statements that it contains. It shall be admitted and considered	4114
as prima-facie proof of the information and statements that it	4115
contains in any appeal under section 4511.197 of the Revised Code	4116
relative to any suspension of a person's driver's or commercial	4117
driver's license or permit or nonresident operating privilege that	4118
results from the arrest covered by the report.	4119

Sec. 4511.197.  (A) If a person is arrested for operating a	4120
vehicle, streetcar, or trackless trolley in violation of division	4121
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4122
OVI ordinance or for being in physical control of a vehicle,	4123
streetcar, or trackless trolley in violation of section 4511.194	4124
of the Revised Code or a substantially equivalent municipal	4125
ordinance and if the person's driver's or commercial driver's	4126
license or permit or nonresident operating privilege is suspended	4127
under sectionsections 4511.191 and 4511.192 of the Revised Code,	4128
the person may appeal the suspension at the person's initial	4129
appearance on the charge resulting from the arrest or within the	4130
period ending thirty days after the person's initial appearance	4131
on that charge, in the court in which the person will appear on	4132
that charge. If the person appeals the suspension, the appeal	4133
itself does not stay the operation of the suspension. If the	4134
person appeals the suspension, either the person or the registrar	4135
of motor vehicles may request a continuance of the appeal, and the	4136
court may grant the continuance. The court also may continue the	4137
appeal on its own motion. Neither the request for, nor the	4138
granting of, a continuance stays the suspension that is the	4139
subject of the appeal, unless the court specifically grants a	4140
stay.	4141

(B) A person shall file an appeal under division (A) of this	4142
section in the municipal court, county court, juvenile court,	4143
mayor's court, or court of common pleas that has jurisdiction over	4144
the charge in relation to which the person was arrested.	4145

(C) If a person appeals a suspension under division (A) of	4146
this section, the scope of the appeal is limited to determining	4147
whether one or more of the following conditions have not been met:	4148

(1) Whether the arresting law enforcement officer had	4149
reasonable ground to believe the arrested person was operating a	4150
vehicle, streetcar, or trackless trolley in violation of division	4151
(A) or (B) of section 4511.19 of the Revised Code or a municipal	4152
OVI ordinance or was in physical control of a vehicle, streetcar,	4153
or trackless trolley in violation of section 4511.194 of the	4154
Revised Code or a substantially equivalent municipal ordinance and	4155
whether the arrested person was in fact placed under arrest;	4156

(2) Whether the law enforcement officer requested the	4157
arrested person to submit to the chemical test or tests designated	4158
pursuant to division (A) of section 4511.191 of the Revised Code;	4159

(3) WhetherIf the person was under arrest as described in	4160
division (A)(5) of section 4511.191 of the Revised Code, whether	4161
the arresting officer advised the person at the time of the arrest	4162
that if the person refused to take a chemical test, the officer	4163
could employ whatever reasonable means were necessary to ensure	4164
that the person submitted to a chemical test of the person's whole	4165
blood or blood serum or plasma; or if the person was under arrest	4166
other than as described in division (A)(5) of section 4511.191 of	4167
the Revised Code, whether the arresting officer informed the	4168
arrested person of the consequences of refusing to be tested or of	4169
submitting to the test or tests;	4170

(4) Whichever of the following is applicable:

4171

(a) WhetherIf the suspension was imposed under division (B)	4172
of section 4511.191 and section 4511.192 of the Revised Code,	4173
whether the arrested person refused to submit to the chemical test	4174
or tests requested by the officer;	4175

(b) WhetherIf the suspension was imposed under division (C)	4176
of section 4511.191 and section 4511.192 of the Revised Code,	4177
whether the arrest was for a violation of division (A) or (B) of	4178
section 4511.19 of the Revised Code or a municipal OVI ordinance	4179
and, if it was, whether the chemical test results indicate that at	4180
the time of the alleged offense the arrested person's whole blood	4181
contained a concentration of eight-hundredths of one per cent or	4182
more by weight of alcohol, the person's blood serum or plasma	4183
contained a concentration of ninety-six-thousandths of one per	4184
cent or more by weight of alcohol, the person's breath contained a	4185
concentration of eight-hundredths of one gram or more by weight	4186
of alcohol per two hundred ten liters of the person's breath, or	4187
the person's urine contained aat least the concentration of	4188
eleven-hundredths of one gram or more by weight of alcohol per	4189
one hundred milliliters of the person's urine at the time of the	4190
alleged offensespecified in division (A)(1)(b), (c), (d), or (e)	4191
of section 4511.19 of the Revised Code or at least the	4192
concentration of a listed controlled substance or a listed	4193
metabolite of a controlled substance specified in division	4194
(A)(1)(j) of section 4511.19 of the Revised Code.	4195

(D) A person who appeals a suspension under division (A) of	4196
this section has the burden of proving, by a preponderance of the	4197
evidence, that one or more of the conditions specified in division	4198
(C) of this section has not been met. If, during the appeal, the	4199
judge or magistrate of the court or the mayor of the mayor's court	4200
determines that all of those conditions have been met, the judge,	4201
magistrate, or mayor shall uphold the suspension, continue the	4202
suspension, and notify the registrar of motor vehicles of the	4203
decision on a form approved by the registrar.	4204

Except as otherwise provided in this section, if a suspension	4205
imposed under section 4511.191 of the Revised Code is upheld on	4206
appeal or if the subject person does not appeal the suspension	4207
under division (A) of this section, the suspension shall continue	4208
until the complaint alleging the violation for which the person	4209
was arrested and in relation to which the suspension was imposed	4210
is adjudicated on the merits or terminated pursuant to law. If the	4211
suspension was imposed under division (B)(1) of section 4511.191	4212
of the Revised Code and it is continued under this section, any	4213
subsequent finding that the person is not guilty of the charge	4214
that resulted in the person being requested to take the chemical	4215
test or tests under division (A) of section 4511.191 of the	4216
Revised Code does not terminate or otherwise affect the	4217
suspension. If the suspension was imposed under division (C) of	4218
section 4511.191 of the Revised Code in relation to an alleged	4219
misdemeanor violation of division (A) or (B) of section 4511.19 of	4220
the Revised Code or of a municipal OVI ordinance and it is	4221
continued under this section, the suspension shall terminate if,	4222
for any reason, the person subsequently is found not guilty of the	4223
charge that resulted in the person taking the chemical test or	4224
tests.	4225

If, during the appeal, the judge or magistrate of the trial	4226
court or the mayor of the mayor's court determines that one or	4227
more of the conditions specified in division (C) of this section	4228
have not been met, the judge, magistrate, or mayor shall terminate	4229
the suspension, subject to the imposition of a new suspension	4230
under division (B) of section 4511.196 of the Revised Code; shall	4231
notify the registrar of motor vehicles of the decision on a form	4232
approved by the registrar; and, except as provided in division (B)	4233
of section 4511.196 of the Revised Code, shall order the registrar	4234
to return the driver's or commercial driver's license or permit to	4235
the person or to take any other measures that may be necessary, if	4236
the license or permit was destroyed under section 4510.53 of the	4237
Revised Code, to permit the person to obtain a replacement	4238
driver's or commercial driver's license or permit from the	4239
registrar or a deputy registrar in accordance with that section.	4240
The court also shall issue to the person a court order, valid for	4241
not more than ten days from the date of issuance, granting the	4242
person operating privileges for that period.	4243

(E) Any person whose driver's or commercial driver's license	4244
or permit or nonresident operating privilege has been suspended	4245
pursuant to section 4511.191 of the Revised Code may file a	4246
petition requesting limited driving privileges in the common pleas	4247
court, municipal court, county court, mayor's court, or juvenile	4248
court with jurisdiction over the related criminal or delinquency	4249
case. The petition may be filed at any time subsequent to the	4250
date on which the arresting law enforcement officer serves the	4251
notice of suspension upon the arrested person but no later than	4252
thirty days after the arrested person's initial appearance or	4253
arraignment. Upon the making of the request, limited driving	4254
privileges may be granted under sections 4510.021 and 4510.13 of	4255
the Revised Code, regardless of whether the person appeals the	4256
suspension under this section or appeals the decision of the court	4257
on the appeal, and, if the person has so appealed the suspension	4258
or decision, regardless of whether the matter has been heard or	4259
decided by the court. The person shall pay the costs of the	4260
proceeding, notify the registrar of the filing of the petition,	4261
and send the registrar a copy of the petition.	4262

The court may not grant the person limited driving privileges	4263
when prohibited by section 4510.13 or 4511.191 of the Revised	4264
Code.	4265

(F) Any person whose driver's or commercial driver's license	4266
or permit has been suspended under section 4511.19 of the Revised	4267
Code or under section 4510.07 of the Revised Code for a conviction	4268
of a municipal OVI offense and who desires to retain the license	4269
or permit during the pendency of an appeal, at the time sentence	4270
is pronounced, shall notify the court of record or mayor's court	4271
that suspended the license or permit of the person's intention to	4272
appeal. If the person so notifies the court, the court, mayor, or	4273
clerk of the court shall retain the license or permit until the	4274
appeal is perfected, and, if execution of sentence is stayed, the	4275
license or permit shall be returned to the person to be held by	4276
the person during the pendency of the appeal. If the appeal is not	4277
perfected or is dismissed or terminated in an affirmance of the	4278
conviction, then the license or permit shall be taken up by the	4279
court, mayor, or clerk, at the time of putting the sentence into	4280
execution, and the court shall proceed in the same manner as if no	4281
appeal was taken.	4282

(G) Except as otherwise provided in this division, if a	4283
person whose driver's or commercial driver's license or permit or	4284
nonresident operating privilege was suspended under section	4285
4511.191 of the Revised Code appeals the suspension under division	4286
(A) of this section, the prosecuting attorney of the county in	4287
which the arrest occurred shall represent the registrar of motor	4288
vehicles in the appeal. If the arrest occurred within a municipal	4289
corporation within the jurisdiction of the court in which the	4290
appeal is conducted, the city director of law, village solicitor,	4291
or other chief legal officer of that municipal corporation shall	4292
represent the registrar. If the appeal is conducted in a municipal	4293
court, the registrar shall be represented as provided in section	4294
1901.34 of the Revised Code. If the appeal is conducted in a	4295
mayor's court, the city director of law, village solicitor, or	4296
other chief legal officer of the municipal corporation that	4297
operates that mayor's court shall represent the registrar.	4298

(H) The court shall give information in writing of any action	4299
taken under this section to the registrar of motor vehicles.	4300

(I) When it finally has been determined under the procedures	4301
of this section that a nonresident's privilege to operate a	4302
vehicle within this state has been suspended, the registrar of	4303
motor vehicles shall give information in writing of the action	4304
taken to the motor vehicle administrator of the state of the	4305
nonresident's residence and of any state in which the nonresident	4306
has a license.	4307

Sec. 4729.041.  The executive director of the state board of	4308
pharmacy, as soon as possible after the necessary and appropriate	4309
scientific evidence is available and with the board's approval,	4310
shall adopt rules that do the following:	4311

(A) Specify the amount of salvia divinorum and the amount of	4312
salvinorin A that constitute concentrations of salvia divinorum	4313
and salvinorin A in a person's urine, in a person's whole blood,	4314
or in a person's blood serum or plasma at or above which the	4315
person is impaired for purposes of operating or being in physical	4316
control of any vessel underway or manipulating any water skis,	4317
aquaplane, or similar device on the waters of this state;	4318

(B) Specify the amount of salvia divinorum and the amount of	4319
salvinorin A that constitute concentrations of salvia divinorum	4320
and salvinorin A in a person's urine, in a person's whole blood,	4321
or in a person's blood serum or plasma at or above which the	4322
person is impaired for purposes of operating any vehicle,	4323
streetcar, or trackless trolley within this state.	4324

Sec. 5111.0119.  (A)(1) As used in this section, subject to	4325
division (A)(2) of this section, "state or local correctional	4326
facility" means any of the following:	4327

(a) A "state correctional institution," as defined in section	4328
2967.01 of the Revised Code;	4329

(b) A "local correctional facility," as defined in section	4330
2903.13 of the Revised Code;	4331

(c) A correctional facility that is privately operated and	4332
managed pursuant to section 9.06 of the Revised Code.	4333

(2) "State or local correctional facility" does not include	4334
any facility operated directly by or at the direction of the	4335
department of youth services.	4336

(B) If a person who is confined in a state or local	4337
correctional facility was a medicaid recipient immediately prior	4338
to being confined in the facility, all of the following apply:	4339

(1) The person's eligibility for medicaid while so confined	4340
shall be suspended due to the confinement.	4341

(2) Except as provided in division (C) of this section, no	4342
medicaid payment shall be made for any care, services, or supplies	4343
provided to the person during the suspension described in division	4344
(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 in instances in which the person has been	4349
disenrolled from medicaid after the person's release from	4350
confinement, the person shall not be required to reapply for	4351
medicaid when the suspension described in division (B)(1) of this	4352
section ends. Nothing in this section shall limit the authority of	4353
the department of job and family services or the county	4354
departments of job and family services from redetermining the	4355
eligibility of a person described in this section upon the	4356
person's release from confinement.	4357

(C) The department shall take the steps necessary to begin	4358
implementation of this section commencing on September 1, 2009.	4359

Section 2. That existing sections 341.12, 341.13, 341.14,	4360
341.15, 1547.11, 1547.111, 2725.27, 2903.06, 2949.094, 3719.41,	4361
4503.235, 4506.03, 4510.13, 4511.19, 4511.191, 4511.192, and	4362
4511.197 and section 2725.25 of the Revised Code are hereby	4363
repealed.	4364

Section 3.  Section 4511.191 of the Revised Code is	4365
presented in this act as a composite of the section as amended by	4366
both Am. Sub. H.B. 562 and Am. Sub. S.B. 17 of the 127th General	4367
Assembly. The General Assembly, applying the principle stated in	4368
division (B) of section 1.52 of the Revised Code that amendments	4369
are to be harmonized if reasonably capable of simultaneous	4370
operation, finds that the composite is the resulting version of	4371
the section in effect prior to the effective date of the section	4372
as presented in this act.	4373