As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 376

Representatives Uecker, Distel 

Cosponsors: Representatives Evans, Batchelder, Collier, Setzer, Chandler, Wagner, Bubp, Stebelton, Foley, Okey, Williams, S., Stewart, J., Fessler, Zehringer, McGregor, R., Carmichael, Peterson, Brown, Otterman, Boyd, Latta, Adams, Hite, Daniels, Fende, Combs, Schindel, Bolon, Goodwin 

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A BILL

To amend sections 2949.091, 2949.111, 4503.13,

1

4507.45, 4509.101, 4510.22, 4511.19, and 4511.191

2

and to enact section 120.08 of the Revised Code to

3

create the indigent defense support fund.

4

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

Section 1. That sections 2949.091, 2949.111, 4503.13,	5
4507.45, 4509.101, 4510.22, 4511.19, and 4511.191 be amended and	6
section 120.08 of the Revised Code be enacted to read as follows:	7

Sec. 120.08.  There is hereby created in the state treasury	8
the indigent defense support fund, consisting of money paid into	9
the fund pursuant to sections 2949.091, 4503.13, 4507.45,	10
4509.101, 4510.22, 4511.19, and 4511.191 of the Revised Code. The	11
state public defender shall use two per cent of the money in the	12
fund for the purpose of appointing assistant state public	13
defenders and for providing other personnel, equipment, and	14
facilities necessary for the operation of the state public	15
defender office. The state public defender shall use ninety-eight	16
per cent of the money in the fund for the purpose of reimbursing	17
county governments for expenses incurred pursuant to sections	18
120.18, 120.28, and 120.33 of the Revised Code. The state public	19
defender shall make disbursements from the fund to county	20
governments in each state fiscal year and shall allocate the	21
disbursements proportionately so that each county receives an	22
equal percentage of its total cost for operating its county	23
public defender system, its joint county public defender system,	24
and its county appointed counsel system.	25

Sec. 2949.091.  (A)(1)(a) The court, in which any person is	26
convicted of or pleads guilty to any offense other than a traffic	27
offense that is not a moving violation, shall impose one of the	28
sum of fifteen dollarsfollowing sums as costs in the case in	29
addition to any other court costs that the court is required by	30
law to impose upon the offender:	31

(i) Thirty dollars if the offense is a felony;

32

(ii) Twenty dollars if the offense is a misdemeanor other	33
than a traffic offense that is not a moving violation;	34

(iii) Ten dollars if the offense is a traffic offense that	35
is not a moving violation, excluding parking violations. All such	36

(b) All moneys collected pursuant to division (A)(1)(a) of	37
this section during a month shall be transmitted on or before the	38
twentieth day of the following month by the clerk of the court to	39
the treasurer of state and deposited by the treasurer of state	40
intoto the credit of the general revenueindigent defense support	41
fund established under section 120.08 of the Revised Code. The	42
court shall not waive the payment of the additional fifteen	43
dollarsthirty-, twenty-, or ten-dollar court costs, unless the	44
court determines that the offender is indigent and waives the	45
payment of all court costs imposed upon the indigent offender.	46

(2)(a) The juvenile court, in which a child is found to be a	47
delinquent child or a juvenile traffic offender for an act which,	48
if committed by an adult, would be an offense other than a traffic	49
offense that is not a moving violation, shall impose one of the	50
sum of fifteen dollarsfollowing sums as costs in the case in	51
addition to any other court costs that the court is required or	52
permitted by law to impose upon the delinquent child or juvenile	53
traffic offender:	54

(i) Thirty dollars if the offense is a felony;

55

(ii) Twenty dollars if the offense is a misdemeanor other	56
than a traffic offense that is not a moving violation;	57

(iii) Ten dollars if the offense is a traffic offense that	58
is not a moving violation, excluding parking violations. All such	59

(b) All moneys collected pursuant to division (A)(2)(a) of	60
this section during a month shall be transmitted on or before the	61
twentieth day of the following month by the clerk of the court to	62
the treasurer of state and deposited by the treasurer of state	63
intoto the credit of the general revenueindigent defense support	64
fund established under section 120.08 of the Revised Code. The	65
fifteen dollarsthirty-, twenty-, or ten-dollar court costs shall	66
be collected in all cases unless the court determines the juvenile	67
is indigent and waives the payment of all court costs, or enters	68
an order on its journal stating that it has determined that the	69
juvenile is indigent, that no other court costs are to be taxed in	70
the case, and that the payment of the fifteen dollarsthirty-,	71
twenty-, or ten-dollar court costs is waived.	72

(B) Whenever a person is charged with any offense other than	73
a traffic offense that is not a moving violation and posts bail,	74
the court shall add to the amount of the bail the fifteenthirty,	75
twenty, or ten dollars required to be paid by division (A)(1) of	76
this section. The fifteenthirty, twenty, or ten dollars shall be	77
retained by the clerk of the court until the person is convicted,	78
pleads guilty, forfeits bail, is found not guilty, or has the	79
charges dismissed. If the person is convicted, pleads guilty, or	80
forfeits bail, the clerk shall transmit the fifteenthirty,	81
twenty, or ten dollars on or before the twentieth day of the	82
month following the month in which the person was convicted,	83
pleaded guilty, or forfeited bail to the treasurer of state, who	84
shall deposit it intoto the credit of the general revenue	85
indigent defense support fund established under section 120.08 of	86
the Revised Code. If the person is found not guilty or the charges	87
are dismissed, the clerk shall return the fifteenthirty, twenty,	88
or ten dollars to the person.	89

(C) No person shall be placed or held in a detention facility	90
for failing to pay the additional fifteen dollarsthirty-,	91
twenty-, or ten-dollar court costs or bail that are required to	92
be paid by this section.	93

(D) As used in this section:

94

(1) "Moving violation" and "bail" have the same meanings as	95
in section 2743.70 of the Revised Code.	96

(2) "Detention facility" has the same meaning as in section	97
2921.01 of the Revised Code.	98

Sec. 2949.111.  (A) As used in this section:

99

(1) "Court costs" means any assessment that the court	100
requires an offender to pay to defray the costs of operating the	101
court.	102

(2) "State fines or costs" means any costs imposed or	103
forfeited bail collected by the court under section 2743.70 of the	104
Revised Code for deposit into the reparations fund or under	105
section 2949.091 of the Revised Code for deposit into the general	106
revenueindigent defense support fund established under section	107
120.08 of the Revised Code and all fines, penalties, and forfeited	108
bail collected by the court and paid to a law library association	109
under sections 3375.50 to 3375.53 of the Revised Code.	110

(3) "Reimbursement" means any reimbursement for the costs of	111
confinement that the court orders an offender to pay pursuant to	112
section 2929.28 of the Revised Code, any supervision fee, any fee	113
for the costs of house arrest with electronic monitoring that an	114
offender agrees to pay, any reimbursement for the costs of an	115
investigation or prosecution that the court orders an offender to	116
pay pursuant to section 2929.71 of the Revised Code, or any other	117
costs that the court orders an offender to pay.	118

(4) "Supervision fees" means any fees that a court, pursuant	119
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	120
requires an offender who is under a community control sanction to	121
pay for supervision services.	122

(5) "Community control sanction" has the same meaning as in	123
section 2929.01 of the Revised Code.	124

(B) Unless the court, in accordance with division (C) of this	125
section, enters in the record of the case a different method of	126
assigning payments, if a person who is charged with a misdemeanor	127
is convicted of or pleads guilty to the offense, if the court	128
orders the offender to pay any combination of court costs, state	129
fines or costs, restitution, a conventional fine, or any	130
reimbursement, and if the offender makes any payment of any of	131
them to a clerk of court, the clerk shall assign the offender's	132
payment in the following manner:	133

(1) If the court ordered the offender to pay any court costs,	134
the offender's payment shall be assigned toward the satisfaction	135
of those court costs until they have been entirely paid.	136

(2) If the court ordered the offender to pay any state fines	137
or costs and if all of the court costs that the court ordered the	138
offender to pay have been paid, the remainder of the offender's	139
payment shall be assigned on a pro rata basis toward the	140
satisfaction of the state fines or costs until they have been	141
entirely paid.	142

(3) If the court ordered the offender to pay any restitution	143
and if all of the court costs and state fines or costs that the	144
court ordered the offender to pay have been paid, the remainder of	145
the offender's payment shall be assigned toward the satisfaction	146
of the restitution until it has been entirely paid.	147

(4) If the court ordered the offender to pay any fine and if	148
all of the court costs, state fines or costs, and restitution that	149
the court ordered the offender to pay have been paid, the	150
remainder of the offender's payment shall be assigned toward the	151
satisfaction of the fine until it has been entirely paid.	152

(5) If the court ordered the offender to pay any	153
reimbursement and if all of the court costs, state fines or costs,	154
restitution, and fines that the court ordered the offender to pay	155
have been paid, the remainder of the offender's payment shall be	156
assigned toward the satisfaction of the reimbursements until they	157
have been entirely paid.	158

(C) If a person who is charged with a misdemeanor is	159
convicted of or pleads guilty to the offense and if the court	160
orders the offender to pay any combination of court costs, state	161
fines or costs, restitution, fines, or reimbursements, the court,	162
at the time it orders the offender to make those payments, may	163
prescribe an order of payments that differs from the order set	164
forth in division (B) of this section by entering in the record of	165
the case the order so prescribed. If a different order is entered	166
in the record, on receipt of any payment, the clerk of the court	167
shall assign the payment in the manner prescribed by the court.	168

Sec. 4503.13.  (A) A municipal court, county court, or	169
mayor's court, at the court's discretion, may order the clerk of	170
the court to send to the registrar of motor vehicles a report	171
containing the name, address, and such other information as the	172
registrar may require by rule, of any person for whom an arrest	173
warrant has been issued by that court and is outstanding.	174

Upon receipt of such a report, the registrar shall enter the	175
information contained in the report into the records of the bureau	176
of motor vehicles. Neither the registrar nor any deputy registrar	177
shall issue a certificate of registration for a motor vehicle	178
owner or lessee, when a lessee is determinable under procedures	179
established by the registrar under division (E) of this section,	180
who is named in the report until the registrar receives	181
notification from the municipal court, county court, or mayor's	182
court that there are no outstanding arrest warrants in the name of	183
the person. The registrar also shall send a notice to the person	184
who is named in the report, via regular first class mail sent to	185
the person's last known address as shown in the records of the	186
bureau, informing the person that neither the registrar nor any	187
deputy registrar is permitted to issue a certificate of	188
registration for a motor vehicle in the name of the person until	189
the registrar receives notification that there are no outstanding	190
arrest warrants in the name of the person.	191

(B) A clerk who reports an outstanding arrest warrant in	192
accordance with division (A) of this section immediately shall	193
notify the registrar when the warrant has been executed and	194
returned to the issuing court or has been canceled.	195

Upon receipt of such notification, the registrar shall charge	196
and collect from the person named in the executed or canceled	197
arrest warrant a processing fee of fifteentwenty-five dollars to	198
cover the costs of the bureau in administering this section. The	199
registrar shall deposit all such processing feesfifteen dollars	200
of the fee into the state bureau of motor vehicles fund created by	201
section 4501.25 of the Revised Code to cover the costs of the	202
bureau in administering this section and shall pay ten dollars of	203
the fee into the state treasury to the credit of the indigent	204
defense support fund established under section 120.08 of the	205
Revised Code.	206

Upon payment of the processing fee, the registrar shall cause	207
the report of that outstanding arrest warrant to be removed from	208
the records of the bureau and, if there are no other outstanding	209
arrest warrants issued by a municipal court, county court, or	210
mayor's court in the name of the person and the person otherwise	211
is eligible to be issued a certificate of registration for a motor	212
vehicle, the registrar or a deputy registrar may issue a	213
certificate of registration for a motor vehicle in the name of the	214
person named in the executed or canceled arrest warrant.	215

(C) Neither the registrar, any employee of the bureau, a	216
deputy registrar, nor any employee of a deputy registrar is	217
personally liable for damages or injuries resulting from any error	218
made by a clerk in entering information contained in a report	219
submitted to the registrar under this section.	220

(D) Any information submitted to the registrar by a clerk	221
under this section shall be transmitted by means of an electronic	222
data transfer system.	223

(E) The registrar shall determine the procedures and	224
information necessary to implement this section in regard to motor	225
vehicle lessees. Division (A) of this section shall not apply to	226
cases involving a motor vehicle lessee until such procedures are	227
established.	228

Sec. 4507.45.  If a person's driver's license, commercial	229
driver's license, or nonresident operating privilege is suspended,	230
disqualified, or canceled for an indefinite period of time or for	231
a period of at least ninety days, and if at the end of the period	232
of suspension, disqualification, or cancellation the person is	233
eligible to have the license or privilege reinstated, the	234
registrar of motor vehicles shall collect a reinstatement fee of	235
thirtyforty dollars when the person requests reinstatement. The	236
registrar shall deposit thirty dollars of the fee into the state	237
bureau of motor vehicles fund created by section 4501.25 of the	238
Revised Code and shall pay ten dollars of the fee into the state	239
treasury to the credit of the indigent defense support fund	240
established under section 120.08 of the Revised Code. However, the	241
registrar shall not collect the fee prescribed by this section if	242
a different driver's license, commercial driver's license, or	243
nonresident operating privilege reinstatement fee is prescribed by	244
law.	245

Sec. 4509.101.  (A)(1) No person shall operate, or permit the	246
operation of, a motor vehicle in this state, unless proof of	247
financial responsibility is maintained continuously throughout the	248
registration period with respect to that vehicle, or, in the case	249
of a driver who is not the owner, with respect to that driver's	250
operation of that vehicle.	251

(2) Whoever violates division (A)(1) of this section shall be	252
subject to the following civil penalties:	253

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	254
class E suspension of the person's driver's license, commercial	255
driver's license, temporary instruction permit, probationary	256
license, or nonresident operating privilege for the period of time	257
specified in division (B)(5) of section 4510.02 of the Revised	258
Code and impoundment of the person's license. The court may grant	259
limited driving privileges to the person only if the person	260
presents proof of financial responsibility and has complied with	261
division (A)(5) of this section.	262

(b) If, within five years of the violation, the person's	263
operating privileges are again suspended and the person's license	264
again is impounded for a violation of division (A)(1) of this	265
section, a class C suspension of the person's driver's license,	266
commercial driver's license, temporary instruction permit,	267
probationary license, or nonresident operating privilege for the	268
period of time specified in division (B)(3) of section 4510.02 of	269
the Revised Code. The court may grant limited driving privileges	270
to the person only if the person presents proof of financial	271
responsibility and has complied with division (A)(5) of this	272
section, and no court may grant limited driving privileges for the	273
first fifteen days of the suspension.	274

(c) If, within five years of the violation, the person's	275
operating privileges are suspended and the person's license is	276
impounded two or more times for a violation of division (A)(1) of	277
this section, a class B suspension of the person's driver's	278
license, commercial driver's license, temporary instruction	279
permit, probationary license, or nonresident operating privilege	280
for the period of time specified in division (B)(2) of section	281
4510.02 of the Revised Code. No court may grant limited driving	282
privileges during the suspension.	283

(d) In addition to the suspension of an owner's license under	284
division (A)(2)(a), (b), or (c) of this section, the suspension of	285
the rights of the owner to register the motor vehicle and the	286
impoundment of the owner's certificate of registration and license	287
plates until the owner complies with division (A)(5) of this	288
section.	289

(3) A person to whom this state has issued a certificate of	290
registration for a motor vehicle or a license to operate a motor	291
vehicle or who is determined to have operated any motor vehicle or	292
permitted the operation in this state of a motor vehicle owned by	293
the person shall be required to verify the existence of proof of	294
financial responsibility covering the operation of the motor	295
vehicle or the person's operation of the motor vehicle under any	296
of the following circumstances:	297

(a) The person or a motor vehicle owned by the person is	298
involved in a traffic accident that requires the filing of an	299
accident report under section 4509.06 of the Revised Code.	300

(b) The person receives a traffic ticket indicating that	301
proof of the maintenance of financial responsibility was not	302
produced upon the request of a peace officer or state highway	303
patrol trooper made in accordance with division (D)(2) of this	304
section.	305

(c) Whenever, in accordance with rules adopted by the	306
registrar, the person is randomly selected by the registrar and	307
requested to provide such verification.	308

(4) An order of the registrar that suspends and impounds a	309
license or registration, or both, shall state the date on or	310
before which the person is required to surrender the person's	311
license or certificate of registration and license plates. The	312
person is deemed to have surrendered the license or certificate of	313
registration and license plates, in compliance with the order, if	314
the person does either of the following:	315

(a) On or before the date specified in the order, personally	316
delivers the license or certificate of registration and license	317
plates, or causes the delivery of the items, to the registrar;	318

(b) Mails the license or certificate of registration and	319
license plates to the registrar in an envelope or container	320
bearing a postmark showing a date no later than the date specified	321
in the order.	322

(5) Except as provided in division (A)(6) or (L) of this	323
section, the registrar shall not restore any operating privileges	324
or registration rights suspended under this section, return any	325
license, certificate of registration, or license plates impounded	326
under this section, or reissue license plates under section	327
4503.232 of the Revised Code, if the registrar destroyed the	328
impounded license plates under that section, or reissue a license	329
under section 4510.52 of the Revised Code, if the registrar	330
destroyed the suspended license under that section, unless the	331
rights are not subject to suspension or revocation under any other	332
law and unless the person, in addition to complying with all other	333
conditions required by law for reinstatement of the operating	334
privileges or registration rights, complies with all of the	335
following:	336

(a) Pays a financial responsibility reinstatement fee of	337
seventy-fiveone hundred dollars for the first violation of	338
division (A)(1) of this section, twothree hundred fifty dollars	339
for a second violation of that division, and fivesix hundred	340
dollars for a third or subsequent violation of that division;	341

(b) If the person has not voluntarily surrendered the	342
license, certificate, or license plates in compliance with the	343
order, pays a financial responsibility nonvoluntary compliance fee	344
in an amount, not to exceed fifty dollars, determined by the	345
registrar;	346

(c) Files and continuously maintains proof of financial	347
responsibility under sections 4509.44 to 4509.65 of the Revised	348
Code.	349

(6) If the registrar issues an order under division (A)(2) of	350
this section resulting from the failure of a person to respond to	351
a financial responsibility random verification request under	352
division (A)(3)(c) of this section and the person successfully	353
maintains an affirmative defense to a violation of section 4510.16	354
of the Revised Code or is determined by the registrar or a deputy	355
registrar to have been in compliance with division (A)(1) of this	356
section at the time of the initial financial responsibility random	357
verification request, the registrar shall do both of the	358
following:	359

(a) Terminate the order of suspension or impoundment;

360

(b) Restore the operating privileges and registration rights	361
of the person without payment of the fees established in divisions	362
(A)(5)(a) and (b) of this section and without a requirement to	363
file proof of financial responsibility.	364

(B)(1) Every party required to file an accident report under	365
section 4509.06 of the Revised Code also shall include with the	366
report a document described in division (G)(1) of this section.	367

If the registrar determines, within forty-five days after the	368
report is filed, that an operator or owner has violated division	369
(A)(1) of this section, the registrar shall do all of the	370
following:	371

(a) Order the impoundment, with respect to the motor vehicle	372
involved, required under division (A)(2)(d) of this section, of	373
the certificate of registration and license plates of any owner	374
who has violated division (A)(1) of this section;	375

(b) Order the suspension required under division (A)(2)(a),	376
(b), or (c) of this section of the license of any operator or	377
owner who has violated division (A)(1) of this section;	378

(c) Record the name and address of the person whose	379
certificate of registration and license plates have been impounded	380
or are under an order of impoundment, or whose license has been	381
suspended or is under an order of suspension; the serial number of	382
the person's license; the serial numbers of the person's	383
certificate of registration and license plates; and the person's	384
social security account number, if assigned, or, where the motor	385
vehicle is used for hire or principally in connection with any	386
established business, the person's federal taxpayer identification	387
number. The information shall be recorded in such a manner that it	388
becomes a part of the person's permanent record, and assists the	389
registrar in monitoring compliance with the orders of suspension	390
or impoundment.	391

(d) Send written notification to every person to whom the	392
order pertains, at the person's last known address as shown on the	393
records of the bureau. The person, within ten days after the date	394
of the mailing of the notification, shall surrender to the	395
registrar, in a manner set forth in division (A)(4) of this	396
section, any certificate of registration and registration plates	397
under an order of impoundment, or any license under an order of	398
suspension.	399

(2) The registrar shall issue any order under division (B)(1)	400
of this section without a hearing. Any person adversely affected	401
by the order, within ten days after the issuance of the order, may	402
request an administrative hearing before the registrar, who shall	403
provide the person with an opportunity for a hearing in accordance	404
with this paragraph. A request for a hearing does not operate as a	405
suspension of the order. The scope of the hearing shall be limited	406
to whether the person in fact demonstrated to the registrar proof	407
of financial responsibility in accordance with this section. The	408
registrar shall determine the date, time, and place of any	409
hearing, provided that the hearing shall be held, and an order	410
issued or findings made, within thirty days after the registrar	411
receives a request for a hearing. If requested by the person in	412
writing, the registrar may designate as the place of hearing the	413
county seat of the county in which the person resides or a place	414
within fifty miles of the person's residence. The person shall pay	415
the cost of the hearing before the registrar, if the registrar's	416
order of suspension or impoundment is upheld.	417

(C) Any order of suspension or impoundment issued under this	418
section or division (B) of section 4509.37 of the Revised Code may	419
be terminated at any time if the registrar determines upon a	420
showing of proof of financial responsibility that the operator or	421
owner of the motor vehicle was in compliance with division (A)(1)	422
of this section at the time of the traffic offense, motor vehicle	423
inspection, or accident that resulted in the order against the	424
person. A determination may be made without a hearing. This	425
division does not apply unless the person shows good cause for the	426
person's failure to present satisfactory proof of financial	427
responsibility to the registrar prior to the issuance of the	428
order.	429

(D)(1) For the purpose of enforcing this section, every peace	430
officer is deemed an agent of the registrar.	431

(a) Except as provided in division (D)(1)(b) of this section,	432
any peace officer who, in the performance of the peace officer's	433
duties as authorized by law, becomes aware of a person whose	434
license is under an order of suspension, or whose certificate of	435
registration and license plates are under an order of impoundment,	436
pursuant to this section, may confiscate the license, certificate	437
of registration, and license plates, and return them to the	438
registrar.	439

(b) Any peace officer who, in the performance of the peace	440
officer's duties as authorized by law, becomes aware of a person	441
whose license is under an order of suspension, or whose	442
certificate of registration and license plates are under an order	443
of impoundment resulting from failure to respond to a financial	444
responsibility random verification, shall not, for that reason,	445
arrest the owner or operator or seize the vehicle or license	446
plates. Instead, the peace officer shall issue a citation for a	447
violation of section 4510.16 of the Revised Code specifying the	448
circumstances as failure to respond to a financial responsibility	449
random verification.	450

(2) A peace officer shall request the owner or operator of a	451
motor vehicle to produce proof of financial responsibility in a	452
manner described in division (G) of this section at the time the	453
peace officer acts to enforce the traffic laws of this state and	454
during motor vehicle inspections conducted pursuant to section	455
4513.02 of the Revised Code.	456

(3) A peace officer shall indicate on every traffic ticket	457
whether the person receiving the traffic ticket produced proof of	458
the maintenance of financial responsibility in response to the	459
officer's request under division (D)(2) of this section. The	460
peace officer shall inform every person who receives a traffic	461
ticket and who has failed to produce proof of the maintenance of	462
financial responsibility that the person must submit proof to the	463
traffic violations bureau with any payment of a fine and costs for	464
the ticketed violation or, if the person is to appear in court for	465
the violation, the person must submit proof to the court.	466

(4)(a) If a person who has failed to produce proof of the	467
maintenance of financial responsibility appears in court for a	468
ticketed violation, the court may permit the defendant to present	469
evidence of proof of financial responsibility to the court at such	470
time and in such manner as the court determines to be necessary or	471
appropriate. In a manner prescribed by the registrar, the clerk of	472
courts shall provide the registrar with the identity of any person	473
who fails to submit proof of the maintenance of financial	474
responsibility pursuant to division (D)(3) of this section.	475

(b) If a person who has failed to produce proof of the	476
maintenance of financial responsibility also fails to submit that	477
proof to the traffic violations bureau with payment of a fine and	478
costs for the ticketed violation, the traffic violations bureau,	479
in a manner prescribed by the registrar, shall notify the	480
registrar of the identity of that person.	481

(5)(a) Upon receiving notice from a clerk of courts or	482
traffic violations bureau pursuant to division (D)(4) of this	483
section, the registrar shall order the suspension of the license	484
of the person required under division (A)(2)(a), (b), or (c) of	485
this section and the impoundment of the person's certificate of	486
registration and license plates required under division (A)(2)(d)	487
of this section, effective thirty days after the date of the	488
mailing of notification. The registrar also shall notify the	489
person that the person must present the registrar with proof of	490
financial responsibility in accordance with this section,	491
surrender to the registrar the person's certificate of	492
registration, license plates, and license, or submit a statement	493
subject to section 2921.13 of the Revised Code that the person did	494
not operate or permit the operation of the motor vehicle at the	495
time of the offense. Notification shall be in writing and shall	496
be sent to the person at the person's last known address as shown	497
on the records of the bureau of motor vehicles. The person, within	498
fifteen days after the date of the mailing of notification, shall	499
present proof of financial responsibility, surrender the	500
certificate of registration, license plates, and license to the	501
registrar in a manner set forth in division (A)(4) of this	502
section, or submit the statement required under this section	503
together with other information the person considers appropriate.	504

If the registrar does not receive proof or the person does	505
not surrender the certificate of registration, license plates, and	506
license, in accordance with this division, the registrar shall	507
permit the order for the suspension of the license of the person	508
and the impoundment of the person's certificate of registration	509
and license plates to take effect.	510

(b) In the case of a person who presents, within the	511
fifteen-day period, documents to show proof of financial	512
responsibility, the registrar shall terminate the order of	513
suspension and the impoundment of the registration and license	514
plates required under division (A)(2)(d) of this section and shall	515
send written notification to the person, at the person's last	516
known address as shown on the records of the bureau.	517

(c) Any person adversely affected by the order of the	518
registrar under division (D)(5)(a) or (b) of this section, within	519
ten days after the issuance of the order, may request an	520
administrative hearing before the registrar, who shall provide the	521
person with an opportunity for a hearing in accordance with this	522
paragraph. A request for a hearing does not operate as a	523
suspension of the order. The scope of the hearing shall be limited	524
to whether, at the time of the hearing, the person presents proof	525
of financial responsibility covering the vehicle and whether the	526
person is eligible for an exemption in accordance with this	527
section or any rule adopted under it. The registrar shall	528
determine the date, time, and place of any hearing; provided, that	529
the hearing shall be held, and an order issued or findings made,	530
within thirty days after the registrar receives a request for a	531
hearing. If requested by the person in writing, the registrar may	532
designate as the place of hearing the county seat of the county in	533
which the person resides or a place within fifty miles of the	534
person's residence. Such person shall pay the cost of the hearing	535
before the registrar, if the registrar's order of suspension or	536
impoundment under division (D)(5)(a) or (b) of this section is	537
upheld.	538

(6) A peace officer may charge an owner or operator of a	539
motor vehicle with a violation of section 4510.16 of the Revised	540
Code when the owner or operator fails to show proof of the	541
maintenance of financial responsibility pursuant to a peace	542
officer's request under division (D)(2) of this section, if a	543
check of the owner or operator's driving record indicates that the	544
owner or operator, at the time of the operation of the motor	545
vehicle, is required to file and maintain proof of financial	546
responsibility under section 4509.45 of the Revised Code for a	547
previous violation of this chapter.	548

(7) Any forms used by law enforcement agencies in	549
administering this section shall be prescribed, supplied, and paid	550
for by the registrar.	551

(8) No peace officer, law enforcement agency employing a	552
peace officer, or political subdivision or governmental agency	553
that employs a peace officer shall be liable in a civil action for	554
damages or loss to persons arising out of the performance of any	555
duty required or authorized by this section.	556

(9) As used in this division and divisions (E) and (G) of	557
this section, "peace officer" has the meaning set forth in section	558
2935.01 of the Revised Code.	559

(E) All fees, except court costs and the amounts of the	560
financial responsibility reinstatement fee paid as specified in	561
division (E)(1) of this section, collected under this section	562
shall be paid into the state treasury to the credit of the	563
financial responsibility compliance fund. The financial	564
responsibility compliance fund shall be used exclusively to cover	565
costs incurred by the bureau in the administration of this section	566
and sections 4503.20, 4507.212, and 4509.81 of the Revised Code,	567
and by any law enforcement agency employing any peace officer who	568
returns any license, certificate of registration, and license	569
plates to the registrar pursuant to division (C) of this section,	570
except that the director of budget and management may transfer	571
excess money from the financial responsibility compliance fund to	572
the state bureau of motor vehicles fund if the registrar	573
determines that the amount of money in the financial	574
responsibility compliance fund exceeds the amount required to	575
cover such costs incurred by the bureau or a law enforcement	576
agency and requests the director to make the transfer.	577

(1) Twenty-five dollars of the financial responsibility	578
reinstatement fee paid under division (A)(5)(a) of this section	579
for a first violation of division (A)(1) of this section, fifty	580
dollars of the financial responsibility reinstatement fee paid	581
under division (A)(5)(a) of this section for a second violation of	582
division (A)(1) of this section, and one hundred dollars of the	583
financial responsibility reinstatement fee paid under division	584
(A)(5)(a) of this section for a third or subsequent violation of	585
division (A)(1) of this section shall be paid into the state	586
treasury to the credit of the indigent defense support fund	587
established under section 120.08 of the Revised Code.	588

(2) All investment earnings of the financial responsibility	589
compliance fund shall be credited to the fund.	590

(F) Chapter 119. of the Revised Code applies to this section	591
only to the extent that any provision in that chapter is not	592
clearly inconsistent with this section.	593

(G)(1) The registrar, court, traffic violations bureau, or	594
peace officer may require proof of financial responsibility to be	595
demonstrated by use of a standard form prescribed by the	596
registrar. If the use of a standard form is not required, a person	597
may demonstrate proof of financial responsibility under this	598
section by presenting to the traffic violations bureau, court,	599
registrar, or peace officer any of the following documents or a	600
copy of the documents:	601

(a) A financial responsibility identification card as	602
provided in section 4509.103 of the Revised Code;	603

(b) A certificate of proof of financial responsibility on a	604
form provided and approved by the registrar for the filing of an	605
accident report required to be filed under section 4509.06 of the	606
Revised Code;	607

(c) A policy of liability insurance, a declaration page of a	608
policy of liability insurance, or liability bond, if the policy or	609
bond complies with section 4509.20 or sections 4509.49 to 4509.61	610
of the Revised Code;	611

(d) A bond or certification of the issuance of a bond as	612
provided in section 4509.59 of the Revised Code;	613

(e) A certificate of deposit of money or securities as	614
provided in section 4509.62 of the Revised Code;	615

(f) A certificate of self-insurance as provided in section	616
4509.72 of the Revised Code.	617

(2) If a person fails to demonstrate proof of financial	618
responsibility in a manner described in division (G)(1) of this	619
section, the person may demonstrate proof of financial	620
responsibility under this section by any other method that the	621
court or the bureau, by reason of circumstances in a particular	622
case, may consider appropriate.	623

(3) A motor carrier certificated by the interstate commerce	624
commission or by the public utilities commission may demonstrate	625
proof of financial responsibility by providing a statement	626
designating the motor carrier's operating authority and averring	627
that the insurance coverage required by the certificating	628
authority is in full force and effect.	629

(4)(a) A finding by the registrar or court that a person is	630
covered by proof of financial responsibility in the form of an	631
insurance policy or surety bond is not binding upon the named	632
insurer or surety or any of its officers, employees, agents, or	633
representatives and has no legal effect except for the purpose of	634
administering this section.	635

(b) The preparation and delivery of a financial	636
responsibility identification card or any other document	637
authorized to be used as proof of financial responsibility under	638
this division does not do any of the following:	639

(i) Create any liability or estoppel against an insurer or	640
surety, or any of its officers, employees, agents, or	641
representatives;	642

(ii) Constitute an admission of the existence of, or of any	643
liability or coverage under, any policy or bond;	644

(iii) Waive any defenses or counterclaims available to an	645
insurer, surety, agent, employee, or representative in an action	646
commenced by an insured or third-party claimant upon a cause of	647
action alleged to have arisen under an insurance policy or surety	648
bond or by reason of the preparation and delivery of a document	649
for use as proof of financial responsibility.	650

(c) Whenever it is determined by a final judgment in a	651
judicial proceeding that an insurer or surety, which has been	652
named on a document accepted by a court or the registrar as proof	653
of financial responsibility covering the operation of a motor	654
vehicle at the time of an accident or offense, is not liable to	655
pay a judgment for injuries or damages resulting from such	656
operation, the registrar, notwithstanding any previous contrary	657
finding, shall forthwith suspend the operating privileges and	658
registration rights of the person against whom the judgment was	659
rendered as provided in division (A)(2) of this section.	660

(H) In order for any document described in division (G)(1)(b)	661
of this section to be used for the demonstration of proof of	662
financial responsibility under this section, the document shall	663
state the name of the insured or obligor, the name of the insurer	664
or surety company, and the effective and expiration dates of the	665
financial responsibility, and designate by explicit description or	666
by appropriate reference all motor vehicles covered which may	667
include a reference to fleet insurance coverage.	668

(I) For purposes of this section, "owner" does not include a	669
licensed motor vehicle leasing dealer as defined in section	670
4517.01 of the Revised Code, but does include a motor vehicle	671
renting dealer as defined in section 4549.65 of the Revised Code.	672
Nothing in this section or in section 4509.51 of the Revised Code	673
shall be construed to prohibit a motor vehicle renting dealer from	674
entering into a contractual agreement with a person whereby the	675
person renting the motor vehicle agrees to be solely responsible	676
for maintaining proof of financial responsibility, in accordance	677
with this section, with respect to the operation, maintenance, or	678
use of the motor vehicle during the period of the motor vehicle's	679
rental.	680

(J) The purpose of this section is to require the maintenance	681
of proof of financial responsibility with respect to the operation	682
of motor vehicles on the highways of this state, so as to minimize	683
those situations in which persons are not compensated for injuries	684
and damages sustained in motor vehicle accidents. The general	685
assembly finds that this section contains reasonable civil	686
penalties and procedures for achieving this purpose.	687

(K) Nothing in this section shall be construed to be subject	688
to section 4509.78 of the Revised Code.	689

(L)(1) The registrar may terminate any suspension imposed	690
under this section and not require the owner to comply with	691
divisions (A)(5)(a), (b), and (c) of this section if the registrar	692
with or without a hearing determines that the owner of the vehicle	693
has established by clear and convincing evidence that all of the	694
following apply:	695

(a) The owner customarily maintains proof of financial	696
responsibility.	697

(b) Proof of financial responsibility was not in effect for	698
the vehicle on the date in question for one of the following	699
reasons:	700

(i) The vehicle was inoperable.

701

(ii) The vehicle is operated only seasonally, and the date in	702
question was outside the season of operation.	703

(iii) A person other than the vehicle owner or driver was at	704
fault for the lapse of proof of financial responsibility through	705
no fault of the owner or driver.	706

(iv) The lapse of proof of financial responsibility was	707
caused by excusable neglect under circumstances that are not	708
likely to recur and do not suggest a purpose to evade the	709
requirements of this chapter.	710

(2) The registrar may grant an owner or driver relief for a	711
reason specified in division (L)(1)(b)(i) or (ii) of this section	712
whenever the owner or driver is randomly selected to verify the	713
existence of proof of financial responsibility for such a vehicle.	714
However, the registrar may grant an owner or driver relief for a	715
reason specified in division (L)(1)(b)(iii) or (iv) of this	716
section only if the owner or driver has not previously been	717
granted relief under division (L)(1)(b)(iii) or (iv) of this	718
section.	719

(M) The registrar shall adopt rules in accordance with	720
Chapter 119. of the Revised Code that are necessary to administer	721
and enforce this section. The rules shall include procedures for	722
the surrender of license plates upon failure to maintain proof of	723
financial responsibility and provisions relating to reinstatement	724
of registration rights, acceptable forms of proof of financial	725
responsibility, and verification of the existence of financial	726
responsibility during the period of registration.	727

Sec. 4510.22.  (A) If a person who has a current valid Ohio	728
driver's, commercial driver's license, or temporary instruction	729
permit is charged with a violation of any provision in sections	730
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	731
4549.65 of the Revised Code that is classified as a misdemeanor of	732
the first, second, third, or fourth degree or with a violation of	733
any substantially equivalent municipal ordinance and if the person	734
either fails to appear in court at the required time and place to	735
answer the charge or pleads guilty to or is found guilty of the	736
violation and fails within the time allowed by the court to pay	737
the fine imposed by the court, the court shall declare the	738
forfeiture of the person's license. Thirty days after the	739
declaration of forfeiture, the court shall inform the registrar of	740
motor vehicles of the forfeiture by entering information relative	741
to the of forfeiture on a form approved and furnished by the	742
registrar and sending the form to the registrar. The court also	743
shall forward the person's license, if it is in the possession of	744
the court, to the registrar.	745

The registrar shall impose a class F suspension of the	746
person's driver's or commercial driver's license, or temporary	747
instruction permit for the period of time specified in division	748
(B)(6) of section 4510.02 of the Revised Code on any person who is	749
named in a declaration received by the registrar under this	750
section. The registrar shall send written notification of the	751
suspension to the person at the person's last known address and,	752
if the person is in possession of the license, order the person to	753
surrender the person's license or permit to the registrar within	754
forty-eight hours.	755

No valid driver's or commercial driver's license shall be	756
granted to the person after the suspension, unless the court	757
having jurisdiction of the offense that led to the suspension	758
orders that the forfeiture be terminated. The court shall order	759
the termination of the forfeiture if the person thereafter appears	760
to answer the charge and pays any fine imposed by the court or	761
pays the fine originally imposed by the court. The court shall	762
inform the registrar of the termination of the forfeiture by	763
entering information relative to the termination on a form	764
approved and furnished by the registrar and sending the form to	765
the registrar. The person shall pay to the bureau of motor	766
vehicles a fifteen-dollartwenty-five-dollar reinstatement fee to	767
cover the costs of the bureau in administering this section. The	768
registrar shall deposit fifteen dollars of the fee into the state	769
bureau of motor vehicles fund created by section 4501.25 of the	770
Revised Code to cover the costs of the bureau in administering	771
this section and shall pay ten dollars of the fee into the state	772
treasury to the credit of the indigent defense support fund	773
established under section 120.08 of the Revised Code.	774

(B) In addition to suspending the driver's or commercial	775
driver's license or permit of the person named in a declaration of	776
forfeiture, the registrar, upon receipt from the court of the copy	777
of the declaration of forfeiture, shall take any measures that may	778
be necessary to ensure that neither the registrar nor any deputy	779
registrar accepts any application for the registration or transfer	780
of registration of any motor vehicle owned or leased by the person	781
named in the declaration of forfeiture. However, for a motor	782
vehicle leased by a person named in a declaration of forfeiture,	783
the registrar shall not implement the preceding sentence until the	784
registrar adopts procedures for that implementation under section	785
4503.39 of the Revised Code. The period of denial of registration	786
or transfer shall continue until such time as the court having	787
jurisdiction of the offense that led to the suspension orders the	788
forfeiture be terminated. Upon receipt by the registrar of an	789
order terminating the forfeiture, the registrar also shall take	790
any measures that may be necessary to permit the person to	791
register a motor vehicle owned or leased by the person or to	792
transfer the registration of such a motor vehicle, if the person	793
later makes application to take such action and otherwise is	794
eligible to register the motor vehicle or to transfer its	795
registration.	796

The registrar shall not be required to give effect to any	797
declaration of forfeiture or order terminating a forfeiture	798
provided by a court under this section unless the information	799
contained in the declaration or order is transmitted to the	800
registrar by means of an electronic transfer system. The registrar	801
shall not restore the person's driving or vehicle registration	802
privileges until the person pays the reinstatement fee as provided	803
in this section.	804

The period of denial relating to the issuance or transfer of	805
a certificate of registration for a motor vehicle imposed pursuant	806
to this division remains in effect until the person pays any fine	807
imposed by the court relative to the offense.	808

Sec. 4511.19.  (A)(1) No person shall operate any vehicle,	809
streetcar, or trackless trolley within this state, if, at the time	810
of the operation, any of the following apply:	811

(a) The person is under the influence of alcohol, a drug of	812
abuse, or a combination of them.	813

(b) The person has a concentration of eight-hundredths of one	814
per cent or more but less than seventeen-hundredths of one per	815
cent by weight per unit volume of alcohol in the person's whole	816
blood.	817

(c) The person has a concentration of ninety-six-thousandths	818
of one per cent or more but less than two hundred four-thousandths	819
of one per cent by weight per unit volume of alcohol in the	820
person's blood serum or plasma.	821

(d) The person has a concentration of eight-hundredths of one	822
gram or more but less than seventeen-hundredths of one gram by	823
weight of alcohol per two hundred ten liters of the person's	824
breath.	825

(e) The person has a concentration of eleven-hundredths of	826
one gram or more but less than two hundred	827
thirty-eight-thousandths of one gram by weight of alcohol per one	828
hundred milliliters of the person's urine.	829

(f) The person has a concentration of seventeen-hundredths of	830
one per cent or more by weight per unit volume of alcohol in the	831
person's whole blood.	832

(g) The person has a concentration of two hundred	833
four-thousandths of one per cent or more by weight per unit volume	834
of alcohol in the person's blood serum or plasma.	835

(h) The person has a concentration of seventeen-hundredths of	836
one gram or more by weight of alcohol per two hundred ten liters	837
of the person's breath.	838

(i) The person has a concentration of two hundred	839
thirty-eight-thousandths of one gram or more by weight of alcohol	840
per one hundred milliliters of the person's urine.	841

(j) Except as provided in division (K) of this section, the	842
person has a concentration of any of the following controlled	843
substances or metabolites of a controlled substance in the	844
person's whole blood, blood serum or plasma, or urine that equals	845
or exceeds any of the following:	846

(i) The person has a concentration of amphetamine in the	847
person's urine of at least five hundred nanograms of amphetamine	848
per milliliter of the person's urine or has a concentration of	849
amphetamine in the person's whole blood or blood serum or plasma	850
of at least one hundred nanograms of amphetamine per milliliter of	851
the person's whole blood or blood serum or plasma.	852

(ii) The person has a concentration of cocaine in the	853
person's urine of at least one hundred fifty nanograms of cocaine	854
per milliliter of the person's urine or has a concentration of	855
cocaine in the person's whole blood or blood serum or plasma of at	856
least fifty nanograms of cocaine per milliliter of the person's	857
whole blood or blood serum or plasma.	858

(iii) The person has a concentration of cocaine metabolite in	859
the person's urine of at least one hundred fifty nanograms of	860
cocaine metabolite per milliliter of the person's urine or has a	861
concentration of cocaine metabolite in the person's whole blood or	862
blood serum or plasma of at least fifty nanograms of cocaine	863
metabolite per milliliter of the person's whole blood or blood	864
serum or plasma.	865

(iv) The person has a concentration of heroin in the person's	866
urine of at least two thousand nanograms of heroin per milliliter	867
of the person's urine or has a concentration of heroin in the	868
person's whole blood or blood serum or plasma of at least fifty	869
nanograms of heroin per milliliter of the person's whole blood or	870
blood serum or plasma.	871

(v) The person has a concentration of heroin metabolite	872
(6-monoacetyl morphine) in the person's urine of at least ten	873
nanograms of heroin metabolite (6-monoacetyl morphine) per	874
milliliter of the person's urine or has a concentration of heroin	875
metabolite (6-monoacetyl morphine) in the person's whole blood or	876
blood serum or plasma of at least ten nanograms of heroin	877
metabolite (6-monoacetyl morphine) per milliliter of the person's	878
whole blood or blood serum or plasma.	879

(vi) The person has a concentration of L.S.D. in the person's	880
urine of at least twenty-five nanograms of L.S.D. per milliliter	881
of the person's urine or a concentration of L.S.D. in the person's	882
whole blood or blood serum or plasma of at least ten nanograms of	883
L.S.D. per milliliter of the person's whole blood or blood serum	884
or plasma.	885

(vii) The person has a concentration of marihuana in the	886
person's urine of at least ten nanograms of marihuana per	887
milliliter of the person's urine or has a concentration of	888
marihuana in the person's whole blood or blood serum or plasma of	889
at least two nanograms of marihuana per milliliter of the person's	890
whole blood or blood serum or plasma.	891

(viii) Either of the following applies:

892

(I) The person is under the influence of alcohol, a drug of	893
abuse, or a combination of them, and, as measured by gas	894
chromatography mass spectrometry, the person has a concentration	895
of marihuana metabolite in the person's urine of at least fifteen	896
nanograms of marihuana metabolite per milliliter of the person's	897
urine or has a concentration of marihuana metabolite in the	898
person's whole blood or blood serum or plasma of at least five	899
nanograms of marihuana metabolite per milliliter of the person's	900
whole blood or blood serum or plasma.	901

(II) As measured by gas chromatography mass spectrometry, the	902
person has a concentration of marihuana metabolite in the person's	903
urine of at least thirty-five nanograms of marihuana metabolite	904
per milliliter of the person's urine or has a concentration of	905
marihuana metabolite in the person's whole blood or blood serum or	906
plasma of at least fifty nanograms of marihuana metabolite per	907
milliliter of the person's whole blood or blood serum or plasma.	908

(ix) The person has a concentration of methamphetamine in the	909
person's urine of at least five hundred nanograms of	910
methamphetamine per milliliter of the person's urine or has a	911
concentration of methamphetamine in the person's whole blood or	912
blood serum or plasma of at least one hundred nanograms of	913
methamphetamine per milliliter of the person's whole blood or	914
blood serum or plasma.	915

(x) The person has a concentration of phencyclidine in the	916
person's urine of at least twenty-five nanograms of phencyclidine	917
per milliliter of the person's urine or has a concentration of	918
phencyclidine in the person's whole blood or blood serum or plasma	919
of at least ten nanograms of phencyclidine per milliliter of the	920
person's whole blood or blood serum or plasma.	921

(2) No person who, within twenty years of the conduct	922
described in division (A)(2)(a) of this section, previously has	923
been convicted of or pleaded guilty to a violation of this	924
division, division (A)(1) or (B) of this section, or a municipal	925
OVI offense shall do both of the following:	926

(a) Operate any vehicle, streetcar, or trackless trolley	927
within this state while under the influence of alcohol, a drug of	928
abuse, or a combination of them;	929

(b) Subsequent to being arrested for operating the vehicle,	930
streetcar, or trackless trolley as described in division (A)(2)(a)	931
of this section, being asked by a law enforcement officer to	932
submit to a chemical test or tests under section 4511.191 of the	933
Revised Code, and being advised by the officer in accordance with	934
section 4511.192 of the Revised Code of the consequences of the	935
person's refusal or submission to the test or tests, refuse to	936
submit to the test or tests.	937

(B) No person under twenty-one years of age shall operate any	938
vehicle, streetcar, or trackless trolley within this state, if, at	939
the time of the operation, any of the following apply:	940

(1) The person has a concentration of at least two-hundredths	941
of one per cent but less than eight-hundredths of one per cent by	942
weight per unit volume of alcohol in the person's whole blood.	943

(2) The person has a concentration of at least	944
three-hundredths of one per cent but less than	945
ninety-six-thousandths of one per cent by weight per unit volume	946
of alcohol in the person's blood serum or plasma.	947

(3) The person has a concentration of at least two-hundredths	948
of one gram but less than eight-hundredths of one gram by weight	949
of alcohol per two hundred ten liters of the person's breath.	950

(4) The person has a concentration of at least twenty-eight	951
one-thousandths of one gram but less than eleven-hundredths of one	952
gram by weight of alcohol per one hundred milliliters of the	953
person's urine.	954

(C) In any proceeding arising out of one incident, a person	955
may be charged with a violation of division (A)(1)(a) or (A)(2)	956
and a violation of division (B)(1), (2), or (3) of this section,	957
but the person may not be convicted of more than one violation of	958
these divisions.	959

(D)(1)(a) In any criminal prosecution or juvenile court	960
proceeding for a violation of division (A)(1)(a) of this section	961
or for an equivalent offense, the result of any test of any blood	962
or urine withdrawn and analyzed at any health care provider, as	963
defined in section 2317.02 of the Revised Code, may be admitted	964
with expert testimony to be considered with any other relevant and	965
competent evidence in determining the guilt or innocence of the	966
defendant.	967

(b) In any criminal prosecution or juvenile court proceeding	968
for a violation of division (A) or (B) of this section or for an	969
equivalent offense, the court may admit evidence on the	970
concentration of alcohol, drugs of abuse, controlled substances,	971
metabolites of a controlled substance, or a combination of them in	972
the defendant's whole blood, blood serum or plasma, breath, urine,	973
or other bodily substance at the time of the alleged violation as	974
shown by chemical analysis of the substance withdrawn within	975
three hours of the time of the alleged violation. The three-hour	976
time limit specified in this division regarding the admission of	977
evidence does not extend or affect the two-hour time limit	978
specified in division (A) of section 4511.192 of the Revised Code	979
as the maximum period of time during which a person may consent to	980
a chemical test or tests as described in that section. The court	981
may admit evidence on the concentration of alcohol, drugs of	982
abuse, or a combination of them as described in this division when	983
a person submits to a blood, breath, urine, or other bodily	984
substance test at the request of a law enforcement officer under	985
section 4511.191 of the Revised Code or a blood or urine sample is	986
obtained pursuant to a search warrant. Only a physician, a	987
registered nurse, or a qualified technician, chemist, or	988
phlebotomist shall withdraw a blood sample for the purpose of	989
determining the alcohol, drug, controlled substance, metabolite of	990
a controlled substance, or combination content of the whole	991
blood, blood serum, or blood plasma. This limitation does not	992
apply to the taking of breath or urine specimens. A person	993
authorized to withdraw blood under this division may refuse to	994
withdraw blood under this division, if in that person's opinion,	995
the physical welfare of the person would be endangered by the	996
withdrawing of blood.	997

The bodily substance withdrawn under division (D)(1)(b) of	998
this section shall be analyzed in accordance with methods approved	999
by the director of health by an individual possessing a valid	1000
permit issued by the director pursuant to section 3701.143 of the	1001
Revised Code.	1002

(2) In a criminal prosecution or juvenile court proceeding	1003
for a violation of division (A) of this section or for an	1004
equivalent offense, if there was at the time the bodily substance	1005
was withdrawn a concentration of less than the applicable	1006
concentration of alcohol specified in divisions (A)(1)(b), (c),	1007
(d), and (e) of this section or less than the applicable	1008
concentration of a listed controlled substance or a listed	1009
metabolite of a controlled substance specified for a violation of	1010
division (A)(1)(j) of this section, that fact may be considered	1011
with other competent evidence in determining the guilt or	1012
innocence of the defendant. This division does not limit or affect	1013
a criminal prosecution or juvenile court proceeding for a	1014
violation of division (B) of this section or for an equivalent	1015
offense that is substantially equivalent to that division.	1016

(3) Upon the request of the person who was tested, the	1017
results of the chemical test shall be made available to the person	1018
or the person's attorney, immediately upon the completion of the	1019
chemical test analysis.	1020

If the chemical test was obtained pursuant to division	1021
(D)(1)(b) of this section, the person tested may have a physician,	1022
a registered nurse, or a qualified technician, chemist, or	1023
phlebotomist of the person's own choosing administer a chemical	1024
test or tests, at the person's expense, in addition to any	1025
administered at the request of a law enforcement officer. The form	1026
to be read to the person to be tested, as required under section	1027
4511.192 of the Revised Code, shall state that the person may have	1028
an independent test performed at the person's expense. The failure	1029
or inability to obtain an additional chemical test by a person	1030
shall not preclude the admission of evidence relating to the	1031
chemical test or tests taken at the request of a law enforcement	1032
officer.	1033

(4)(a) As used in divisions (D)(4)(b) and (c) of this	1034
section, "national highway traffic safety administration" means	1035
the national highway traffic safety administration established as	1036
an administration of the United States department of	1037
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.	1038

(b) In any criminal prosecution or juvenile court proceeding	1039
for a violation of division (A) or (B) of this section, of a	1040
municipal ordinance relating to operating a vehicle while under	1041
the influence of alcohol, a drug of abuse, or alcohol and a drug	1042
of abuse, or of a municipal ordinance relating to operating a	1043
vehicle with a prohibited concentration of alcohol, a controlled	1044
substance, or a metabolite of a controlled substance in the blood,	1045
breath, or urine, if a law enforcement officer has administered a	1046
field sobriety test to the operator of the vehicle involved in the	1047
violation and if it is shown by clear and convincing evidence that	1048
the officer administered the test in substantial compliance with	1049
the testing standards for any reliable, credible, and generally	1050
accepted field sobriety tests that were in effect at the time the	1051
tests were administered, including, but not limited to, any	1052
testing standards then in effect that were set by the national	1053
highway traffic safety administration, all of the following apply:	1054

(i) The officer may testify concerning the results of the	1055
field sobriety test so administered.	1056

(ii) The prosecution may introduce the results of the field	1057
sobriety test so administered as evidence in any proceedings in	1058
the criminal prosecution or juvenile court proceeding.	1059

(iii) If testimony is presented or evidence is introduced	1060
under division (D)(4)(b)(i) or (ii) of this section and if the	1061
testimony or evidence is admissible under the Rules of Evidence,	1062
the court shall admit the testimony or evidence and the trier of	1063
fact shall give it whatever weight the trier of fact considers to	1064
be appropriate.	1065

(c) Division (D)(4)(b) of this section does not limit or	1066
preclude a court, in its determination of whether the arrest of a	1067
person was supported by probable cause or its determination of any	1068
other matter in a criminal prosecution or juvenile court	1069
proceeding of a type described in that division, from considering	1070
evidence or testimony that is not otherwise disallowed by division	1071
(D)(4)(b) of this section.	1072

(E)(1) Subject to division (E)(3) of this section, in any	1073
criminal prosecution or juvenile court proceeding for a violation	1074
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)	1075
or (B)(1), (2), (3), or (4) of this section or for an equivalent	1076
offense that is substantially equivalent to any of those	1077
divisions, a laboratory report from any laboratory personnel	1078
issued a permit by the department of health authorizing an	1079
analysis as described in this division that contains an analysis	1080
of the whole blood, blood serum or plasma, breath, urine, or other	1081
bodily substance tested and that contains all of the information	1082
specified in this division shall be admitted as prima-facie	1083
evidence of the information and statements that the report	1084
contains. The laboratory report shall contain all of the	1085
following:	1086

(a) The signature, under oath, of any person who performed	1087
the analysis;	1088

(b) Any findings as to the identity and quantity of alcohol,	1089
a drug of abuse, a controlled substance, a metabolite of a	1090
controlled substance, or a combination of them that was found;	1091

(c) A copy of a notarized statement by the laboratory	1092
director or a designee of the director that contains the name of	1093
each certified analyst or test performer involved with the report,	1094
the analyst's or test performer's employment relationship with the	1095
laboratory that issued the report, and a notation that performing	1096
an analysis of the type involved is part of the analyst's or test	1097
performer's regular duties;	1098

(d) An outline of the analyst's or test performer's	1099
education, training, and experience in performing the type of	1100
analysis involved and a certification that the laboratory	1101
satisfies appropriate quality control standards in general and, in	1102
this particular analysis, under rules of the department of health.	1103

(2) Notwithstanding any other provision of law regarding the	1104
admission of evidence, a report of the type described in division	1105
(E)(1) of this section is not admissible against the defendant to	1106
whom it pertains in any proceeding, other than a preliminary	1107
hearing or a grand jury proceeding, unless the prosecutor has	1108
served a copy of the report on the defendant's attorney or, if the	1109
defendant has no attorney, on the defendant.	1110

(3) A report of the type described in division (E)(1) of this	1111
section shall not be prima-facie evidence of the contents,	1112
identity, or amount of any substance if, within seven days after	1113
the defendant to whom the report pertains or the defendant's	1114
attorney receives a copy of the report, the defendant or the	1115
defendant's attorney demands the testimony of the person who	1116
signed the report. The judge in the case may extend the seven-day	1117
time limit in the interest of justice.	1118

(F) Except as otherwise provided in this division, any	1119
physician, registered nurse, or qualified technician, chemist, or	1120
phlebotomist who withdraws blood from a person pursuant to this	1121
section, and any hospital, first-aid station, or clinic at which	1122
blood is withdrawn from a person pursuant to this section, is	1123
immune from criminal liability and civil liability based upon a	1124
claim of assault and battery or any other claim that is not a	1125
claim of malpractice, for any act performed in withdrawing blood	1126
from the person. The immunity provided in this division is not	1127
available to a person who withdraws blood if the person engages in	1128
willful or wanton misconduct.	1129

(G)(1) Whoever violates any provision of divisions (A)(1)(a)	1130
to (i) or (A)(2) of this section is guilty of operating a vehicle	1131
under the influence of alcohol, a drug of abuse, or a combination	1132
of them. Whoever violates division (A)(1)(j) of this section is	1133
guilty of operating a vehicle while under the influence of a	1134
listed controlled substance or a listed metabolite of a controlled	1135
substance. The court shall sentence the offender for either	1136
offense under Chapter 2929. of the Revised Code, except as	1137
otherwise authorized or required by divisions (G)(1)(a) to (e) of	1138
this section:	1139

(a) Except as otherwise provided in division (G)(1)(b), (c),	1140
(d), or (e) of this section, the offender is guilty of a	1141
misdemeanor of the first degree, and the court shall sentence the	1142
offender to all of the following:	1143

(i) If the sentence is being imposed for a violation of	1144
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1145
mandatory jail term of three consecutive days. As used in this	1146
division, three consecutive days means seventy-two consecutive	1147
hours. The court may sentence an offender to both an intervention	1148
program and a jail term. The court may impose a jail term in	1149
addition to the three-day mandatory jail term or intervention	1150
program. However, in no case shall the cumulative jail term	1151
imposed for the offense exceed six months.	1152

The court may suspend the execution of the three-day jail	1153
term under this division if the court, in lieu of that suspended	1154
term, places the offender under a community control sanction	1155
pursuant to section 2929.25 of the Revised Code and requires the	1156
offender to attend, for three consecutive days, a drivers'	1157
intervention program certified under section 3793.10 of the	1158
Revised Code. The court also may suspend the execution of any	1159
part of the three-day jail term under this division if it places	1160
the offender under a community control sanction pursuant to	1161
section 2929.25 of the Revised Code for part of the three days,	1162
requires the offender to attend for the suspended part of the term	1163
a drivers' intervention program so certified, and sentences the	1164
offender to a jail term equal to the remainder of the three	1165
consecutive days that the offender does not spend attending the	1166
program. The court may require the offender, as a condition of	1167
community control and in addition to the required attendance at a	1168
drivers' intervention program, to attend and satisfactorily	1169
complete any treatment or education programs that comply with the	1170
minimum standards adopted pursuant to Chapter 3793. of the Revised	1171
Code by the director of alcohol and drug addiction services that	1172
the operators of the drivers' intervention program determine that	1173
the offender should attend and to report periodically to the court	1174
on the offender's progress in the programs. The court also may	1175
impose on the offender any other conditions of community control	1176
that it considers necessary.	1177

(ii) If the sentence is being imposed for a violation of	1178
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1179
section, except as otherwise provided in this division, a	1180
mandatory jail term of at least three consecutive days and a	1181
requirement that the offender attend, for three consecutive days,	1182
a drivers' intervention program that is certified pursuant to	1183
section 3793.10 of the Revised Code. As used in this division,	1184
three consecutive days means seventy-two consecutive hours. If the	1185
court determines that the offender is not conducive to treatment	1186
in a drivers' intervention program, if the offender refuses to	1187
attend a drivers' intervention program, or if the jail at which	1188
the offender is to serve the jail term imposed can provide a	1189
driver's intervention program, the court shall sentence the	1190
offender to a mandatory jail term of at least six consecutive	1191
days.	1192

The court may require the offender, under a community control	1193
sanction imposed under section 2929.25 of the Revised Code, to	1194
attend and satisfactorily complete any treatment or education	1195
programs that comply with the minimum standards adopted pursuant	1196
to Chapter 3793. of the Revised Code by the director of alcohol	1197
and drug addiction services, in addition to the required	1198
attendance at drivers' intervention program, that the operators of	1199
the drivers' intervention program determine that the offender	1200
should attend and to report periodically to the court on the	1201
offender's progress in the programs. The court also may impose any	1202
other conditions of community control on the offender that it	1203
considers necessary.	1204

(iii) In all cases, a fine of not less than twothree hundred	1205
fiftytwenty-five and not more than one thousand seventy-five	1206
dollars;	1207

(iv) In all cases, a class five license suspension of the	1208
offender's driver's or commercial driver's license or permit or	1209
nonresident operating privilege from the range specified in	1210
division (A)(5) of section 4510.02 of the Revised Code. The court	1211
may grant limited driving privileges relative to the suspension	1212
under sections 4510.021 and 4510.13 of the Revised Code.	1213

(b) Except as otherwise provided in division (G)(1)(e) of	1214
this section, an offender who, within six years of the offense,	1215
previously has been convicted of or pleaded guilty to one	1216
violation of division (A) or (B) of this section or one other	1217
equivalent offense is guilty of a misdemeanor of the first degree.	1218
The court shall sentence the offender to all of the following:	1219

(i) If the sentence is being imposed for a violation of	1220
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1221
mandatory jail term of ten consecutive days. The court shall	1222
impose the ten-day mandatory jail term under this division unless,	1223
subject to division (G)(3) of this section, it instead imposes a	1224
sentence under that division consisting of both a jail term and a	1225
term of house arrest with electronic monitoring, with continuous	1226
alcohol monitoring, or with both electronic monitoring and	1227
continuous alcohol monitoring. The court may impose a jail term in	1228
addition to the ten-day mandatory jail term. The cumulative jail	1229
term imposed for the offense shall not exceed six months.	1230

In addition to the jail term or the term of house arrest with	1231
electronic monitoring or continuous alcohol monitoring or both	1232
types of monitoring and jail term, the court may require the	1233
offender to attend a drivers' intervention program that is	1234
certified pursuant to section 3793.10 of the Revised Code. If the	1235
operator of the program determines that the offender is alcohol	1236
dependent, the program shall notify the court, and, subject to	1237
division (I) of this section, the court shall order the offender	1238
to obtain treatment through an alcohol and drug addiction program	1239
authorized by section 3793.02 of the Revised Code.	1240

(ii) If the sentence is being imposed for a violation of	1241
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1242
section, except as otherwise provided in this division, a	1243
mandatory jail term of twenty consecutive days. The court shall	1244
impose the twenty-day mandatory jail term under this division	1245
unless, subject to division (G)(3) of this section, it instead	1246
imposes a sentence under that division consisting of both a jail	1247
term and a term of house arrest with electronic monitoring, with	1248
continuous alcohol monitoring, or with both electronic monitoring	1249
and continuous alcohol monitoring. The court may impose a jail	1250
term in addition to the twenty-day mandatory jail term. The	1251
cumulative jail term imposed for the offense shall not exceed six	1252
months.	1253

In addition to the jail term or the term of house arrest with	1254
electronic monitoring or continuous alcohol monitoring or both	1255
types of monitoring and jail term, the court may require the	1256
offender to attend a driver's intervention program that is	1257
certified pursuant to section 3793.10 of the Revised Code. If the	1258
operator of the program determines that the offender is alcohol	1259
dependent, the program shall notify the court, and, subject to	1260
division (I) of this section, the court shall order the offender	1261
to obtain treatment through an alcohol and drug addiction program	1262
authorized by section 3793.02 of the Revised Code.	1263

(iii) In all cases, notwithstanding the fines set forth in	1264
Chapter 2929. of the Revised Code, a fine of not less than three	1265
four hundred fiftyseventy-five and not more than one thousand	1266
fivesix hundred twenty-five dollars;	1267

(iv) In all cases, a class four license suspension of the	1268
offender's driver's license, commercial driver's license,	1269
temporary instruction permit, probationary license, or nonresident	1270
operating privilege from the range specified in division (A)(4) of	1271
section 4510.02 of the Revised Code. The court may grant limited	1272
driving privileges relative to the suspension under sections	1273
4510.021 and 4510.13 of the Revised Code.	1274

(v) In all cases, if the vehicle is registered in the	1275
offender's name, immobilization of the vehicle involved in the	1276
offense for ninety days in accordance with section 4503.233 of the	1277
Revised Code and impoundment of the license plates of that vehicle	1278
for ninety days.	1279

(c) Except as otherwise provided in division (G)(1)(e) of	1280
this section, an offender who, within six years of the offense,	1281
previously has been convicted of or pleaded guilty to two	1282
violations of division (A) or (B) of this section or other	1283
equivalent offenses is guilty of a misdemeanor. The court shall	1284
sentence the offender to all of the following:	1285

(i) If the sentence is being imposed for a violation of	1286
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1287
mandatory jail term of thirty consecutive days. The court shall	1288
impose the thirty-day mandatory jail term under this division	1289
unless, subject to division (G)(3) of this section, it instead	1290
imposes a sentence under that division consisting of both a jail	1291
term and a term of house arrest with electronic monitoring, with	1292
continuous alcohol monitoring, or with both electronic monitoring	1293
and continuous alcohol monitoring. The court may impose a jail	1294
term in addition to the thirty-day mandatory jail term.	1295
Notwithstanding the jail terms set forth in sections 2929.21 to	1296
2929.28 of the Revised Code, the additional jail term shall not	1297
exceed one year, and the cumulative jail term imposed for the	1298
offense shall not exceed one year.	1299

(ii) If the sentence is being imposed for a violation of	1300
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1301
section, a mandatory jail term of sixty consecutive days. The	1302
court shall impose the sixty-day mandatory jail term under this	1303
division unless, subject to division (G)(3) of this section, it	1304
instead imposes a sentence under that division consisting of both	1305
a jail term and a term of house arrest with electronic monitoring,	1306
with continuous alcohol monitoring, or with both electronic	1307
monitoring and continuous alcohol monitoring. The court may impose	1308
a jail term in addition to the sixty-day mandatory jail term.	1309
Notwithstanding the jail terms set forth in sections 2929.21 to	1310
2929.28 of the Revised Code, the additional jail term shall not	1311
exceed one year, and the cumulative jail term imposed for the	1312
offense shall not exceed one year.	1313

(iii) In all cases, notwithstanding the fines set forth in	1314
Chapter 2929. of the Revised Code, a fine of not less than five	1315
eight hundred fifty and not more than two thousand fiveseven	1316
hundred fifty dollars;	1317

(iv) In all cases, a class three license suspension of the	1318
offender's driver's license, commercial driver's license,	1319
temporary instruction permit, probationary license, or nonresident	1320
operating privilege from the range specified in division (A)(3) of	1321
section 4510.02 of the Revised Code. The court may grant limited	1322
driving privileges relative to the suspension under sections	1323
4510.021 and 4510.13 of the Revised Code.	1324

(v) In all cases, if the vehicle is registered in the	1325
offender's name, criminal forfeiture of the vehicle involved in	1326
the offense in accordance with section 4503.234 of the Revised	1327
Code. Division (G)(6) of this section applies regarding any	1328
vehicle that is subject to an order of criminal forfeiture under	1329
this division.	1330

(vi) In all cases, participation in an alcohol and drug	1331
addiction program authorized by section 3793.02 of the Revised	1332
Code, subject to division (I) of this section.	1333

(d) Except as otherwise provided in division (G)(1)(e) of	1334
this section, an offender who, within six years of the offense,	1335
previously has been convicted of or pleaded guilty to three or	1336
four violations of division (A) or (B) of this section or other	1337
equivalent offenses or an offender who, within twenty years of the	1338
offense, previously has been convicted of or pleaded guilty to	1339
five or more violations of that nature is guilty of a felony of	1340
the fourth degree. The court shall sentence the offender to all of	1341
the following:	1342

(i) If the sentence is being imposed for a violation of	1343
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1344
mandatory prison term of one, two, three, four, or five years as	1345
required by and in accordance with division (G)(2) of section	1346
2929.13 of the Revised Code if the offender also is convicted of	1347
or also pleads guilty to a specification of the type described in	1348
section 2941.1413 of the Revised Code or, in the discretion of the	1349
court, either a mandatory term of local incarceration of sixty	1350
consecutive days in accordance with division (G)(1) of section	1351
2929.13 of the Revised Code or a mandatory prison term of sixty	1352
consecutive days in accordance with division (G)(2) of that	1353
section if the offender is not convicted of and does not plead	1354
guilty to a specification of that type. If the court imposes a	1355
mandatory term of local incarceration, it may impose a jail term	1356
in addition to the sixty-day mandatory term, the cumulative total	1357
of the mandatory term and the jail term for the offense shall not	1358
exceed one year, and, except as provided in division (A)(1) of	1359
section 2929.13 of the Revised Code, no prison term is authorized	1360
for the offense. If the court imposes a mandatory prison term,	1361
notwithstanding division (A)(4) of section 2929.14 of the Revised	1362
Code, it also may sentence the offender to a definite prison term	1363
that shall be not less than six months and not more than thirty	1364
months and the prison terms shall be imposed as described in	1365
division (G)(2) of section 2929.13 of the Revised Code. If the	1366
court imposes a mandatory prison term or mandatory prison term and	1367
additional prison term, in addition to the term or terms so	1368
imposed, the court also may sentence the offender to a community	1369
control sanction for the offense, but the offender shall serve all	1370
of the prison terms so imposed prior to serving the community	1371
control sanction.	1372

(ii) If the sentence is being imposed for a violation of	1373
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1374
section, a mandatory prison term of one, two, three, four, or five	1375
years as required by and in accordance with division (G)(2) of	1376
section 2929.13 of the Revised Code if the offender also is	1377
convicted of or also pleads guilty to a specification of the type	1378
described in section 2941.1413 of the Revised Code or, in the	1379
discretion of the court, either a mandatory term of local	1380
incarceration of one hundred twenty consecutive days in accordance	1381
with division (G)(1) of section 2929.13 of the Revised Code or a	1382
mandatory prison term of one hundred twenty consecutive days in	1383
accordance with division (G)(2) of that section if the offender is	1384
not convicted of and does not plead guilty to a specification of	1385
that type. If the court imposes a mandatory term of local	1386
incarceration, it may impose a jail term in addition to the one	1387
hundred twenty-day mandatory term, the cumulative total of the	1388
mandatory term and the jail term for the offense shall not exceed	1389
one year, and, except as provided in division (A)(1) of section	1390
2929.13 of the Revised Code, no prison term is authorized for the	1391
offense. If the court imposes a mandatory prison term,	1392
notwithstanding division (A)(4) of section 2929.14 of the Revised	1393
Code, it also may sentence the offender to a definite prison term	1394
that shall be not less than six months and not more than thirty	1395
months and the prison terms shall be imposed as described in	1396
division (G)(2) of section 2929.13 of the Revised Code. If the	1397
court imposes a mandatory prison term or mandatory prison term and	1398
additional prison term, in addition to the term or terms so	1399
imposed, the court also may sentence the offender to a community	1400
control sanction for the offense, but the offender shall serve all	1401
of the prison terms so imposed prior to serving the community	1402
control sanction.	1403

(iii) In all cases, notwithstanding section 2929.18 of the	1404
Revised Code, a fine of not less than eightone thousand three	1405
hundred nor more than ten thousand five hundred dollars;	1406

(iv) In all cases, a class two license suspension of the	1407
offender's driver's license, commercial driver's license,	1408
temporary instruction permit, probationary license, or nonresident	1409
operating privilege from the range specified in division (A)(2) of	1410
section 4510.02 of the Revised Code. The court may grant limited	1411
driving privileges relative to the suspension under sections	1412
4510.021 and 4510.13 of the Revised Code.	1413

(v) In all cases, if the vehicle is registered in the	1414
offender's name, criminal forfeiture of the vehicle involved in	1415
the offense in accordance with section 4503.234 of the Revised	1416
Code. Division (G)(6) of this section applies regarding any	1417
vehicle that is subject to an order of criminal forfeiture under	1418
this division.	1419

(vi) In all cases, participation in an alcohol and drug	1420
addiction program authorized by section 3793.02 of the Revised	1421
Code, subject to division (I) of this section.	1422

(vii) In all cases, if the court sentences the offender to a	1423
mandatory term of local incarceration, in addition to the	1424
mandatory term, the court, pursuant to section 2929.17 of the	1425
Revised Code, may impose a term of house arrest with electronic	1426
monitoring. The term shall not commence until after the offender	1427
has served the mandatory term of local incarceration.	1428

(e) An offender who previously has been convicted of or	1429
pleaded guilty to a violation of division (A) of this section that	1430
was a felony, regardless of when the violation and the conviction	1431
or guilty plea occurred, is guilty of a felony of the third	1432
degree. The court shall sentence the offender to all of the	1433
following:	1434

(i) If the offender is being sentenced for a violation of	1435
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a	1436
mandatory prison term of one, two, three, four, or five years as	1437
required by and in accordance with division (G)(2) of section	1438
2929.13 of the Revised Code if the offender also is convicted of	1439
or also pleads guilty to a specification of the type described in	1440
section 2941.1413 of the Revised Code or a mandatory prison term	1441
of sixty consecutive days in accordance with division (G)(2) of	1442
section 2929.13 of the Revised Code if the offender is not	1443
convicted of and does not plead guilty to a specification of that	1444
type. The court may impose a prison term in addition to the	1445
mandatory prison term. The cumulative total of a sixty-day	1446
mandatory prison term and the additional prison term for the	1447
offense shall not exceed five years. In addition to the mandatory	1448
prison term or mandatory prison term and additional prison term	1449
the court imposes, the court also may sentence the offender to a	1450
community control sanction for the offense, but the offender	1451
shall serve all of the prison terms so imposed prior to serving	1452
the community control sanction.	1453

(ii) If the sentence is being imposed for a violation of	1454
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this	1455
section, a mandatory prison term of one, two, three, four, or five	1456
years as required by and in accordance with division (G)(2) of	1457
section 2929.13 of the Revised Code if the offender also is	1458
convicted of or also pleads guilty to a specification of the type	1459
described in section 2941.1413 of the Revised Code or a mandatory	1460
prison term of one hundred twenty consecutive days in accordance	1461
with division (G)(2) of section 2929.13 of the Revised Code if the	1462
offender is not convicted of and does not plead guilty to a	1463
specification of that type. The court may impose a prison term in	1464
addition to the mandatory prison term. The cumulative total of a	1465
one hundred twenty-day mandatory prison term and the additional	1466
prison term for the offense shall not exceed five years. In	1467
addition to the mandatory prison term or mandatory prison term and	1468
additional prison term the court imposes, the court also may	1469
sentence the offender to a community control sanction for the	1470
offense, but the offender shall serve all of the prison terms so	1471
imposed prior to serving the community control sanction.	1472

(iii) In all cases, notwithstanding section 2929.18 of the	1473
Revised Code, a fine of not less than eightone thousand three	1474
hundred nor more than ten thousand five hundred dollars;	1475

(iv) In all cases, a class two license suspension of the	1476
offender's driver's license, commercial driver's license,	1477
temporary instruction permit, probationary license, or nonresident	1478
operating privilege from the range specified in division (A)(2) of	1479
section 4510.02 of the Revised Code. The court may grant limited	1480
driving privileges relative to the suspension under sections	1481
4510.021 and 4510.13 of the Revised Code.	1482

(v) In all cases, if the vehicle is registered in the	1483
offender's name, criminal forfeiture of the vehicle involved in	1484
the offense in accordance with section 4503.234 of the Revised	1485
Code. Division (G)(6) of this section applies regarding any	1486
vehicle that is subject to an order of criminal forfeiture under	1487
this division.	1488

(vi) In all cases, participation in an alcohol and drug	1489
addiction program authorized by section 3793.02 of the Revised	1490
Code, subject to division (I) of this section.	1491

(2) An offender who is convicted of or pleads guilty to a	1492
violation of division (A) of this section and who subsequently	1493
seeks reinstatement of the driver's or occupational driver's	1494
license or permit or nonresident operating privilege suspended	1495
under this section as a result of the conviction or guilty plea	1496
shall pay a reinstatement fee as provided in division (F)(2) of	1497
section 4511.191 of the Revised Code.	1498

(3) If an offender is sentenced to a jail term under division	1499
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and	1500
if, within sixty days of sentencing of the offender, the court	1501
issues a written finding on the record that, due to the	1502
unavailability of space at the jail where the offender is required	1503
to serve the term, the offender will not be able to begin serving	1504
that term within the sixty-day period following the date of	1505
sentencing, the court may impose an alternative sentence under	1506
this division that includes a term of house arrest with electronic	1507
monitoring, with continuous alcohol monitoring, or with both	1508
electronic monitoring and continuous alcohol monitoring.	1509

As an alternative to a mandatory jail term of ten consecutive	1510
days required by division (G)(1)(b)(i) of this section, the court,	1511
under this division, may sentence the offender to five consecutive	1512
days in jail and not less than eighteen consecutive days of house	1513
arrest with electronic monitoring, with continuous alcohol	1514
monitoring, or with both electronic monitoring and continuous	1515
alcohol monitoring. The cumulative total of the five consecutive	1516
days in jail and the period of house arrest with electronic	1517
monitoring, continuous alcohol monitoring, or both types of	1518
monitoring shall not exceed six months. The five consecutive days	1519
in jail do not have to be served prior to or consecutively to the	1520
period of house arrest.	1521

As an alternative to the mandatory jail term of twenty	1522
consecutive days required by division (G)(1)(b)(ii) of this	1523
section, the court, under this division, may sentence the offender	1524
to ten consecutive days in jail and not less than thirty-six	1525
consecutive days of house arrest with electronic monitoring, with	1526
continuous alcohol monitoring, or with both electronic monitoring	1527
and continuous alcohol monitoring. The cumulative total of the ten	1528
consecutive days in jail and the period of house arrest with	1529
electronic monitoring, continuous alcohol monitoring, or both	1530
types of monitoring shall not exceed six months. The ten	1531
consecutive days in jail do not have to be served prior to or	1532
consecutively to the period of house arrest.	1533

As an alternative to a mandatory jail term of thirty	1534
consecutive days required by division (G)(1)(c)(i) of this	1535
section, the court, under this division, may sentence the offender	1536
to fifteen consecutive days in jail and not less than fifty-five	1537
consecutive days of house arrest with electronic monitoring, with	1538
continuous alcohol monitoring, or with both electronic monitoring	1539
and continuous alcohol monitoring. The cumulative total of the	1540
fifteen consecutive days in jail and the period of house arrest	1541
with electronic monitoring, continuous alcohol monitoring, or both	1542
types of monitoring shall not exceed one year. The fifteen	1543
consecutive days in jail do not have to be served prior to or	1544
consecutively to the period of house arrest.	1545

As an alternative to the mandatory jail term of sixty	1546
consecutive days required by division (G)(1)(c)(ii) of this	1547
section, the court, under this division, may sentence the offender	1548
to thirty consecutive days in jail and not less than one hundred	1549
ten consecutive days of house arrest with electronic monitoring,	1550
with continuous alcohol monitoring, or with both electronic	1551
monitoring and continuous alcohol monitoring. The cumulative total	1552
of the thirty consecutive days in jail and the period of house	1553
arrest with electronic monitoring, continuous alcohol monitoring,	1554
or both types of monitoring shall not exceed one year. The thirty	1555
consecutive days in jail do not have to be served prior to or	1556
consecutively to the period of house arrest.	1557

(4) If an offender's driver's or occupational driver's	1558
license or permit or nonresident operating privilege is suspended	1559
under division (G) of this section and if section 4510.13 of the	1560
Revised Code permits the court to grant limited driving	1561
privileges, the court may grant the limited driving privileges in	1562
accordance with that section. If division (A)(7) of that section	1563
requires that the court impose as a condition of the privileges	1564
that the offender must display on the vehicle that is driven	1565
subject to the privileges restricted license plates that are	1566
issued under section 4503.231 of the Revised Code, except as	1567
provided in division (B) of that section, the court shall impose	1568
that condition as one of the conditions of the limited driving	1569
privileges granted to the offender, except as provided in division	1570
(B) of section 4503.231 of the Revised Code.	1571

(5) Fines imposed under this section for a violation of	1572
division (A) of this section shall be distributed as follows:	1573

(a) Twenty-five dollars of the fine imposed under division	1574
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	1575
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	1576
fine imposed under division (G)(1)(c)(iii), and two hundred ten	1577
dollars of the fine imposed under division (G)(1)(d)(iii) or	1578
(e)(iii) of this section shall be paid to an enforcement and	1579
education fund established by the legislative authority of the law	1580
enforcement agency in this state that primarily was responsible	1581
for the arrest of the offender, as determined by the court that	1582
imposes the fine. The agency shall use this share to pay only	1583
those costs it incurs in enforcing this section or a municipal OVI	1584
ordinance and in informing the public of the laws governing the	1585
operation of a vehicle while under the influence of alcohol, the	1586
dangers of the operation of a vehicle under the influence of	1587
alcohol, and other information relating to the operation of a	1588
vehicle under the influence of alcohol and the consumption of	1589
alcoholic beverages.	1590

(b) Fifty dollars of the fine imposed under division	1591
(G)(1)(a)(iii) of this section shall be paid to the political	1592
subdivision that pays the cost of housing the offender during the	1593
offender's term of incarceration. If the offender is being	1594
sentenced for a violation of division (A)(1)(a), (b), (c), (d),	1595
(e), or (j) of this section and was confined as a result of the	1596
offense prior to being sentenced for the offense but is not	1597
sentenced to a term of incarceration, the fifty dollars shall be	1598
paid to the political subdivision that paid the cost of housing	1599
the offender during that period of confinement. The political	1600
subdivision shall use the share under this division to pay or	1601
reimburse incarceration or treatment costs it incurs in housing or	1602
providing drug and alcohol treatment to persons who violate this	1603
section or a municipal OVI ordinance, costs of any immobilizing or	1604
disabling device used on the offender's vehicle, and costs of	1605
electronic house arrest equipment needed for persons who violate	1606
this section.	1607

(c) Twenty-five dollars of the fine imposed under division	1608
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	1609
division (G)(1)(b)(iii) of this section shall be deposited into	1610
the county or municipal indigent drivers' alcohol treatment fund	1611
under the control of that court, as created by the county or	1612
municipal corporation under division (N) of section 4511.191 of	1613
the Revised Code.	1614

(d) One hundred fifteen dollars of the fine imposed under	1615
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	1616
fine imposed under division (G)(1)(c)(iii), and four hundred forty	1617
dollars of the fine imposed under division (G)(1)(d)(iii) or	1618
(e)(iii) of this section shall be paid to the political	1619
subdivision that pays the cost of housing the offender during the	1620
offender's term of incarceration. The political subdivision shall	1621
use this share to pay or reimburse incarceration or treatment	1622
costs it incurs in housing or providing drug and alcohol treatment	1623
to persons who violate this section or a municipal OVI ordinance,	1624
costs for any immobilizing or disabling device used on the	1625
offender's vehicle, and costs of electronic house arrest equipment	1626
needed for persons who violate this section.	1627

(e) Seventy-five dollars of the fine imposed under division	1628
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine	1629
imposed under division (G)(1)(b)(iii), two hundred fifty dollars	1630
of the fine imposed under division (G)(1)(c)(iii), and five	1631
hundred dollars of the fine imposed under division (G)(1)(d)(iii)	1632
or (G)(1)(e)(iii) of this section shall be transmitted to the	1633
treasurer of state for deposit into the indigent defense support	1634
fund established under section 102.08 of the Revised Code.	1635

(f) The balance of the fine imposed under division	1636
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	1637
section shall be disbursed as otherwise provided by law.	1638

(6) If title to a motor vehicle that is subject to an order	1639
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	1640
this section is assigned or transferred and division (B)(2) or (3)	1641
of section 4503.234 of the Revised Code applies, in addition to or	1642
independent of any other penalty established by law, the court may	1643
fine the offender the value of the vehicle as determined by	1644
publications of the national auto dealers association. The	1645
proceeds of any fine so imposed shall be distributed in accordance	1646
with division (C)(2) of that section.	1647

(7) As used in division (G) of this section, "electronic	1648
monitoring," "mandatory prison term," and "mandatory term of local	1649
incarceration" have the same meanings as in section 2929.01 of the	1650
Revised Code.	1651

(H) Whoever violates division (B) of this section is guilty	1652
of operating a vehicle after underage alcohol consumption and	1653
shall be punished as follows:	1654

(1) Except as otherwise provided in division (H)(2) of this	1655
section, the offender is guilty of a misdemeanor of the fourth	1656
degree. In addition to any other sanction imposed for the offense,	1657
the court shall impose a class six suspension of the offender's	1658
driver's license, commercial driver's license, temporary	1659
instruction permit, probationary license, or nonresident operating	1660
privilege from the range specified in division (A)(6) of section	1661
4510.02 of the Revised Code.	1662

(2) If, within one year of the offense, the offender	1663
previously has been convicted of or pleaded guilty to one or more	1664
violations of division (A) or (B) of this section or other	1665
equivalent offenses, the offender is guilty of a misdemeanor of	1666
the third degree. In addition to any other sanction imposed for	1667
the offense, the court shall impose a class four suspension of the	1668
offender's driver's license, commercial driver's license,	1669
temporary instruction permit, probationary license, or nonresident	1670
operating privilege from the range specified in division (A)(4) of	1671
section 4510.02 of the Revised Code.	1672

(3) If the offender also is convicted of or also pleads	1673
guilty to a specification of the type described in section	1674
2941.1416 of the Revised Code and if the court imposes a jail term	1675
for the violation of division (B) of this section, the court shall	1676
impose upon the offender an additional definite jail term pursuant	1677
to division (E) of section 2929.24 of the Revised Code.	1678

(I)(1) No court shall sentence an offender to an alcohol	1679
treatment program under this section unless the treatment program	1680
complies with the minimum standards for alcohol treatment programs	1681
adopted under Chapter 3793. of the Revised Code by the director of	1682
alcohol and drug addiction services.	1683

(2) An offender who stays in a drivers' intervention program	1684
or in an alcohol treatment program under an order issued under	1685
this section shall pay the cost of the stay in the program.	1686
However, if the court determines that an offender who stays in an	1687
alcohol treatment program under an order issued under this section	1688
is unable to pay the cost of the stay in the program, the court	1689
may order that the cost be paid from the court's indigent drivers'	1690
alcohol treatment fund.	1691

(J) If a person whose driver's or commercial driver's license	1692
or permit or nonresident operating privilege is suspended under	1693
this section files an appeal regarding any aspect of the person's	1694
trial or sentence, the appeal itself does not stay the operation	1695
of the suspension.	1696

(K) Division (A)(1)(j) of this section does not apply to a	1697
person who operates a vehicle, streetcar, or trackless trolley	1698
while the person has a concentration of a listed controlled	1699
substance or a listed metabolite of a controlled substance in the	1700
person's whole blood, blood serum or plasma, or urine that equals	1701
or exceeds the amount specified in that division, if both of the	1702
following apply:	1703

(1) The person obtained the controlled substance pursuant to	1704
a prescription issued by a licensed health professional authorized	1705
to prescribe drugs.	1706

(2) The person injected, ingested, or inhaled the controlled	1707
substance in accordance with the health professional's directions.	1708

(L) The prohibited concentrations of a controlled substance	1709
or a metabolite of a controlled substance listed in division	1710
(A)(1)(j) of this section also apply in a prosecution of a	1711
violation of division (D) of section 2923.16 of the Revised Code	1712
in the same manner as if the offender is being prosecuted for a	1713
prohibited concentration of alcohol.	1714

(M) All terms defined in section 4510.01 of the Revised Code	1715
apply to this section. If the meaning of a term defined in section	1716
4510.01 of the Revised Code conflicts with the meaning of the same	1717
term as defined in section 4501.01 or 4511.01 of the Revised Code,	1718
the term as defined in section 4510.01 of the Revised Code applies	1719
to this section.	1720

(N)(1) The Ohio Traffic Rules in effect on January 1, 2004,	1721
as adopted by the supreme court under authority of section 2937.46	1722
of the Revised Code, do not apply to felony violations of this	1723
section. Subject to division (N)(2) of this section, the Rules of	1724
Criminal Procedure apply to felony violations of this section.	1725

(2) If, on or after January 1, 2004, the supreme court	1726
modifies the Ohio Traffic Rules to provide procedures to govern	1727
felony violations of this section, the modified rules shall apply	1728
to felony violations of this section.	1729

Sec. 4511.191.  (A)(1) "Physical control" has the same	1730
meaning as in section 4511.194 of the Revised Code.	1731

(2) Any person who operates a vehicle, streetcar, or	1732
trackless trolley upon a highway or any public or private property	1733
used by the public for vehicular travel or parking within this	1734
state or who is in physical control of a vehicle, streetcar, or	1735
trackless trolley shall be deemed to have given consent to a	1736
chemical test or tests of the person's whole blood, blood serum or	1737
plasma, breath, or urine to determine the alcohol, drug of abuse,	1738
controlled substance, metabolite of a controlled substance, or	1739
combination content of the person's whole blood, blood serum or	1740
plasma, breath, or urine if arrested for a violation of division	1741
(A) or (B) of section 4511.19 of the Revised Code, section	1742
4511.194 of the Revised Code or a substantially equivalent	1743
municipal ordinance, or a municipal OVI ordinance.	1744

(3) The chemical test or tests under division (A)(2) of this	1745
section shall be administered at the request of a law enforcement	1746
officer having reasonable grounds to believe the person was	1747
operating or in physical control of a vehicle, streetcar, or	1748
trackless trolley in violation of a division, section, or	1749
ordinance identified in division (A)(2) of this section. The law	1750
enforcement agency by which the officer is employed shall	1751
designate which of the tests shall be administered.	1752

(4) Any person who is dead or unconscious, or who otherwise	1753
is in a condition rendering the person incapable of refusal, shall	1754
be deemed to have consented as provided in division (A)(2) of this	1755
section, and the test or tests may be administered, subject to	1756
sections 313.12 to 313.16 of the Revised Code.	1757

(B)(1) Upon receipt of the sworn report of a law enforcement	1758
officer who arrested a person for a violation of division (A) or	1759
(B) of section 4511.19 of the Revised Code, section 4511.194 of	1760
the Revised Code or a substantially equivalent municipal	1761
ordinance, or a municipal OVI ordinance that was completed and	1762
sent to the registrar and a court pursuant to section 4511.192 of	1763
the Revised Code in regard to a person who refused to take the	1764
designated chemical test, the registrar shall enter into the	1765
registrar's records the fact that the person's driver's or	1766
commercial driver's license or permit or nonresident operating	1767
privilege was suspended by the arresting officer under this	1768
division and that section and the period of the suspension, as	1769
determined under this section. The suspension shall be subject to	1770
appeal as provided in section 4511.197 of the Revised Code. The	1771
suspension shall be for whichever of the following periods	1772
applies:	1773

(a) Except when division (B)(1)(b), (c), or (d) of this	1774
section applies and specifies a different class or length of	1775
suspension, the suspension shall be a class C suspension for the	1776
period of time specified in division (B)(3) of section 4510.02 of	1777
the Revised Code.	1778

(b) If the arrested person, within six years of the date on	1779
which the person refused the request to consent to the chemical	1780
test, had refused one previous request to consent to a chemical	1781
test, the suspension shall be a class B suspension imposed for the	1782
period of time specified in division (B)(2) of section 4510.02 of	1783
the Revised Code.	1784

(c) If the arrested person, within six years of the date on	1785
which the person refused the request to consent to the chemical	1786
test, had refused two previous requests to consent to a chemical	1787
test, the suspension shall be a class A suspension imposed for the	1788
period of time specified in division (B)(1) of section 4510.02 of	1789
the Revised Code.	1790

(d) If the arrested person, within six years of the date on	1791
which the person refused the request to consent to the chemical	1792
test, had refused three or more previous requests to consent to a	1793
chemical test, the suspension shall be for five years.	1794

(2) The registrar shall terminate a suspension of the	1795
driver's or commercial driver's license or permit of a resident or	1796
of the operating privilege of a nonresident, or a denial of a	1797
driver's or commercial driver's license or permit, imposed	1798
pursuant to division (B)(1) of this section upon receipt of notice	1799
that the person has entered a plea of guilty to, or that the	1800
person has been convicted after entering a plea of no contest to,	1801
operating a vehicle in violation of section 4511.19 of the Revised	1802
Code or in violation of a municipal OVI ordinance, if the offense	1803
for which the conviction is had or the plea is entered arose from	1804
the same incident that led to the suspension or denial.	1805

The registrar shall credit against any judicial suspension of	1806
a person's driver's or commercial driver's license or permit or	1807
nonresident operating privilege imposed pursuant to section	1808
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	1809
Revised Code for a violation of a municipal OVI ordinance, any	1810
time during which the person serves a related suspension imposed	1811
pursuant to division (B)(1) of this section.	1812

(C)(1) Upon receipt of the sworn report of the law	1813
enforcement officer who arrested a person for a violation of	1814
division (A) or (B) of section 4511.19 of the Revised Code or a	1815
municipal OVI ordinance that was completed and sent to the	1816
registrar and a court pursuant to section 4511.192 of the Revised	1817
Code in regard to a person whose test results indicate that the	1818
person's whole blood, blood serum or plasma, breath, or urine	1819
contained at least the concentration of alcohol specified in	1820
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	1821
Revised Code or at least the concentration of a listed controlled	1822
substance or a listed metabolite of a controlled substance	1823
specified in division (A)(1)(j) of section 4511.19 of the Revised	1824
Code, the registrar shall enter into the registrar's records the	1825
fact that the person's driver's or commercial driver's license or	1826
permit or nonresident operating privilege was suspended by the	1827
arresting officer under this division and section 4511.192 of the	1828
Revised Code and the period of the suspension, as determined under	1829
divisions (F)(1) to (4) of this section. The suspension shall be	1830
subject to appeal as provided in section 4511.197 of the Revised	1831
Code. The suspension described in this division does not apply to,	1832
and shall not be imposed upon, a person arrested for a violation	1833
of section 4511.194 of the Revised Code or a substantially	1834
equivalent municipal ordinance who submits to a designated	1835
chemical test. The suspension shall be for whichever of the	1836
following periods applies:	1837

(a) Except when division (C)(1)(b), (c), or (d) of this	1838
section applies and specifies a different period, the suspension	1839
shall be a class E suspension imposed for the period of time	1840
specified in division (B)(5) of section 4510.02 of the Revised	1841
Code.	1842

(b) The suspension shall be a class C suspension for the	1843
period of time specified in division (B)(3) of section 4510.02 of	1844
the Revised Code if the person has been convicted of or pleaded	1845
guilty to, within six years of the date the test was conducted,	1846
one violation of division (A) or (B) of section 4511.19 of the	1847
Revised Code or one other equivalent offense.	1848

(c) If, within six years of the date the test was conducted,	1849
the person has been convicted of or pleaded guilty to two	1850
violations of a statute or ordinance described in division	1851
(C)(1)(b) of this section, the suspension shall be a class B	1852
suspension imposed for the period of time specified in division	1853
(B)(2) of section 4510.02 of the Revised Code.	1854

(d) If, within six years of the date the test was conducted,	1855
the person has been convicted of or pleaded guilty to more than	1856
two violations of a statute or ordinance described in division	1857
(C)(1)(b) of this section, the suspension shall be a class A	1858
suspension imposed for the period of time specified in division	1859
(B)(1) of section 4510.02 of the Revised Code.	1860

(2) The registrar shall terminate a suspension of the	1861
driver's or commercial driver's license or permit of a resident or	1862
of the operating privilege of a nonresident, or a denial of a	1863
driver's or commercial driver's license or permit, imposed	1864
pursuant to division (C)(1) of this section upon receipt of notice	1865
that the person has entered a plea of guilty to, or that the	1866
person has been convicted after entering a plea of no contest to,	1867
operating a vehicle in violation of section 4511.19 of the Revised	1868
Code or in violation of a municipal OVI ordinance, if the offense	1869
for which the conviction is had or the plea is entered arose from	1870
the same incident that led to the suspension or denial.	1871

The registrar shall credit against any judicial suspension of	1872
a person's driver's or commercial driver's license or permit or	1873
nonresident operating privilege imposed pursuant to section	1874
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	1875
Revised Code for a violation of a municipal OVI ordinance, any	1876
time during which the person serves a related suspension imposed	1877
pursuant to division (C)(1) of this section.	1878

(D)(1) A suspension of a person's driver's or commercial	1879
driver's license or permit or nonresident operating privilege	1880
under this section for the time described in division (B) or (C)	1881
of this section is effective immediately from the time at which	1882
the arresting officer serves the notice of suspension upon the	1883
arrested person. Any subsequent finding that the person is not	1884
guilty of the charge that resulted in the person being requested	1885
to take the chemical test or tests under division (A) of this	1886
section does not affect the suspension.	1887

(2) If a person is arrested for operating a vehicle,	1888
streetcar, or trackless trolley in violation of division (A) or	1889
(B) of section 4511.19 of the Revised Code or a municipal OVI	1890
ordinance, or for being in physical control of a vehicle,	1891
streetcar, or trackless trolley in violation of section 4511.194	1892
of the Revised Code or a substantially equivalent municipal	1893
ordinance, regardless of whether the person's driver's or	1894
commercial driver's license or permit or nonresident operating	1895
privilege is or is not suspended under division (B) or (C) of this	1896
section or Chapter 4510. of the Revised Code, the person's initial	1897
appearance on the charge resulting from the arrest shall be held	1898
within five days of the person's arrest or the issuance of the	1899
citation to the person, subject to any continuance granted by the	1900
court pursuant to section 4511.197 of the Revised Code regarding	1901
the issues specified in that division.	1902

(E) When it finally has been determined under the procedures	1903
of this section and sections 4511.192 to 4511.197 of the Revised	1904
Code that a nonresident's privilege to operate a vehicle within	1905
this state has been suspended, the registrar shall give	1906
information in writing of the action taken to the motor vehicle	1907
administrator of the state of the person's residence and of any	1908
state in which the person has a license.	1909

(F) At the end of a suspension period under this section,	1910
under section 4511.194, section 4511.196, or division (G) of	1911
section 4511.19 of the Revised Code, or under section 4510.07 of	1912
the Revised Code for a violation of a municipal OVI ordinance and	1913
upon the request of the person whose driver's or commercial	1914
driver's license or permit was suspended and who is not otherwise	1915
subject to suspension, cancellation, or disqualification, the	1916
registrar shall return the driver's or commercial driver's license	1917
or permit to the person upon the occurrence of all of the	1918
conditions specified in divisions (F)(1) and (2) of this section:	1919

(1) A showing that the person has proof of financial	1920
responsibility, a policy of liability insurance in effect that	1921
meets the minimum standards set forth in section 4509.51 of the	1922
Revised Code, or proof, to the satisfaction of the registrar, that	1923
the person is able to respond in damages in an amount at least	1924
equal to the minimum amounts specified in section 4509.51 of the	1925
Revised Code.	1926

(2) Subject to the limitation contained in division (F)(3) of	1927
this section, payment by the person to the bureau of motor	1928
vehicles of a license reinstatement fee of four hundred	1929
twenty-five dollars, which fee shall be deposited in the state	1930
treasury and credited as follows:	1931

(a) One hundred twelveten dollars and fifty cents shall be	1932
credited to the statewide treatment and prevention fund created by	1933
section 4301.30 of the Revised Code. The fund shall be used to	1934
pay the costs of driver treatment and intervention programs	1935
operated pursuant to sections 3793.02 and 3793.10 of the Revised	1936
Code. The director of alcohol and drug addiction services shall	1937
determine the share of the fund that is to be allocated to alcohol	1938
and drug addiction programs authorized by section 3793.02 of the	1939
Revised Code, and the share of the fund that is to be allocated to	1940
drivers' intervention programs authorized by section 3793.10 of	1941
the Revised Code.	1942

(b) Seventy-fiveSeventy dollars shall be credited to the	1943
reparations fund created by section 2743.191 of the Revised Code.	1944

(c) Thirty-sevenThirty-five dollars and fifty cents shall be	1945
credited to the indigent drivers alcohol treatment fund, which is	1946
hereby established. Except as otherwise provided in division	1947
(F)(2)(c) of this section, moneys in the fund shall be distributed	1948
by the department of alcohol and drug addiction services to the	1949
county indigent drivers alcohol treatment funds, the county	1950
juvenile indigent drivers alcohol treatment funds, and the	1951
municipal indigent drivers alcohol treatment funds that are	1952
required to be established by counties and municipal corporations	1953
pursuant to this section, and shall be used only to pay the cost	1954
of an alcohol and drug addiction treatment program attended by an	1955
offender or juvenile traffic offender who is ordered to attend an	1956
alcohol and drug addiction treatment program by a county,	1957
juvenile, or municipal court judge and who is determined by the	1958
county, juvenile, or municipal court judge not to have the means	1959
to pay for the person's attendance at the program or to pay the	1960
costs specified in division (H)(4) of this section in accordance	1961
with that division. In addition, a county, juvenile, or municipal	1962
court judge may use moneys in the county indigent drivers alcohol	1963
treatment fund, county juvenile indigent drivers alcohol treatment	1964
fund, or municipal indigent drivers alcohol treatment fund to pay	1965
for the cost of the continued use of an electronic continuous	1966
alcohol monitoring device as described in divisions (H)(3) and (4)	1967
of this section. Moneys in the fund that are not distributed to a	1968
county indigent drivers alcohol treatment fund, a county juvenile	1969
indigent drivers alcohol treatment fund, or a municipal indigent	1970
drivers alcohol treatment fund under division (H) of this section	1971
because the director of alcohol and drug addiction services does	1972
not have the information necessary to identify the county or	1973
municipal corporation where the offender or juvenile offender was	1974
arrested may be transferred by the director of budget and	1975
management to the statewide treatment and prevention fund created	1976
by section 4301.30 of the Revised Code, upon certification of the	1977
amount by the director of alcohol and drug addiction services.	1978

(d) Seventy-fiveSeventy dollars shall be credited to the	1979
Ohio rehabilitation services commission established by section	1980
3304.12 of the Revised Code, to the services for rehabilitation	1981
fund, which is hereby established. The fund shall be used to match	1982
available federal matching funds where appropriate, and for any	1983
other purpose or program of the commission to rehabilitate people	1984
with disabilities to help them become employed and independent.	1985

(e) Seventy-fiveSeventy dollars shall be deposited into the	1986
state treasury and credited to the drug abuse resistance education	1987
programs fund, which is hereby established, to be used by the	1988
attorney general for the purposes specified in division (F)(4) of	1989
this section.	1990

(f) Thirty dollars shall be credited to the state bureau of	1991
motor vehicles fund created by section 4501.25 of the Revised	1992
Code.	1993

(g) Twenty dollars shall be credited to the trauma and	1994
emergency medical services grants fund created by section 4513.263	1995
of the Revised Code.	1996

(h) Twenty dollars shall be credited to the indigent defense	1997
support fund created by section 120.08 of the Revised Code.	1998

(3) If a person's driver's or commercial driver's license or	1999
permit is suspended under this section, under section 4511.196 or	2000
division (G) of section 4511.19 of the Revised Code, under section	2001
4510.07 of the Revised Code for a violation of a municipal OVI	2002
ordinance or under any combination of the suspensions described in	2003
division (F)(3) of this section, and if the suspensions arise from	2004
a single incident or a single set of facts and circumstances, the	2005
person is liable for payment of, and shall be required to pay to	2006
the bureau, only one reinstatement fee of four hundred twenty-five	2007
dollars. The reinstatement fee shall be distributed by the bureau	2008
in accordance with division (F)(2) of this section.	2009

(4) The attorney general shall use amounts in the drug abuse	2010
resistance education programs fund to award grants to law	2011
enforcement agencies to establish and implement drug abuse	2012
resistance education programs in public schools. Grants awarded to	2013
a law enforcement agency under this section shall be used by the	2014
agency to pay for not more than fifty per cent of the amount of	2015
the salaries of law enforcement officers who conduct drug abuse	2016
resistance education programs in public schools. The attorney	2017
general shall not use more than six per cent of the amounts the	2018
attorney general's office receives under division (F)(2)(e) of	2019
this section to pay the costs it incurs in administering the grant	2020
program established by division (F)(2)(e) of this section and in	2021
providing training and materials relating to drug abuse resistance	2022
education programs.	2023

The attorney general shall report to the governor and the	2024
general assembly each fiscal year on the progress made in	2025
establishing and implementing drug abuse resistance education	2026
programs. These reports shall include an evaluation of the	2027
effectiveness of these programs.	2028

(G) Suspension of a commercial driver's license under	2029
division (B) or (C) of this section shall be concurrent with any	2030
period of disqualification under section 3123.611 or 4506.16 of	2031
the Revised Code or any period of suspension under section 3123.58	2032
of the Revised Code. No person who is disqualified for life from	2033
holding a commercial driver's license under section 4506.16 of the	2034
Revised Code shall be issued a driver's license under Chapter	2035
4507. of the Revised Code during the period for which the	2036
commercial driver's license was suspended under division (B) or	2037
(C) of this section. No person whose commercial driver's license	2038
is suspended under division (B) or (C) of this section shall be	2039
issued a driver's license under Chapter 4507. of the Revised Code	2040
during the period of the suspension.	2041

(H)(1) Each county shall establish an indigent drivers	2042
alcohol treatment fund, each county shall establish a juvenile	2043
indigent drivers alcohol treatment fund, and each municipal	2044
corporation in which there is a municipal court shall establish an	2045
indigent drivers alcohol treatment fund. All revenue that the	2046
general assembly appropriates to the indigent drivers alcohol	2047
treatment fund for transfer to a county indigent drivers alcohol	2048
treatment fund, a county juvenile indigent drivers alcohol	2049
treatment fund, or a municipal indigent drivers alcohol treatment	2050
fund, all portions of fees that are paid under division (F) of	2051
this section and that are credited under that division to the	2052
indigent drivers alcohol treatment fund in the state treasury for	2053
a county indigent drivers alcohol treatment fund, a county	2054
juvenile indigent drivers alcohol treatment fund, or a municipal	2055
indigent drivers alcohol treatment fund, and all portions of fines	2056
that are specified for deposit into a county or municipal indigent	2057
drivers alcohol treatment fund by section 4511.193 of the Revised	2058
Code shall be deposited into that county indigent drivers alcohol	2059
treatment fund, county juvenile indigent drivers alcohol treatment	2060
fund, or municipal indigent drivers alcohol treatment fund in	2061
accordance with division (H)(2) of this section. Additionally, all	2062
portions of fines that are paid for a violation of section 4511.19	2063
of the Revised Code or of any prohibition contained in Chapter	2064
4510. of the Revised Code, and that are required under section	2065
4511.19 or any provision of Chapter 4510. of the Revised Code to	2066
be deposited into a county indigent drivers alcohol treatment fund	2067
or municipal indigent drivers alcohol treatment fund shall be	2068
deposited into the appropriate fund in accordance with the	2069
applicable division.	2070

(2) That portion of the license reinstatement fee that is	2071
paid under division (F) of this section and that is credited under	2072
that division to the indigent drivers alcohol treatment fund shall	2073
be deposited into a county indigent drivers alcohol treatment	2074
fund, a county juvenile indigent drivers alcohol treatment fund,	2075
or a municipal indigent drivers alcohol treatment fund as follows:	2076

(a) If the suspension in question was imposed under this	2077
section, that portion of the fee shall be deposited as follows:	2078

(i) If the fee is paid by a person who was charged in a	2079
county court with the violation that resulted in the suspension,	2080
the portion shall be deposited into the county indigent drivers	2081
alcohol treatment fund under the control of that court;	2082

(ii) If the fee is paid by a person who was charged in a	2083
juvenile court with the violation that resulted in the suspension,	2084
the portion shall be deposited into the county juvenile indigent	2085
drivers alcohol treatment fund established in the county served by	2086
the court;	2087

(iii) If the fee is paid by a person who was charged in a	2088
municipal court with the violation that resulted in the	2089
suspension, the portion shall be deposited into the municipal	2090
indigent drivers alcohol treatment fund under the control of that	2091
court.	2092

(b) If the suspension in question was imposed under section	2093
4511.19 of the Revised Code or under section 4510.07 of the	2094
Revised Code for a violation of a municipal OVI ordinance, that	2095
portion of the fee shall be deposited as follows:	2096

(i) If the fee is paid by a person whose license or permit	2097
was suspended by a county court, the portion shall be deposited	2098
into the county indigent drivers alcohol treatment fund under the	2099
control of that court;	2100

(ii) If the fee is paid by a person whose license or permit	2101
was suspended by a municipal court, the portion shall be deposited	2102
into the municipal indigent drivers alcohol treatment fund under	2103
the control of that court.	2104

(3) Expenditures from a county indigent drivers alcohol	2105
treatment fund, a county juvenile indigent drivers alcohol	2106
treatment fund, or a municipal indigent drivers alcohol treatment	2107
fund shall be made only upon the order of a county, juvenile, or	2108
municipal court judge and only for payment of the cost of the	2109
attendance at an alcohol and drug addiction treatment program of a	2110
person who is convicted of, or found to be a juvenile traffic	2111
offender by reason of, a violation of division (A) of section	2112
4511.19 of the Revised Code or a substantially similar municipal	2113
ordinance, who is ordered by the court to attend the alcohol and	2114
drug addiction treatment program, and who is determined by the	2115
court to be unable to pay the cost of attendance at the treatment	2116
program or for payment of the costs specified in division (H)(4)	2117
of this section in accordance with that division. The alcohol and	2118
drug addiction services board or the board of alcohol, drug	2119
addiction, and mental health services established pursuant to	2120
section 340.02 or 340.021 of the Revised Code and serving the	2121
alcohol, drug addiction, and mental health service district in	2122
which the court is located shall administer the indigent drivers	2123
alcohol treatment program of the court. When a court orders an	2124
offender or juvenile traffic offender to attend an alcohol and	2125
drug addiction treatment program, the board shall determine which	2126
program is suitable to meet the needs of the offender or juvenile	2127
traffic offender, and when a suitable program is located and space	2128
is available at the program, the offender or juvenile traffic	2129
offender shall attend the program designated by the board. A	2130
reasonable amount not to exceed five per cent of the amounts	2131
credited to and deposited into the county indigent drivers alcohol	2132
treatment fund, the county juvenile indigent drivers alcohol	2133
treatment fund, or the municipal indigent drivers alcohol	2134
treatment fund serving every court whose program is administered	2135
by that board shall be paid to the board to cover the costs it	2136
incurs in administering those indigent drivers alcohol treatment	2137
programs.	2138

In addition, a county, juvenile, or municipal court judge may	2139
use moneys in the county indigent drivers alcohol treatment fund,	2140
county juvenile indigent drivers alcohol treatment fund, or	2141
municipal indigent drivers alcohol treatment fund to pay for the	2142
continued use of an electronic continuous alcohol monitoring	2143
device by an offender or juvenile traffic offender, in conjunction	2144
with a treatment program approved by the department of alcohol and	2145
drug addiction services, when such use is determined clinically	2146
necessary by the treatment program and when the court determines	2147
that the offender or juvenile traffic offender is unable to pay	2148
all or part of the daily monitoring of the device.	2149

(4) If aA county, juvenile, or municipal court determines,	2150
in consultation with the alcohol and drug addiction services board	2151
or the board of alcohol, drug addiction, and mental health	2152
services established pursuant to section 340.02 or 340.021 of the	2153
Revised Code and serving the alcohol, drug addiction, and mental	2154
health district in which the court is located, thatshall transmit	2155
to the treasurer of state on or before the twentieth day of	2156
January each year, eighty per cent of the unencumbered balance of	2157
the funds in the county indigent drivers alcohol treatment fund,	2158
the county juvenile indigent drivers alcohol treatment fund, or	2159
the municipal indigent drivers alcohol treatment fund under the	2160
control of the court are more than sufficient to satisfy the	2161
purpose for which the fund was established, as specified in	2162
divisions (H)(1) to (3) of this section, the court may declare a	2163
surplus in the fund. If the court declares a surplus in the fund,	2164
the court may expend the amount of the surplus in the fund for:	2165

(a) Alcohol and drug abuse assessment and treatment of	2166
persons who are charged in the court with committing a criminal	2167
offense or with being a delinquent child or juvenile traffic	2168
offender and in relation to whom both of the following apply:	2169

(i) The court determines that substance abuse was a	2170
contributing factor leading to the criminal or delinquent activity	2171
or the juvenile traffic offense with which the person is charged.	2172

(ii) The court determines that the person is unable to pay	2173
the cost of the alcohol and drug abuse assessment and treatment	2174
for which the surplus money will be used.	2175

(b) All or part of the cost of purchasing electronic	2176
continuous alcohol monitoring devices to be used in conjunction	2177
with division (H)(3) of this sectionas of the thirty-first of	2178
December the preceding year. The treasurer of state shall deposit	2179
these funds to the credit of the indigent defense support fund	2180
established under section 120.08 of the Revised Code.	2181

Section 2. That existing sections 2949.091, 2949.111,	2182
4503.13, 4507.45, 4509.101, 4510.22, 4511.19, and 4511.191 of the	2183
Revised Code are hereby repealed.	2184

Section 3.  Section 4503.13 of the Revised Code is presented	2185
in this act as a composite of the section as amended by Am. Sub.	2186
H.B. 490 of the 124th General Assembly and Am. Sub. H.B. 230 of	2187
the 125th General Assembly. The General Assembly, applying the	2188
principle stated in division (B) of section 1.52 of the Revised	2189
Code that amendments are to be harmonized if reasonably capable	2190
of simultaneous operation, finds that the composite is the	2191
resulting version of the section in effect prior to the effective	2192
date of the section as presented in this act.	2193