S. B. No. 17 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 17

Senator Grendell

Cosponsors: Senators Harris, Gardner, Schuring, Schaffer

A BILL

To amend sections 4503.234, 4507.164, 4510.13, 1
4511.19, 4511.193, and 4511.203 and to enact 2
section 4511.198 of the Revised Code to increase 3
certain penalties for repeat OVI offenders and to 4
remove from the motor vehicle wrongful entrustment 5
statute the requirement that the offender know or 6
have reasonable cause to believe that the person 7
to whom the offender provides a motor vehicle does 8
not have a valid driver's license in order for a 9
violation of that statute to occur. 10

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

       Section 1. That sections 4503.234, 4507.164, 4510.13, 11
4511.19, 4511.193, and 4511.203 be amended and section 4511.198 of 12
the Revised Code be enacted to read as follows: 13

       Sec. 4503.234. (A) If a court is required by section 14
4503.233, 4503.236, 4510.11, 4510.14, 4510.16, 4510.41, 4511.19, 15
4511.193, or 4511.203 of the Revised Code to order the criminal 16
forfeiture of a vehicle, the order shall be issued and enforced in 17
accordance with this division, subject to division (B) of this 18
section. An order of criminal forfeiture issued under this 19
division shall authorize an appropriate law enforcement agency to 20
seize the vehicle ordered criminally forfeited upon the terms and 21
conditions that the court determines proper. No vehicle ordered 22
criminally forfeited pursuant to this division shall be considered 23
contraband for purposes of section 2933.41, 2933.42, or 2933.43 of 24
the Revised Code, but the law enforcement agency that employs the 25
officer who seized it shall hold the vehicle for disposal in 26
accordance with this section. A forfeiture order may be issued 27
only after the offender has been provided with an opportunity to 28
be heard. The prosecuting attorney shall give the offender written 29
notice of the possibility of forfeiture by sending a copy of the 30
relevant uniform traffic ticket or other written notice to the 31
offender not less than seven days prior to the date of issuance of 32
the forfeiture order. A vehicle is subject to an order of criminal 33
forfeiture pursuant to this division upon the conviction of the 34
offender of or plea of guilty by the offender to a violation of 35
division (A) of section 4503.236, section 4510.11, 4510.14, 36
4510.16, or 4511.203, or division (A) of section 4511.19 of the 37
Revised Code, or a municipal ordinance that is substantially 38
equivalent to any of those sections or divisions. 39

       (B)(1) Prior to the issuance of an order of criminal 40
forfeiture pursuant to this section, the law enforcement agency 41
that employs the law enforcement officer who seized the vehicle 42
shall conduct or cause to be conducted a search of the appropriate 43
public records that relate to the vehicle and shall make or cause 44
to be made reasonably diligent inquiries to identify any 45
lienholder or any person or entity with an ownership interest in 46
the vehicle. The court that is to issue the forfeiture order also 47
shall cause a notice of the potential order relative to the 48
vehicle and of the expected manner of disposition of the vehicle 49
after its forfeiture to be sent to any lienholder or person who is 50
known to the court to have any right, title, or interest in the 51
vehicle. The court shall give the notice by certified mail, return 52
receipt requested, or by personal service. 53

       (2) No order of criminal forfeiture shall be issued pursuant 54
to this section if a lienholder or other person with an ownership 55
interest in the vehicle establishes to the court, by a 56
preponderance of the evidence after filing a motion with the 57
court, that the lienholder or other person neither knew nor should 58
have known after a reasonable inquiry that the vehicle would be 59
used or involved, or likely would be used or involved, in the 60
violation resulting in the issuance of the order of criminal 61
forfeiture or the violation of the order of immobilization issued 62
under section 4503.233 of the Revised Code, that the lienholder or 63
other person did not expressly or impliedly consent to the use or 64
involvement of the vehicle in that violation, and that the lien or 65
ownership interest was perfected pursuant to law prior to the 66
seizure of the vehicle under section 4503.236, 4510.41, 4511.195, 67
or 4511.203 of the Revised Code. If the lienholder or holder of 68
the ownership interest satisfies the court that these criteria 69
have been met, the court shall preserve the lienholder's or other 70
person's lien or interest, and the court either shall return the 71
vehicle to the holder, or shall order that the proceeds of any 72
sale held pursuant to division (C)(2) of this section be paid to 73
the lienholder or holder of the interest less the costs of 74
seizure, storage, and maintenance of the vehicle. The court shall 75
not return a vehicle to a lienholder or a holder of an ownership 76
interest unless the lienholder or holder submits an affidavit to 77
the court that states that the lienholder or holder will not 78
return the vehicle to the person from whom the vehicle was seized 79
pursuant to the order of criminal forfeiture or to any member of 80
that person's family and will not otherwise knowingly permit that 81
person or any member of that person's family to obtain possession 82
of the vehicle. 83

       (3) No order of criminal forfeiture shall be issued pursuant 84
to this section if a person with an interest in the vehicle 85
establishes to the court, by a preponderance of the evidence after 86
filing a motion with the court, that the person neither knew nor 87
should have known after a reasonable inquiry that the vehicle had 88
been used or was involved in the violation resulting in the 89
issuance of the order of criminal forfeiture or the violation of 90
the order of immobilization issued under section 4503.233 of the 91
Revised Code, that the person did not expressly or impliedly 92
consent to the use or involvement of the vehicle in that 93
violation, that the interest was perfected in good faith and for 94
value pursuant to law between the time of the arrest of the 95
offender and the final disposition of the criminal charge in 96
question, and that the vehicle was in the possession of the 97
interest holder at the time of the perfection of the interest. If 98
the court is satisfied that the interest holder has met these 99
criteria, the court shall preserve the interest holder's interest, 100
and the court either shall return the vehicle to the interest 101
holder or order that the proceeds of any sale held pursuant to 102
division (C) of this section be paid to the holder of the interest 103
less the costs of seizure, storage, and maintenance of the 104
vehicle. The court shall not return a vehicle to an interest 105
holder unless the holder submits an affidavit to the court stating 106
that the holder will not return the vehicle to the person from 107
whom the holder acquired the holder's interest, nor to any member 108
of that person's family, and the holder will not otherwise 109
knowingly permit that person or any member of that person's family 110
to obtain possession of the vehicle. 111

       (C) A vehicle ordered criminally forfeited to the state 112
pursuant to this section shall be disposed of as follows: 113

       (1) It shall be given to the law enforcement agency that 114
employs the law enforcement officer who seized the vehicle, if 115
that agency desires to have it; 116

       (2) If a vehicle is not disposed of pursuant to division 117
(C)(1) of this section, the vehicle shall be sold, without 118
appraisal, if the value of the vehicle is two thousand dollars or 119
more as determined by publications of the national auto dealer's 120
association, at a public auction to the highest bidder for cash. 121
Prior to the sale, the prosecuting attorney in the case shall 122
cause a notice of the proposed sale to be given in accordance with 123
law. The court shall cause notice of the sale of the vehicle to be 124
published in a newspaper of general circulation in the county in 125
which the court is located at least seven days prior to the date 126
of the sale. The proceeds of a sale under this division or 127
division (F) of this section shall be applied in the following 128
order: 129

       (a) First, they shall be applied to the payment of the costs 130
incurred in connection with the seizure, storage, and maintenance 131
of, and provision of security for, the vehicle, any proceeding 132
arising out of the forfeiture, and if any, the sale. 133

       (b) Second, the remaining proceeds after compliance with 134
division (C)(2)(a) of this section, shall be applied to the 135
payment of the value of any lien or ownership interest in the 136
vehicle preserved under division (B) of this section. 137

       (c) Third, the remaining proceeds, after compliance with 138
divisions (C)(2)(a) and (b) of this section, shall be applied to 139
the appropriate funds in accordance with divisions (D)(1)(c) and 140
(2) of section 2933.43 of the Revised Code, provided that the 141
total of the amount so deposited under this division shall not 142
exceed one thousand dollars. The remaining proceeds deposited 143
under this division shall be used only for the purposes authorized 144
by those divisions and division (D)(3)(a)(ii) of that section. 145

       (d) Fourth, the remaining proceeds after compliance with 146
divisions (C)(2)(a) and (b) of this section and after deposit of a 147
total amount of one thousand dollars under division (C)(2)(c) of 148
this section shall be applied so that fifty per cent of those 149
remaining proceeds is paid into the reparation fund established by 150
section 2743.191 of the Revised Code, twenty-five per cent is paid 151
into the drug abuse resistance education programs fund created by 152
division (F)(2)(e) of section 4511.191 of the Revised Code and 153
shall be used only for the purposes authorized by division 154
(F)(2)(e) of that section, and twenty-five per cent is applied to 155
the appropriate funds in accordance with division (D)(1)(c) of 156
section 2933.43 of the Revised Code. The proceeds deposited into 157
any fund described in section 2933.43 of the Revised Code shall be 158
used only for the purposes authorized by division (D)(1)(c), (2), 159
and (3)(a)(ii) of that section. 160

       (D) Except as provided in division ~~(E)~~(D) of section 4511.203 161
of the Revised Code and notwithstanding any other provision of 162
law, neither the registrar of motor vehicles nor any deputy 163
registrar shall accept an application for the registration of any 164
motor vehicle in the name of any person, or register any motor 165
vehicle in the name of any person, if both of the following apply: 166

       (1) Any vehicle registered in the person's name was 167
criminally forfeited under this section and section 4503.233, 168
4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 169
4511.19, 4511.193, or 4511.203 of the Revised Code; 170

       (2) Less than five years have expired since the issuance of 171
the most recent order of criminal forfeiture issued in relation to 172
a vehicle registered in the person's name. 173

       (E) If a court is required by section 4503.233, 4503.236, 174
4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19, 175
4511.193, or 4511.203 of the Revised Code to order the criminal 176
forfeiture to the state of a vehicle, and the title to the motor 177
vehicle is assigned or transferred, and division (B)(2) or (3) of 178
this section applies, in addition to or independent of any other 179
penalty established by law, the court may fine the offender the 180
value of the vehicle as determined by publications of the national 181
auto dealer's association. The proceeds from any fine imposed 182
under this division shall be distributed in accordance with 183
division (C)(2) of this section. 184

       (F) As used in this section and divisions (D)(1)(c), (D)(2), 185
and (D)(3)(a)(ii) of section 2933.43 of the Revised Code in 186
relation to proceeds of the sale of a vehicle under division (C) 187
of this section, "prosecuting attorney" includes the prosecuting 188
attorney, village solicitor, city director of law, or similar 189
chief legal officer of a municipal corporation who prosecutes the 190
case resulting in the conviction or guilty plea in question. 191

       (G) If the vehicle to be forfeited has an average retail 192
value of less than two thousand dollars as determined by 193
publications of the national auto dealer's association, no public 194
auction is required to be held. In such a case, the court may 195
direct that the vehicle be disposed of in any manner that it 196
considers appropriate, including assignment of the certificate of 197
title to the motor vehicle to a salvage dealer or a scrap metal 198
processing facility. The court shall not transfer the vehicle to 199
the person who is the vehicle's immediate previous owner. 200

       If the court assigns the motor vehicle to a salvage dealer or 201
scrap metal processing facility and the court is in possession of 202
the certificate of title to the motor vehicle, it shall send the 203
assigned certificate of title to the motor vehicle to the clerk of 204
the court of common pleas of the county in which the salvage 205
dealer or scrap metal processing facility is located. The court 206
shall mark the face of the certificate of title with the words 207
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate 208
of title to the salvage dealer or scrap metal processing facility 209
for its records. 210

       If the court is not in possession of the certificate of title 211
to the motor vehicle, the court shall issue an order transferring 212
ownership of the motor vehicle to a salvage dealer or scrap metal 213
processing facility, send the order to the clerk of the court of 214
common pleas of the county in which the salvage dealer or scrap 215
metal processing facility is located, and send a photocopy of the 216
order to the salvage dealer or scrap metal processing facility for 217
its records. The clerk shall make the proper notations or entries 218
in the clerk's records concerning the disposition of the motor 219
vehicle. 220

       Sec. 4507.164. (A) Except as provided in divisions (C) to 221
(E) of this section, when the license of any person is suspended 222
pursuant to any provision of the Revised Code other than division 223
(G) of section 4511.19 of the Revised Code and other than section 224
4510.07 of the Revised Code for a violation of a municipal OVI 225
ordinance, the trial judge may impound the identification license 226
plates of any motor vehicle registered in the name of the person. 227

       (B)(1) When the license of any person is suspended pursuant 228
to division (G)(1)(a) of section 4511.19 of the Revised Code, or 229
pursuant to section 4510.07 of the Revised Code for a municipal 230
OVI offense when the suspension is equivalent in length to the 231
suspension under division (G) of section 4511.19 of the Revised 232
Code that is specified in this division, the trial judge of the 233
court of record or the mayor of the mayor's court that suspended 234
the license may impound the identification license plates of any 235
motor vehicle registered in the name of the person. 236

       (2) When the license of any person is suspended pursuant to 237
division (G)(1)(b) of section 4511.19 of the Revised Code, or 238
pursuant to section 4510.07 of the Revised Code for a municipal 239
OVI offense when the suspension is equivalent in length to the 240
suspension under division (G) of section 4511.19 of the Revised 241
Code that is specified in this division, the trial judge of the 242
court of record that suspended the license shall order the 243
impoundment of the identification license plates of the motor 244
vehicle the offender was operating at the time of the offense and 245
the immobilization of that vehicle in accordance with section 246
4503.233 and division (G)(1)(b) of section 4511.19 or division 247
(B)(2)(a) of section 4511.193 of the Revised Code ~~and may impound~~. 248
In addition, the trial judge of the court of record that suspended 249
the license shall order the immobilization for one year of all the 250
motor vehicles that are owned by or are registered in the name of 251
the offender and the impoundment for one year of the 252
identification license plates of ~~any other motor vehicle~~ 253
~~registered in the name of the person whose license is suspended~~ 254
all such vehicles in accordance with section 4503.233 and division 255
(G)(1)(b) of section 4511.19 or division (B)(2)(a) of section 256
4511.193 of the Revised Code. 257

       (3) When the license of any person is suspended pursuant to 258
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised 259
Code, or pursuant to section 4510.07 of the Revised Code for a 260
municipal OVI offense when the suspension is equivalent in length 261
to the suspension under division (G) of section 4511.19 of the 262
Revised Code that is specified in this division, the trial judge 263
of the court of record that suspended the license shall order the 264
criminal forfeiture to the state of the motor vehicle the offender 265
was operating at the time of the offense in accordance with 266
section 4503.234 and division (G)(1)(c), (d), or (e) of section 267
4511.19 or division (B)(2)(b) of section 4511.193 of the Revised 268
Code ~~and may impound~~. In addition, the trial judge of the court of 269
record that suspended the license shall order the immobilization 270
for one year of all the motor vehicles that are owned by or are 271
registered in the name of the offender and the impoundment for one 272
year of the identification license plates of ~~any other motor~~ 273
~~vehicle registered in the name of the person whose license is~~ 274
~~suspended~~all such vehicles in accordance with section 4503.233 275
and division (G)(1)(c), (d), or (e) of section 4511.19 or division 276
(B)(2)(b) of section 4511.193 of the Revised Code except for any 277
motor vehicle that is required to be forfeited to the state in 278
accordance with section 4503.234 and division (G)(1)(c), (d), or 279
(e) of section 4511.19 or division (B)(2)(b) of section 4511.193 280
of the Revised Code. 281

       (C)(1) When a person is convicted of or pleads guilty to a 282
violation of section 4510.14 of the Revised Code or a 283
substantially equivalent municipal ordinance and division (B)(1) 284
or (2) of section 4510.14 or division (C)(1) or (2) of section 285
4510.161 of the Revised Code applies, the trial judge of the court 286
of record or the mayor of the mayor's court that imposes sentence 287
shall order the immobilization of the vehicle the person was 288
operating at the time of the offense and the impoundment of its 289
identification license plates in accordance with section 4503.233 290
and division (B)(1) or (2) of section 4510.14 or division (C)(1) 291
or (2) of section 4510.161 of the Revised Code and may impound the 292
identification license plates of any other vehicle registered in 293
the name of that person. 294

       (2) When a person is convicted of or pleads guilty to a 295
violation of section 4510.14 of the Revised Code or a 296
substantially equivalent municipal ordinance and division (B)(3) 297
of section 4510.14 or division (C)(3) of section 4510.161 of the 298
Revised Code applies, the trial judge of the court of record that 299
imposes sentence shall order the criminal forfeiture to the state 300
of the vehicle the person was operating at the time of the offense 301
in accordance with section 4503.234 and division (B)(3) of section 302
4510.14 or division (C)(3) of section 4510.161 of the Revised Code 303
and may impound the identification license plates of any other 304
vehicle registered in the name of that person. 305

       (D)~~(1)~~ When a person is convicted of or pleads guilty to a 306
violation of division (A) of section 4510.16 of the Revised Code 307
or a substantially equivalent municipal ordinance, division (B) of 308
section 4510.16 or division (B) of section 4510.161 of the Revised 309
Code applies in determining whether the immobilization of the 310
vehicle the person was operating at the time of the offense and 311
the impoundment of its identification license plates or the 312
criminal forfeiture to the state of the vehicle the person was 313
operating at the time of the offense is authorized or required. 314
The trial judge of the court of record or the mayor of the mayor's 315
court that imposes sentence may impound the identification license 316
plates of any other vehicle registered in the name of that person. 317

       (E)(1) When a person is convicted of or pleads guilty to a 318
violation of section 4511.203 of the Revised Code and the person 319
is sentenced pursuant to division (C)(1) or (2) of section 320
4511.203 of the Revised Code, the trial judge of the court of 321
record or the mayor of the mayor's court that imposes sentence 322
shall order the immobilization of the vehicle that was involved in 323
the commission of the offense and the impoundment of its 324
identification license plates in accordance with division (C)(1) 325
or (2) of section 4511.203 and section 4503.233 of the Revised 326
Code and may impound the identification license plates of any 327
other vehicle registered in the name of that person. 328

       (2) When a person is convicted of or pleads guilty to a 329
violation of section 4511.203 of the Revised Code and the person 330
is sentenced pursuant to division (C)(3) of section 4511.203 of 331
the Revised Code, the trial judge of the court of record or the 332
mayor of the mayor's court that imposes sentence shall order the 333
criminal forfeiture to the state of the vehicle that was involved 334
in the commission of the offense in accordance with division 335
(C)(3) of section 4511.203 and section 4503.234 of the Revised 336
Code and may impound the identification license plates of any 337
other vehicle registered in the name of that person. 338

       (F) Except as provided in section 4503.233 or 4503.234 of the 339
Revised Code, when the certificate of registration, the 340
identification license plates, or both have been impounded, 341
division (B) of section 4507.02 of the Revised Code is applicable. 342

       (G) As used in this section, "municipal OVI offense" has the 343
same meaning as in section 4511.181 of the Revised Code. 344

       Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this section 345
apply to a judge or mayor regarding the suspension of, or the 346
grant of limited driving privileges during a suspension of, an 347
offender's driver's or commercial driver's license or permit or 348
nonresident operating privilege imposed under division (G) or (H) 349
of section 4511.19 of the Revised Code, under division (B) or (C) 350
of section 4511.191 of the Revised Code, or under section 4510.07 351
of the Revised Code for a conviction of a violation of a municipal 352
OVI ordinance. 353

       (2) No judge or mayor shall suspend the following portions of 354
the suspension of an offender's driver's or commercial driver's 355
license or permit or nonresident operating privilege imposed under 356
division (G) or (H) of section 4511.19 of the Revised Code or 357
under section 4510.07 of the Revised Code for a conviction of a 358
violation of a municipal OVI ordinance, provided that division 359
(A)(2) of this section does not limit a court or mayor in 360
crediting any period of suspension imposed pursuant to division 361
(B) or (C) of section 4511.191 of the Revised Code against any 362
time of judicial suspension imposed pursuant to section 4511.19 or 363
4510.07 of the Revised Code, as described in divisions (B)(2) and 364
(C)(2) of section 4511.191 of the Revised Code: 365

       (a) The first six months of a suspension imposed under 366
division (G)(1)(a) of section 4511.19 of the Revised Code or of a 367
comparable length suspension imposed under section 4510.07 of the 368
Revised Code; 369

       (b) The first year of a suspension imposed under division 370
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a 371
comparable length suspension imposed under section 4510.07 of the 372
Revised Code; 373

       (c) The first three years of a suspension imposed under 374
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 375
or of a comparable length suspension imposed under section 4510.07 376
of the Revised Code; 377

       (d) The first sixty days of a suspension imposed under 378
division (H) of section 4511.19 of the Revised Code or of a 379
comparable length suspension imposed under section 4510.07 of the 380
Revised Code. 381

       (3) No judge or mayor shall grant limited driving privileges 382
to an offender whose driver's or commercial driver's license or 383
permit or nonresident operating privilege has been suspended under 384
division (G) or (H) of section 4511.19 of the Revised Code, under 385
division (C) of section 4511.191 of the Revised Code, or under 386
section 4510.07 of the Revised Code for a municipal OVI conviction 387
if the offender, within the preceding six years, has been 388
convicted of or pleaded guilty to three or more violations of one 389
or more of the Revised Code sections, municipal ordinances, 390
statutes of the United States or another state, or municipal 391
ordinances of a municipal corporation of another state that are 392
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the 393
Revised Code. 394

       Additionally, no judge or mayor shall grant limited driving 395
privileges to an offender whose driver's or commercial driver's 396
license or permit or nonresident operating privilege has been 397
suspended under division (B) of section 4511.191 of the Revised 398
Code if the offender, within the preceding six years, has refused 399
three previous requests to consent to a chemical test of the 400
person's whole blood, blood serum or plasma, breath, or urine to 401
determine its alcohol content. 402

       (4) No judge or mayor shall grant limited driving privileges 403
for employment as a driver of commercial motor vehicles to an 404
offender whose driver's or commercial driver's license or permit 405
or nonresident operating privilege has been suspended under 406
division (G) or (H) of section 4511.19 of the Revised Code, under 407
division (B) or (C) of section 4511.191 of the Revised Code, or 408
under section 4510.07 of the Revised Code for a municipal OVI 409
conviction if the offender is disqualified from operating a 410
commercial motor vehicle, or whose license or permit has been 411
suspended, under section 3123.58 or 4506.16 of the Revised Code. 412

       (5) No judge or mayor shall grant limited driving privileges 413
to an offender whose driver's or commercial driver's license or 414
permit or nonresident operating privilege has been suspended under 415
division (G) or (H) of section 4511.19 of the Revised Code, under 416
division (C) of section 4511.191 of the Revised Code, or under 417
section 4510.07 of the Revised Code for a conviction of a 418
violation of a municipal OVI ordinance during any of the following 419
periods of time: 420

       (a) The first fifteen days of a suspension imposed under 421
division (G)(1)(a) of section 4511.19 of the Revised Code or a 422
comparable length suspension imposed under section 4510.07 of the 423
Revised Code, or of a suspension imposed under division (C)(1)(a) 424
of section 4511.191 of the Revised Code. On or after the sixteenth 425
day of the suspension, the court may grant limited driving 426
privileges, but the court may require that the offender shall not 427
exercise the privileges unless the vehicles the offender operates 428
are equipped with immobilizing or disabling devices that monitor 429
the offender's alcohol consumption or any other type of 430
immobilizing or disabling devices, except as provided in division 431
(C) of section 4510.43 of the Revised Code. 432

       (b) The first thirty days of a suspension imposed under 433
~~division (G)(1)(b) of section 4511.19 of the Revised Code or a~~ 434
~~comparable length suspension imposed under section 4510.07 of the~~ 435
~~Revised Code, or of a suspension imposed under~~ division (C)(1)(b) 436
of section 4511.191 of the Revised Code. On or after the 437
thirty-first day of suspension, the court may grant limited 438
driving privileges, but the court may require that the offender 439
shall not exercise the privileges unless the vehicles the offender 440
operates are equipped with immobilizing or disabling devices that 441
monitor the offender's alcohol consumption or any other type of 442
immobilizing or disabling devices, except as provided in division 443
(C) of section 4510.43 of the Revised Code. 444

       (c) The first sixty days of a suspension imposed under 445
division (H) of section 4511.19 of the Revised Code or a 446
comparable length suspension imposed under section 4510.07 of the 447
Revised Code. 448

       (d) The first one hundred eighty days of a suspension imposed 449
~~under division (G)(1)(c) of section 4511.19 of the Revised Code or~~ 450
~~a comparable length suspension imposed under section 4510.07 of~~ 451
~~the Revised Code, or of a suspension imposed~~ under division 452
(C)(1)(c) of section 4511.191 of the Revised Code. The judge may 453
grant limited driving privileges on or after the one hundred 454
eighty-first day of the suspension only if the judge, at the time 455
of granting the privileges, also issues an order prohibiting the 456
offender, while exercising the privileges during the period 457
commencing with the one hundred eighty-first day of suspension and 458
ending with the first year of suspension, from operating any motor 459
vehicle unless it is equipped with an immobilizing or disabling 460
device that monitors the offender's alcohol consumption. After the 461
first year of the suspension, the court may authorize the offender 462
to continue exercising the privileges in vehicles that are not 463
equipped with immobilizing or disabling devices that monitor the 464
offender's alcohol consumption, except as provided in division (C) 465
of section 4510.43 of the Revised Code. If the offender does not 466
petition for limited driving privileges until after the first year 467
of suspension, the judge may grant limited driving privileges 468
without requiring the use of an immobilizing or disabling device 469
that monitors the offender's alcohol consumption. 470

       (e) The first year of a suspension imposed under division 471
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or a 472
comparable length suspension imposed under section 4510.07 of the 473
Revised Code. The judge may grant limited driving privileges after 474
the first year of suspension and, at the time of granting the 475
privileges, also may issue an order prohibiting the offender from 476
operating any motor vehicle for the period of suspension following 477
the first year of suspension unless the motor vehicle is equipped 478
with an immobilizing or disabling device that monitors the 479
offender's alcohol consumption, except as provided in division (C) 480
of section 4510.43 of the Revised Code. 481

       (f) The first three years of a suspension imposed under 482
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 483
or a comparable length suspension imposed under section 4510.07 of 484
the Revised Code, or of a suspension imposed under division 485
(C)(1)(d) of section 4511.191 of the Revised Code. The judge may 486
grant limited driving privileges after the first three years of 487
suspension only if the judge, at the time of granting the 488
privileges, also issues an order prohibiting the offender from 489
operating any motor vehicle, for the period of suspension 490
following the first three years of suspension, unless the motor 491
vehicle is equipped with an immobilizing or disabling device that 492
monitors the offender's alcohol consumption, except as provided in 493
division (C) of section 4510.43 of the Revised Code. 494

       (6) No judge or mayor shall grant limited driving privileges 495
to an offender whose driver's or commercial driver's license or 496
permit or nonresident operating privilege has been suspended under 497
division (B) of section 4511.191 of the Revised Code during any of 498
the following periods of time: 499

       (a) The first thirty days of suspension imposed under 500
division (B)(1)(a) of section 4511.191 of the Revised Code; 501

       (b) The first ninety days of suspension imposed under 502
division (B)(1)(b) of section 4511.191 of the Revised Code; 503

       (c) The first year of suspension imposed under division 504
(B)(1)(c) of section 4511.191 of the Revised Code; 505

       (d) The first three years of suspension imposed under 506
division (B)(1)(d) of section 4511.191 of the Revised Code. 507

       (7) In any case in which a judge or mayor grants limited 508
driving privileges to an offender whose driver's or commercial 509
driver's license or permit or nonresident operating privilege has 510
been suspended under division (G)(1)(b), (c), (d), or (e) of 511
section 4511.19 of the Revised Code, under division (G)(1)(a) of 512
section 4511.19 of the Revised Code for a violation of division 513
(A)(1)(f), (g), (h), or (i) of that section, or under section 514
4510.07 of the Revised Code for a municipal OVI conviction for 515
which sentence would have been imposed under division 516
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of 517
the Revised Code had the offender been charged with and convicted 518
of a violation of section 4511.19 of the Revised Code instead of a 519
violation of the municipal OVI ordinance, the judge or mayor shall 520
impose as a condition of the privileges that the offender must 521
display on the vehicle that is driven subject to the privileges 522
restricted license plates that are issued under section 4503.231 523
of the Revised Code, except as provided in division (B) of that 524
section. 525

       (B) Any person whose driver's or commercial driver's license 526
or permit or nonresident operating privilege has been suspended 527
pursuant to section 4511.19 or 4511.191 of the Revised Code or 528
under section 4510.07 of the Revised Code for a violation of a 529
municipal OVI ordinance may file a petition for limited driving 530
privileges during the suspension. The person shall file the 531
petition in the court that has jurisdiction over the place of 532
arrest. Subject to division (A) of this section, the court may 533
grant the person limited driving privileges during the period 534
during which the suspension otherwise would be imposed. However, 535
the court shall not grant the privileges for employment as a 536
driver of a commercial motor vehicle to any person who is 537
disqualified from operating a commercial motor vehicle under 538
section 4506.16 of the Revised Code or during any of the periods 539
prescribed by division (A) of this section. 540

       (C)(1) After a driver's or commercial driver's license or 541
permit or nonresident operating privilege has been suspended 542
pursuant to section 2903.06, 2903.08, 2903.11, 2907.24, 2921.331, 543
2923.02, 2929.02, 4511.19, 4511.251, 4549.02, 4549.021, or 5743.99 544
of the Revised Code, any provision of Chapter 2925. of the Revised 545
Code, or section 4510.07 of the Revised Code for a violation of a 546
municipal OVI ordinance, the judge of the court or mayor of the 547
mayor's court that suspended the license, permit, or privilege 548
shall cause the offender to deliver to the court the license or 549
permit. The judge, mayor, or clerk of the court or mayor's court 550
shall forward to the registrar the license or permit together with 551
notice of the action of the court. 552

       (2) A suspension of a commercial driver's license under any 553
section or chapter identified in division (C)(1) of this section 554
shall be concurrent with any period of suspension or 555
disqualification under section 3123.58 or 4506.16 of the Revised 556
Code. No person who is disqualified for life from holding a 557
commercial driver's license under section 4506.16 of the Revised 558
Code shall be issued a driver's license under this chapter during 559
the period for which the commercial driver's license was suspended 560
under this section, and no person whose commercial driver's 561
license is suspended under any section or chapter identified in 562
division (C)(1) of this section shall be issued a driver's license 563
under Chapter 4507. of the Revised Code during the period of the 564
suspension. 565

       (3) No judge or mayor shall suspend any class one suspension, 566
or any portion of any class one suspension, imposed under section 567
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No 568
judge or mayor shall suspend the first thirty days of any class 569
two, class three, class four, class five, or class six suspension 570
imposed under section 2903.06, 2903.08, 2903.11, 2923.02, or 571
2929.02 of the Revised Code. 572

       (D) The judge of the court or mayor of the mayor's court 573
shall credit any time during which an offender was subject to an 574
administrative suspension of the offender's driver's or commercial 575
driver's license or permit or nonresident operating privilege 576
imposed pursuant to section 4511.191 or 4511.192 of the Revised 577
Code or a suspension imposed by a judge, referee, or mayor 578
pursuant to division (B)(1) or (2) of section 4511.196 of the 579
Revised Code against the time to be served under a related 580
suspension imposed pursuant to any section or chapter identified 581
in division (C)(1) of this section. 582

       (E) The judge or mayor shall notify the bureau of motor 583
vehicles of any determinations made pursuant to this section and 584
of any suspension imposed pursuant to any section or chapter 585
identified in division (C)(1) of this section. 586

       (F)(1) If a court issues an immobilizing or disabling device 587
order under section 4510.43 of the Revised Code, the order shall 588
authorize the offender during the specified period to operate a 589
motor vehicle only if it is equipped with an immobilizing or 590
disabling device, except as provided in division (C) of that 591
section. The court shall provide the offender with a copy of an 592
immobilizing or disabling device order issued under section 593
4510.43 of the Revised Code, and the offender shall use the copy 594
of the order in lieu of an Ohio driver's or commercial driver's 595
license or permit until the registrar or a deputy registrar issues 596
the offender a restricted license. 597

       An order issued under section 4510.43 of the Revised Code 598
does not authorize or permit the offender to whom it has been 599
issued to operate a vehicle during any time that the offender's 600
driver's or commercial driver's license or permit is suspended 601
under any other provision of law. 602

       (2) An offender may present an immobilizing or disabling 603
device order to the registrar or to a deputy registrar. Upon 604
presentation of the order to the registrar or a deputy registrar, 605
the registrar or deputy registrar shall issue the offender a 606
restricted license. A restricted license issued under this 607
division shall be identical to an Ohio driver's license, except 608
that it shall have printed on its face a statement that the 609
offender is prohibited during the period specified in the court 610
order from operating any motor vehicle that is not equipped with 611
an immobilizing or disabling device. The date of commencement and 612
the date of termination of the period of suspension shall be 613
indicated conspicuously upon the face of the license. 614

       Sec. 4511.19. (A)(1) No person shall operate any vehicle, 615
streetcar, or trackless trolley within this state, if, at the time 616
of the operation, any of the following apply: 617

       (a) The person is under the influence of alcohol, a drug of 618
abuse, or a combination of them. 619

       (b) The person has a concentration of eight-hundredths of one 620
per cent or more but less than seventeen-hundredths of one per 621
cent by weight per unit volume of alcohol in the person's whole 622
blood. 623

       (c) The person has a concentration of ninety-six-thousandths 624
of one per cent or more but less than two hundred four-thousandths 625
of one per cent by weight per unit volume of alcohol in the 626
person's blood serum or plasma. 627

       (d) The person has a concentration of eight-hundredths of one 628
gram or more but less than seventeen-hundredths of one gram by 629
weight of alcohol per two hundred ten liters of the person's 630
breath. 631

       (e) The person has a concentration of eleven-hundredths of 632
one gram or more but less than two hundred 633
thirty-eight-thousandths of one gram by weight of alcohol per one 634
hundred milliliters of the person's urine. 635

       (f) The person has a concentration of seventeen-hundredths of 636
one per cent or more by weight per unit volume of alcohol in the 637
person's whole blood. 638

       (g) The person has a concentration of two hundred 639
four-thousandths of one per cent or more by weight per unit volume 640
of alcohol in the person's blood serum or plasma. 641

       (h) The person has a concentration of seventeen-hundredths of 642
one gram or more by weight of alcohol per two hundred ten liters 643
of the person's breath. 644

       (i) The person has a concentration of two hundred 645
thirty-eight-thousandths of one gram or more by weight of alcohol 646
per one hundred milliliters of the person's urine. 647

       (j) Except as provided in division (K) of this section, the 648
person has a concentration of any of the following controlled 649
substances or metabolites of a controlled substance in the 650
person's whole blood, blood serum or plasma, or urine that equals 651
or exceeds any of the following: 652

       (i) The person has a concentration of amphetamine in the 653
person's urine of at least five hundred nanograms of amphetamine 654
per milliliter of the person's urine or has a concentration of 655
amphetamine in the person's whole blood or blood serum or plasma 656
of at least one hundred nanograms of amphetamine per milliliter of 657
the person's whole blood or blood serum or plasma. 658

       (ii) The person has a concentration of cocaine in the 659
person's urine of at least one hundred fifty nanograms of cocaine 660
per milliliter of the person's urine or has a concentration of 661
cocaine in the person's whole blood or blood serum or plasma of at 662
least fifty nanograms of cocaine per milliliter of the person's 663
whole blood or blood serum or plasma. 664

       (iii) The person has a concentration of cocaine metabolite in 665
the person's urine of at least one hundred fifty nanograms of 666
cocaine metabolite per milliliter of the person's urine or has a 667
concentration of cocaine metabolite in the person's whole blood or 668
blood serum or plasma of at least fifty nanograms of cocaine 669
metabolite per milliliter of the person's whole blood or blood 670
serum or plasma. 671

       (iv) The person has a concentration of heroin in the person's 672
urine of at least two thousand nanograms of heroin per milliliter 673
of the person's urine or has a concentration of heroin in the 674
person's whole blood or blood serum or plasma of at least fifty 675
nanograms of heroin per milliliter of the person's whole blood or 676
blood serum or plasma. 677

       (v) The person has a concentration of heroin metabolite 678
(6-monoacetyl morphine) in the person's urine of at least ten 679
nanograms of heroin metabolite (6-monoacetyl morphine) per 680
milliliter of the person's urine or has a concentration of heroin 681
metabolite (6-monoacetyl morphine) in the person's whole blood or 682
blood serum or plasma of at least ten nanograms of heroin 683
metabolite (6-monoacetyl morphine) per milliliter of the person's 684
whole blood or blood serum or plasma. 685

       (vi) The person has a concentration of L.S.D. in the person's 686
urine of at least twenty-five nanograms of L.S.D. per milliliter 687
of the person's urine or a concentration of L.S.D. in the person's 688
whole blood or blood serum or plasma of at least ten nanograms of 689
L.S.D. per milliliter of the person's whole blood or blood serum 690
or plasma. 691

       (vii) The person has a concentration of marihuana in the 692
person's urine of at least ten nanograms of marihuana per 693
milliliter of the person's urine or has a concentration of 694
marihuana in the person's whole blood or blood serum or plasma of 695
at least two nanograms of marihuana per milliliter of the person's 696
whole blood or blood serum or plasma. 697

       (viii) Either of the following applies: 698

        (I) The person is under the influence of alcohol, a drug of 699
abuse, or a combination of them, and, as measured by gas 700
chromatography mass spectrometry, the person has a concentration 701
of marihuana metabolite in the person's urine of at least fifteen 702
nanograms of marihuana metabolite per milliliter of the person's 703
urine or has a concentration of marihuana metabolite in the 704
person's whole blood or blood serum or plasma of at least five 705
nanograms of marihuana metabolite per milliliter of the person's 706
whole blood or blood serum or plasma. 707

       (II) As measured by gas chromatography mass spectrometry, the 708
person has a concentration of marihuana metabolite in the person's 709
urine of at least thirty-five nanograms of marihuana metabolite 710
per milliliter of the person's urine or has a concentration of 711
marihuana metabolite in the person's whole blood or blood serum or 712
plasma of at least fifty nanograms of marihuana metabolite per 713
milliliter of the person's whole blood or blood serum or plasma. 714

       (ix) The person has a concentration of methamphetamine in the 715
person's urine of at least five hundred nanograms of 716
methamphetamine per milliliter of the person's urine or has a 717
concentration of methamphetamine in the person's whole blood or 718
blood serum or plasma of at least one hundred nanograms of 719
methamphetamine per milliliter of the person's whole blood or 720
blood serum or plasma. 721

       (x) The person has a concentration of phencyclidine in the 722
person's urine of at least twenty-five nanograms of phencyclidine 723
per milliliter of the person's urine or has a concentration of 724
phencyclidine in the person's whole blood or blood serum or plasma 725
of at least ten nanograms of phencyclidine per milliliter of the 726
person's whole blood or blood serum or plasma. 727

       (2) No person who, within twenty years of the conduct 728
described in division (A)(2)(a) of this section, previously has 729
been convicted of or pleaded guilty to a violation of this 730
division, division (A)(1) or (B) of this section, or a municipal 731
OVI offense shall do both of the following: 732

       (a) Operate any vehicle, streetcar, or trackless trolley 733
within this state while under the influence of alcohol, a drug of 734
abuse, or a combination of them; 735

       (b) Subsequent to being arrested for operating the vehicle, 736
streetcar, or trackless trolley as described in division (A)(2)(a) 737
of this section, being asked by a law enforcement officer to 738
submit to a chemical test or tests under section 4511.191 of the 739
Revised Code, and being advised by the officer in accordance with 740
section 4511.192 of the Revised Code of the consequences of the 741
person's refusal or submission to the test or tests, refuse to 742
submit to the test or tests. 743

       (B) No person under twenty-one years of age shall operate any 744
vehicle, streetcar, or trackless trolley within this state, if, at 745
the time of the operation, any of the following apply: 746

       (1) The person has a concentration of at least two-hundredths 747
of one per cent but less than eight-hundredths of one per cent by 748
weight per unit volume of alcohol in the person's whole blood. 749

       (2) The person has a concentration of at least 750
three-hundredths of one per cent but less than 751
ninety-six-thousandths of one per cent by weight per unit volume 752
of alcohol in the person's blood serum or plasma. 753

       (3) The person has a concentration of at least two-hundredths 754
of one gram but less than eight-hundredths of one gram by weight 755
of alcohol per two hundred ten liters of the person's breath. 756

       (4) The person has a concentration of at least twenty-eight 757
one-thousandths of one gram but less than eleven-hundredths of one 758
gram by weight of alcohol per one hundred milliliters of the 759
person's urine. 760

       (C) In any proceeding arising out of one incident, a person 761
may be charged with a violation of division (A)(1)(a) or (A)(2) 762
and a violation of division (B)(1), (2), or (3) of this section, 763
but the person may not be convicted of more than one violation of 764
these divisions. 765

       (D)(1)(a) In any criminal prosecution or juvenile court 766
proceeding for a violation of division (A)(1)(a) of this section 767
or for an equivalent offense, the result of any test of any blood 768
or urine withdrawn and analyzed at any health care provider, as 769
defined in section 2317.02 of the Revised Code, may be admitted 770
with expert testimony to be considered with any other relevant and 771
competent evidence in determining the guilt or innocence of the 772
defendant. 773

       (b) In any criminal prosecution or juvenile court proceeding 774
for a violation of division (A) or (B) of this section or for an 775
equivalent offense, the court may admit evidence on the 776
concentration of alcohol, drugs of abuse, controlled substances, 777
metabolites of a controlled substance, or a combination of them in 778
the defendant's whole blood, blood serum or plasma, breath, urine, 779
or other bodily substance at the time of the alleged violation as 780
shown by chemical analysis of the substance withdrawn within 781
three hours of the time of the alleged violation. The three-hour 782
time limit specified in this division regarding the admission of 783
evidence does not extend or affect the two-hour time limit 784
specified in division (A) of section 4511.192 of the Revised Code 785
as the maximum period of time during which a person may consent to 786
a chemical test or tests as described in that section. The court 787
may admit evidence on the concentration of alcohol, drugs of 788
abuse, or a combination of them as described in this division when 789
a person submits to a blood, breath, urine, or other bodily 790
substance test at the request of a law enforcement officer under 791
section 4511.191 of the Revised Code or a blood or urine sample is 792
obtained pursuant to a search warrant. Only a physician, a 793
registered nurse, or a qualified technician, chemist, or 794
phlebotomist shall withdraw a blood sample for the purpose of 795
determining the alcohol, drug, controlled substance, metabolite of 796
a controlled substance, or combination content of the whole 797
blood, blood serum, or blood plasma. This limitation does not 798
apply to the taking of breath or urine specimens. A person 799
authorized to withdraw blood under this division may refuse to 800
withdraw blood under this division, if in that person's opinion, 801
the physical welfare of the person would be endangered by the 802
withdrawing of blood. 803

       The bodily substance withdrawn under division (D)(1)(b) of 804
this section shall be analyzed in accordance with methods approved 805
by the director of health by an individual possessing a valid 806
permit issued by the director pursuant to section 3701.143 of the 807
Revised Code. 808

       (2) In a criminal prosecution or juvenile court proceeding 809
for a violation of division (A) of this section or for an 810
equivalent offense, if there was at the time the bodily substance 811
was withdrawn a concentration of less than the applicable 812
concentration of alcohol specified in divisions (A)(1)(b), (c), 813
(d), and (e) of this section or less than the applicable 814
concentration of a listed controlled substance or a listed 815
metabolite of a controlled substance specified for a violation of 816
division (A)(1)(j) of this section, that fact may be considered 817
with other competent evidence in determining the guilt or 818
innocence of the defendant. This division does not limit or affect 819
a criminal prosecution or juvenile court proceeding for a 820
violation of division (B) of this section or for an equivalent 821
offense that is substantially equivalent to that division. 822

       (3) Upon the request of the person who was tested, the 823
results of the chemical test shall be made available to the person 824
or the person's attorney, immediately upon the completion of the 825
chemical test analysis. 826

        If the chemical test was obtained pursuant to division 827
(D)(1)(b) of this section, the person tested may have a physician, 828
a registered nurse, or a qualified technician, chemist, or 829
phlebotomist of the person's own choosing administer a chemical 830
test or tests, at the person's expense, in addition to any 831
administered at the request of a law enforcement officer. The form 832
to be read to the person to be tested, as required under section 833
4511.192 of the Revised Code, shall state that the person may have 834
an independent test performed at the person's expense. The failure 835
or inability to obtain an additional chemical test by a person 836
shall not preclude the admission of evidence relating to the 837
chemical test or tests taken at the request of a law enforcement 838
officer. 839

       (4)(a) As used in divisions (D)(4)(b) and (c) of this 840
section, "national highway traffic safety administration" means 841
the national highway traffic safety administration established as 842
an administration of the United States department of 843
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105. 844

       (b) In any criminal prosecution or juvenile court proceeding 845
for a violation of division (A) or (B) of this section, of a 846
municipal ordinance relating to operating a vehicle while under 847
the influence of alcohol, a drug of abuse, or alcohol and a drug 848
of abuse, or of a municipal ordinance relating to operating a 849
vehicle with a prohibited concentration of alcohol, a controlled 850
substance, or a metabolite of a controlled substance in the blood, 851
breath, or urine, if a law enforcement officer has administered a 852
field sobriety test to the operator of the vehicle involved in the 853
violation and if it is shown by clear and convincing evidence that 854
the officer administered the test in substantial compliance with 855
the testing standards for any reliable, credible, and generally 856
accepted field sobriety tests that were in effect at the time the 857
tests were administered, including, but not limited to, any 858
testing standards then in effect that were set by the national 859
highway traffic safety administration, all of the following apply: 860

       (i) The officer may testify concerning the results of the 861
field sobriety test so administered. 862

       (ii) The prosecution may introduce the results of the field 863
sobriety test so administered as evidence in any proceedings in 864
the criminal prosecution or juvenile court proceeding. 865

       (iii) If testimony is presented or evidence is introduced 866
under division (D)(4)(b)(i) or (ii) of this section and if the 867
testimony or evidence is admissible under the Rules of Evidence, 868
the court shall admit the testimony or evidence and the trier of 869
fact shall give it whatever weight the trier of fact considers to 870
be appropriate. 871

       (c) Division (D)(4)(b) of this section does not limit or 872
preclude a court, in its determination of whether the arrest of a 873
person was supported by probable cause or its determination of any 874
other matter in a criminal prosecution or juvenile court 875
proceeding of a type described in that division, from considering 876
evidence or testimony that is not otherwise disallowed by division 877
(D)(4)(b) of this section. 878

       (E)(1) Subject to division (E)(3) of this section, in any 879
criminal prosecution or juvenile court proceeding for a violation 880
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) 881
or (B)(1), (2), (3), or (4) of this section or for an equivalent 882
offense that is substantially equivalent to any of those 883
divisions, a laboratory report from any laboratory personnel 884
issued a permit by the department of health authorizing an 885
analysis as described in this division that contains an analysis 886
of the whole blood, blood serum or plasma, breath, urine, or other 887
bodily substance tested and that contains all of the information 888
specified in this division shall be admitted as prima-facie 889
evidence of the information and statements that the report 890
contains. The laboratory report shall contain all of the 891
following: 892

       (a) The signature, under oath, of any person who performed 893
the analysis; 894

       (b) Any findings as to the identity and quantity of alcohol, 895
a drug of abuse, a controlled substance, a metabolite of a 896
controlled substance, or a combination of them that was found; 897

       (c) A copy of a notarized statement by the laboratory 898
director or a designee of the director that contains the name of 899
each certified analyst or test performer involved with the report, 900
the analyst's or test performer's employment relationship with the 901
laboratory that issued the report, and a notation that performing 902
an analysis of the type involved is part of the analyst's or test 903
performer's regular duties; 904

       (d) An outline of the analyst's or test performer's 905
education, training, and experience in performing the type of 906
analysis involved and a certification that the laboratory 907
satisfies appropriate quality control standards in general and, in 908
this particular analysis, under rules of the department of health. 909

       (2) Notwithstanding any other provision of law regarding the 910
admission of evidence, a report of the type described in division 911
(E)(1) of this section is not admissible against the defendant to 912
whom it pertains in any proceeding, other than a preliminary 913
hearing or a grand jury proceeding, unless the prosecutor has 914
served a copy of the report on the defendant's attorney or, if the 915
defendant has no attorney, on the defendant. 916

       (3) A report of the type described in division (E)(1) of this 917
section shall not be prima-facie evidence of the contents, 918
identity, or amount of any substance if, within seven days after 919
the defendant to whom the report pertains or the defendant's 920
attorney receives a copy of the report, the defendant or the 921
defendant's attorney demands the testimony of the person who 922
signed the report. The judge in the case may extend the seven-day 923
time limit in the interest of justice. 924

       (F) Except as otherwise provided in this division, any 925
physician, registered nurse, or qualified technician, chemist, or 926
phlebotomist who withdraws blood from a person pursuant to this 927
section, and any hospital, first-aid station, or clinic at which 928
blood is withdrawn from a person pursuant to this section, is 929
immune from criminal liability and civil liability based upon a 930
claim of assault and battery or any other claim that is not a 931
claim of malpractice, for any act performed in withdrawing blood 932
from the person. The immunity provided in this division is not 933
available to a person who withdraws blood if the person engages in 934
willful or wanton misconduct. 935

       (G)(1) Whoever violates any provision of divisions (A)(1)(a) 936
to (i) or (A)(2) of this section is guilty of operating a vehicle 937
under the influence of alcohol, a drug of abuse, or a combination 938
of them. Whoever violates division (A)(1)(j) of this section is 939
guilty of operating a vehicle while under the influence of a 940
listed controlled substance or a listed metabolite of a controlled 941
substance. The court shall sentence the offender for either 942
offense under Chapter 2929. of the Revised Code, except as 943
otherwise authorized or required by divisions (G)(1)(a) to (e) of 944
this section: 945

       (a) Except as otherwise provided in division (G)(1)(b), (c), 946
(d), or (e) of this section, the offender is guilty of a 947
misdemeanor of the first degree, and the court shall sentence the 948
offender to all of the following: 949

       (i) If the sentence is being imposed for a violation of 950
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 951
mandatory jail term of three consecutive days. As used in this 952
division, three consecutive days means seventy-two consecutive 953
hours. The court may sentence an offender to both an intervention 954
program and a jail term. The court may impose a jail term in 955
addition to the three-day mandatory jail term or intervention 956
program. However, in no case shall the cumulative jail term 957
imposed for the offense exceed six months. 958

       The court may suspend the execution of the three-day jail 959
term under this division if the court, in lieu of that suspended 960
term, places the offender under a community control sanction 961
pursuant to section 2929.25 of the Revised Code and requires the 962
offender to attend, for three consecutive days, a drivers' 963
intervention program certified under section 3793.10 of the 964
Revised Code. The court also may suspend the execution of any 965
part of the three-day jail term under this division if it places 966
the offender under a community control sanction pursuant to 967
section 2929.25 of the Revised Code for part of the three days, 968
requires the offender to attend for the suspended part of the term 969
a drivers' intervention program so certified, and sentences the 970
offender to a jail term equal to the remainder of the three 971
consecutive days that the offender does not spend attending the 972
program. The court may require the offender, as a condition of 973
community control and in addition to the required attendance at a 974
drivers' intervention program, to attend and satisfactorily 975
complete any treatment or education programs that comply with the 976
minimum standards adopted pursuant to Chapter 3793. of the Revised 977
Code by the director of alcohol and drug addiction services that 978
the operators of the drivers' intervention program determine that 979
the offender should attend and to report periodically to the court 980
on the offender's progress in the programs. The court also may 981
impose on the offender any other conditions of community control 982
that it considers necessary. 983

       (ii) If the sentence is being imposed for a violation of 984
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 985
section, except as otherwise provided in this division, a 986
mandatory jail term of at least three consecutive days and a 987
requirement that the offender attend, for three consecutive days, 988
a drivers' intervention program that is certified pursuant to 989
section 3793.10 of the Revised Code. As used in this division, 990
three consecutive days means seventy-two consecutive hours. If the 991
court determines that the offender is not conducive to treatment 992
in a drivers' intervention program, if the offender refuses to 993
attend a drivers' intervention program, or if the jail at which 994
the offender is to serve the jail term imposed can provide a 995
driver's intervention program, the court shall sentence the 996
offender to a mandatory jail term of at least six consecutive 997
days. 998

       The court may require the offender, under a community control 999
sanction imposed under section 2929.25 of the Revised Code, to 1000
attend and satisfactorily complete any treatment or education 1001
programs that comply with the minimum standards adopted pursuant 1002
to Chapter 3793. of the Revised Code by the director of alcohol 1003
and drug addiction services, in addition to the required 1004
attendance at drivers' intervention program, that the operators of 1005
the drivers' intervention program determine that the offender 1006
should attend and to report periodically to the court on the 1007
offender's progress in the programs. The court also may impose any 1008
other conditions of community control on the offender that it 1009
considers necessary. 1010

       (iii) In all cases, a fine of not less than two hundred fifty 1011
and not more than one thousand dollars; 1012

       (iv) In all cases, a class five license suspension of the 1013
offender's driver's or commercial driver's license or permit or 1014
nonresident operating privilege from the range specified in 1015
division (A)(5) of section 4510.02 of the Revised Code. The court 1016
may grant limited driving privileges relative to the suspension 1017
under sections 4510.021 and 4510.13 of the Revised Code. 1018

       (b) Except as otherwise provided in division (G)(1)(e) of 1019
this section, an offender who, within six years of the offense, 1020
previously has been convicted of or pleaded guilty to one 1021
violation of division (A) or (B) of this section or one other 1022
equivalent offense is guilty of a misdemeanor of the first degree. 1023
The court shall sentence the offender to all of the following: 1024

       (i) If the sentence is being imposed for a violation of 1025
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 1026
mandatory jail term of ten consecutive days. The court shall 1027
impose the ten-day mandatory jail term under this division unless, 1028
subject to division (G)(3) of this section, it instead imposes a 1029
sentence under that division consisting of both a jail term and a 1030
term of house arrest with electronic monitoring, with continuous 1031
alcohol monitoring, or with both electronic monitoring and 1032
continuous alcohol monitoring. The court may impose a jail term in 1033
addition to the ten-day mandatory jail term. The cumulative jail 1034
term imposed for the offense shall not exceed six months. 1035

       In addition to the jail term or the term of house arrest with 1036
electronic monitoring or continuous alcohol monitoring or both 1037
types of monitoring and jail term, the court ~~may~~shall require the 1038
offender to attend a drivers' intervention program that is 1039
certified pursuant to section 3793.10 of the Revised Code. If the 1040
operator of the program determines that the offender is alcohol 1041
dependent, the program shall notify the court, and, subject to 1042
division (I) of this section, the court shall order the offender 1043
to obtain treatment through an alcohol and drug addiction program 1044
authorized by section 3793.02 of the Revised Code. 1045

       (ii) If the sentence is being imposed for a violation of 1046
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1047
section, except as otherwise provided in this division, a 1048
mandatory jail term of twenty consecutive days. The court shall 1049
impose the twenty-day mandatory jail term under this division 1050
unless, subject to division (G)(3) of this section, it instead 1051
imposes a sentence under that division consisting of both a jail 1052
term and a term of house arrest with electronic monitoring, with 1053
continuous alcohol monitoring, or with both electronic monitoring 1054
and continuous alcohol monitoring. The court may impose a jail 1055
term in addition to the twenty-day mandatory jail term. The 1056
cumulative jail term imposed for the offense shall not exceed six 1057
months. 1058

       In addition to the jail term or the term of house arrest with 1059
electronic monitoring or continuous alcohol monitoring or both 1060
types of monitoring and jail term, the court ~~may~~shall require the 1061
offender to attend a driver's intervention program that is 1062
certified pursuant to section 3793.10 of the Revised Code. If the 1063
operator of the program determines that the offender is alcohol 1064
dependent, the program shall notify the court, and, subject to 1065
division (I) of this section, the court shall order the offender 1066
to obtain treatment through an alcohol and drug addiction program 1067
authorized by section 3793.02 of the Revised Code. 1068

       (iii) In all cases, notwithstanding the fines set forth in 1069
Chapter 2929. of the Revised Code, a fine of not less than three 1070
hundred fifty and not more than one thousand five hundred dollars; 1071

       (iv) In all cases, a class four license suspension of the 1072
offender's driver's license, commercial driver's license, 1073
temporary instruction permit, probationary license, or nonresident 1074
operating privilege from the range specified in division (A)(4) of 1075
section 4510.02 of the Revised Code. The court may grant limited 1076
driving privileges relative to the suspension under sections 1077
4510.021 and 4510.13 of the Revised Code. 1078

       (v) In all cases, if the vehicle is registered in the 1079
offender's name, immobilization of the vehicle involved in the 1080
offense for ~~ninety days~~one year in accordance with section 1081
4503.233 of the Revised Code and impoundment of the license plates 1082
of that vehicle for ~~ninety days~~one year. In addition, 1083
irrespective of whether the vehicle involved in the offense is 1084
registered in the offender's name, the court shall order the 1085
immobilization for one year of all motor vehicles owned by or 1086
registered in the name of the offender and the impoundment for one 1087
year of the license plates of all such vehicles. 1088

       (vi) In all cases, a requirement that the offender wear a 1089
monitor that provides continuous alcohol monitoring that is 1090
remote. The court shall require the offender to wear the monitor 1091
until the conclusion of all community control sanctions imposed 1092
upon the offender. The offender shall pay all costs associated 1093
with the monitor, including the cost of remote monitoring. 1094

       (c) Except as otherwise provided in division (G)(1)(e) of 1095
this section, an offender who, within six years of the offense, 1096
previously has been convicted of or pleaded guilty to two 1097
violations of division (A) or (B) of this section or other 1098
equivalent offenses is guilty of a misdemeanor. The court shall 1099
sentence the offender to all of the following: 1100

       (i) If the sentence is being imposed for a violation of 1101
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 1102
mandatory jail term of thirty consecutive days. The court shall 1103
impose the thirty-day mandatory jail term under this division 1104
unless, subject to division (G)(3) of this section, it instead 1105
imposes a sentence under that division consisting of both a jail 1106
term and a term of house arrest with electronic monitoring, with 1107
continuous alcohol monitoring, or with both electronic monitoring 1108
and continuous alcohol monitoring. The court may impose a jail 1109
term in addition to the thirty-day mandatory jail term. 1110
Notwithstanding the jail terms set forth in sections 2929.21 to 1111
2929.28 of the Revised Code, the additional jail term shall not 1112
exceed one year, and the cumulative jail term imposed for the 1113
offense shall not exceed one year. 1114

       (ii) If the sentence is being imposed for a violation of 1115
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1116
section, a mandatory jail term of sixty consecutive days. The 1117
court shall impose the sixty-day mandatory jail term under this 1118
division unless, subject to division (G)(3) of this section, it 1119
instead imposes a sentence under that division consisting of both 1120
a jail term and a term of house arrest with electronic monitoring, 1121
with continuous alcohol monitoring, or with both electronic 1122
monitoring and continuous alcohol monitoring. The court may impose 1123
a jail term in addition to the sixty-day mandatory jail term. 1124
Notwithstanding the jail terms set forth in sections 2929.21 to 1125
2929.28 of the Revised Code, the additional jail term shall not 1126
exceed one year, and the cumulative jail term imposed for the 1127
offense shall not exceed one year. 1128

       (iii) In all cases, notwithstanding the fines set forth in 1129
Chapter 2929. of the Revised Code, a fine of not less than five 1130
hundred fifty and not more than two thousand five hundred dollars; 1131

       (iv) In all cases, a class three license suspension of the 1132
offender's driver's license, commercial driver's license, 1133
temporary instruction permit, probationary license, or nonresident 1134
operating privilege from the range specified in division (A)(3) of 1135
section 4510.02 of the Revised Code. The court may grant limited 1136
driving privileges relative to the suspension under sections 1137
4510.021 and 4510.13 of the Revised Code. 1138

       (v) In all cases, if the vehicle is registered in the 1139
offender's name, criminal forfeiture of the vehicle involved in 1140
the offense in accordance with section 4503.234 of the Revised 1141
Code. Division (G)(6) of this section applies regarding any 1142
vehicle that is subject to an order of criminal forfeiture under 1143
this division. In addition, the court shall order the 1144
immobilization for one year of all other motor vehicles owned by 1145
or registered in the name of the offender and the impoundment for 1146
one year of the license plates of all such vehicles. 1147

       If the vehicle involved in the offense is not registered in 1148
the offender's name, the court shall order the immobilization for 1149
one year of all motor vehicles owned by or registered in the name 1150
of the offender and the impoundment for one year of the license 1151
plates of all such vehicles. 1152

       (vi) In all cases, participation in an alcohol and drug 1153
addiction program authorized by section 3793.02 of the Revised 1154
Code, subject to division (I) of this section. The operator of the 1155
program shall determine and assess the degree of the offender's 1156
alcohol dependency and use and shall treat the offender 1157
accordingly. 1158

       (vii) In all cases, a requirement that the offender wear a 1159
monitor that provides continuous alcohol monitoring that is 1160
remote. The court shall require the offender to wear the monitor 1161
until the conclusion of all community control sanctions imposed 1162
upon the offender. The offender shall pay all costs associated 1163
with the monitor, including the cost of remote monitoring. 1164

       (d) Except as otherwise provided in division (G)(1)(e) of 1165
this section, an offender who, within six years of the offense, 1166
previously has been convicted of or pleaded guilty to three or 1167
four violations of division (A) or (B) of this section or other 1168
equivalent offenses or an offender who, within twenty years of the 1169
offense, previously has been convicted of or pleaded guilty to 1170
five or more violations of that nature is guilty of a felony of 1171
the fourth degree. The court shall sentence the offender to all of 1172
the following: 1173

       (i) If the sentence is being imposed for a violation of 1174
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 1175
mandatory prison term of one, two, three, four, or five years as 1176
required by and in accordance with division (G)(2) of section 1177
2929.13 of the Revised Code if the offender also is convicted of 1178
or also pleads guilty to a specification of the type described in 1179
section 2941.1413 of the Revised Code or, in the discretion of the 1180
court, either a mandatory term of local incarceration of sixty 1181
consecutive days in accordance with division (G)(1) of section 1182
2929.13 of the Revised Code or a mandatory prison term of sixty 1183
consecutive days in accordance with division (G)(2) of that 1184
section if the offender is not convicted of and does not plead 1185
guilty to a specification of that type. If the court imposes a 1186
mandatory term of local incarceration, it may impose a jail term 1187
in addition to the sixty-day mandatory term, the cumulative total 1188
of the mandatory term and the jail term for the offense shall not 1189
exceed one year, and, except as provided in division (A)(1) of 1190
section 2929.13 of the Revised Code, no prison term is authorized 1191
for the offense. If the court imposes a mandatory prison term, 1192
notwithstanding division (A)(4) of section 2929.14 of the Revised 1193
Code, it also may sentence the offender to a definite prison term 1194
that shall be not less than six months and not more than thirty 1195
months and the prison terms shall be imposed as described in 1196
division (G)(2) of section 2929.13 of the Revised Code. If the 1197
court imposes a mandatory prison term or mandatory prison term and 1198
additional prison term, in addition to the term or terms so 1199
imposed, the court also may sentence the offender to a community 1200
control sanction for the offense, but the offender shall serve all 1201
of the prison terms so imposed prior to serving the community 1202
control sanction. 1203

       (ii) If the sentence is being imposed for a violation of 1204
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1205
section, a mandatory prison term of one, two, three, four, or five 1206
years as required by and in accordance with division (G)(2) of 1207
section 2929.13 of the Revised Code if the offender also is 1208
convicted of or also pleads guilty to a specification of the type 1209
described in section 2941.1413 of the Revised Code or, in the 1210
discretion of the court, either a mandatory term of local 1211
incarceration of one hundred twenty consecutive days in accordance 1212
with division (G)(1) of section 2929.13 of the Revised Code or a 1213
mandatory prison term of one hundred twenty consecutive days in 1214
accordance with division (G)(2) of that section if the offender is 1215
not convicted of and does not plead guilty to a specification of 1216
that type. If the court imposes a mandatory term of local 1217
incarceration, it may impose a jail term in addition to the one 1218
hundred twenty-day mandatory term, the cumulative total of the 1219
mandatory term and the jail term for the offense shall not exceed 1220
one year, and, except as provided in division (A)(1) of section 1221
2929.13 of the Revised Code, no prison term is authorized for the 1222
offense. If the court imposes a mandatory prison term, 1223
notwithstanding division (A)(4) of section 2929.14 of the Revised 1224
Code, it also may sentence the offender to a definite prison term 1225
that shall be not less than six months and not more than thirty 1226
months and the prison terms shall be imposed as described in 1227
division (G)(2) of section 2929.13 of the Revised Code. If the 1228
court imposes a mandatory prison term or mandatory prison term and 1229
additional prison term, in addition to the term or terms so 1230
imposed, the court also may sentence the offender to a community 1231
control sanction for the offense, but the offender shall serve all 1232
of the prison terms so imposed prior to serving the community 1233
control sanction. 1234

       (iii) In all cases, notwithstanding section 2929.18 of the 1235
Revised Code, a fine of not less than eight hundred nor more than 1236
ten thousand dollars; 1237

       (iv) In all cases, a class two license suspension of the 1238
offender's driver's license, commercial driver's license, 1239
temporary instruction permit, probationary license, or nonresident 1240
operating privilege from the range specified in division (A)(2) of 1241
section 4510.02 of the Revised Code. The court may grant limited 1242
driving privileges relative to the suspension under sections 1243
4510.021 and 4510.13 of the Revised Code. 1244

       (v) In all cases, if the vehicle is registered in the 1245
offender's name, criminal forfeiture of the vehicle involved in 1246
the offense in accordance with section 4503.234 of the Revised 1247
Code. Division (G)(6) of this section applies regarding any 1248
vehicle that is subject to an order of criminal forfeiture under 1249
this division. In addition, the court shall order the 1250
immobilization for one year of all other motor vehicles owned by 1251
or registered in the name of the offender and the impoundment for 1252
one year of the license plates of all such vehicles. 1253

       If the vehicle involved in the offense is not registered in 1254
the offender's name, the court shall order the immobilization for 1255
one year of all motor vehicles owned by or registered in the name 1256
of the offender and the impoundment for one year of the license 1257
plates of all such vehicles. 1258

       (vi) In all cases, participation in an alcohol and drug 1259
addiction program authorized by section 3793.02 of the Revised 1260
Code, subject to division (I) of this section. The operator of the 1261
program shall determine and assess the degree of the offender's 1262
alcohol dependency and use and shall treat the offender 1263
accordingly. 1264

       (vii) In all cases, if the court sentences the offender to a 1265
mandatory term of local incarceration, in addition to the 1266
mandatory term, the court, pursuant to section 2929.17 of the 1267
Revised Code, may impose a term of house arrest with electronic 1268
monitoring. The term shall not commence until after the offender 1269
has served the mandatory term of local incarceration. 1270

       (viii) In all cases, a requirement that the offender wear a 1271
monitor that provides continuous alcohol monitoring that is 1272
remote. The court shall require the offender to wear the monitor 1273
until the conclusion of all community control sanctions or 1274
post-release controls imposed upon the offender. The offender 1275
shall pay all costs associated with the monitor, including the 1276
cost of remote monitoring. 1277

       (e) An offender who previously has been convicted of or 1278
pleaded guilty to a violation of division (A) of this section that 1279
was a felony, regardless of when the violation and the conviction 1280
or guilty plea occurred, is guilty of a felony of the third 1281
degree. The court shall sentence the offender to all of the 1282
following: 1283

       (i) If the offender is being sentenced for a violation of 1284
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 1285
mandatory prison term of one, two, three, four, or five years as 1286
required by and in accordance with division (G)(2) of section 1287
2929.13 of the Revised Code if the offender also is convicted of 1288
or also pleads guilty to a specification of the type described in 1289
section 2941.1413 of the Revised Code or a mandatory prison term 1290
of sixty consecutive days in accordance with division (G)(2) of 1291
section 2929.13 of the Revised Code if the offender is not 1292
convicted of and does not plead guilty to a specification of that 1293
type. The court may impose a prison term in addition to the 1294
mandatory prison term. The cumulative total of a sixty-day 1295
mandatory prison term and the additional prison term for the 1296
offense shall not exceed five years. In addition to the mandatory 1297
prison term or mandatory prison term and additional prison term 1298
the court imposes, the court also may sentence the offender to a 1299
community control sanction for the offense, but the offender 1300
shall serve all of the prison terms so imposed prior to serving 1301
the community control sanction. 1302

       (ii) If the sentence is being imposed for a violation of 1303
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1304
section, a mandatory prison term of one, two, three, four, or five 1305
years as required by and in accordance with division (G)(2) of 1306
section 2929.13 of the Revised Code if the offender also is 1307
convicted of or also pleads guilty to a specification of the type 1308
described in section 2941.1413 of the Revised Code or a mandatory 1309
prison term of one hundred twenty consecutive days in accordance 1310
with division (G)(2) of section 2929.13 of the Revised Code if the 1311
offender is not convicted of and does not plead guilty to a 1312
specification of that type. The court may impose a prison term in 1313
addition to the mandatory prison term. The cumulative total of a 1314
one hundred twenty-day mandatory prison term and the additional 1315
prison term for the offense shall not exceed five years. In 1316
addition to the mandatory prison term or mandatory prison term and 1317
additional prison term the court imposes, the court also may 1318
sentence the offender to a community control sanction for the 1319
offense, but the offender shall serve all of the prison terms so 1320
imposed prior to serving the community control sanction. 1321

       (iii) In all cases, notwithstanding section 2929.18 of the 1322
Revised Code, a fine of not less than eight hundred nor more than 1323
ten thousand dollars; 1324

       (iv) In all cases, a class two license suspension of the 1325
offender's driver's license, commercial driver's license, 1326
temporary instruction permit, probationary license, or nonresident 1327
operating privilege from the range specified in division (A)(2) of 1328
section 4510.02 of the Revised Code. The court may grant limited 1329
driving privileges relative to the suspension under sections 1330
4510.021 and 4510.13 of the Revised Code. 1331

       (v) In all cases, if the vehicle is registered in the 1332
offender's name, criminal forfeiture of the vehicle involved in 1333
the offense in accordance with section 4503.234 of the Revised 1334
Code. Division (G)(6) of this section applies regarding any 1335
vehicle that is subject to an order of criminal forfeiture under 1336
this division. In addition, the court shall order the 1337
immobilization for one year of all other motor vehicles owned by 1338
or registered in the name of the offender and the impoundment for 1339
one year of the license plates of all such vehicles. 1340

       If the vehicle involved in the offense is not registered in 1341
the offender's name, the court shall order the immobilization for 1342
one year of all motor vehicles owned by or registered in the name 1343
of the offender and the impoundment for one year of the license 1344
plates of all such vehicles. 1345

       (vi) In all cases, participation in an alcohol and drug 1346
addiction program authorized by section 3793.02 of the Revised 1347
Code, subject to division (I) of this section. The operator of the 1348
program shall determine and assess the degree of the offender's 1349
alcohol dependency and use and shall treat the offender 1350
accordingly. 1351

       (vii) In all cases, a requirement that the offender wear a 1352
monitor that provides continuous alcohol monitoring that is 1353
remote. The court shall require the offender to wear the monitor 1354
until the conclusion of all post-release controls imposed upon the 1355
offender. The offender shall pay all costs associated with the 1356
monitor, including the cost of remote monitoring. 1357

       (2) An offender who is convicted of or pleads guilty to a 1358
violation of division (A) of this section and who subsequently 1359
seeks reinstatement of the driver's or occupational driver's 1360
license or permit or nonresident operating privilege suspended 1361
under this section as a result of the conviction or guilty plea 1362
shall pay a reinstatement fee as provided in division (F)(2) of 1363
section 4511.191 of the Revised Code. 1364

       (3) If an offender is sentenced to a jail term under division 1365
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and 1366
if, within sixty days of sentencing of the offender, the court 1367
issues a written finding on the record that, due to the 1368
unavailability of space at the jail where the offender is required 1369
to serve the term, the offender will not be able to begin serving 1370
that term within the sixty-day period following the date of 1371
sentencing, the court may impose an alternative sentence under 1372
this division that includes a term of house arrest with electronic 1373
monitoring, with continuous alcohol monitoring, or with both 1374
electronic monitoring and continuous alcohol monitoring. 1375

       As an alternative to a mandatory jail term of ten consecutive 1376
days required by division (G)(1)(b)(i) of this section, the court, 1377
under this division, may sentence the offender to five consecutive 1378
days in jail and not less than eighteen consecutive days of house 1379
arrest with electronic monitoring, with continuous alcohol 1380
monitoring, or with both electronic monitoring and continuous 1381
alcohol monitoring. The cumulative total of the five consecutive 1382
days in jail and the period of house arrest with electronic 1383
monitoring, continuous alcohol monitoring, or both types of 1384
monitoring shall not exceed six months. The five consecutive days 1385
in jail do not have to be served prior to or consecutively to the 1386
period of house arrest. 1387

       As an alternative to the mandatory jail term of twenty 1388
consecutive days required by division (G)(1)(b)(ii) of this 1389
section, the court, under this division, may sentence the offender 1390
to ten consecutive days in jail and not less than thirty-six 1391
consecutive days of house arrest with electronic monitoring, with 1392
continuous alcohol monitoring, or with both electronic monitoring 1393
and continuous alcohol monitoring. The cumulative total of the ten 1394
consecutive days in jail and the period of house arrest with 1395
electronic monitoring, continuous alcohol monitoring, or both 1396
types of monitoring shall not exceed six months. The ten 1397
consecutive days in jail do not have to be served prior to or 1398
consecutively to the period of house arrest. 1399

       As an alternative to a mandatory jail term of thirty 1400
consecutive days required by division (G)(1)(c)(i) of this 1401
section, the court, under this division, may sentence the offender 1402
to fifteen consecutive days in jail and not less than fifty-five 1403
consecutive days of house arrest with electronic monitoring, with 1404
continuous alcohol monitoring, or with both electronic monitoring 1405
and continuous alcohol monitoring. The cumulative total of the 1406
fifteen consecutive days in jail and the period of house arrest 1407
with electronic monitoring, continuous alcohol monitoring, or both 1408
types of monitoring shall not exceed one year. The fifteen 1409
consecutive days in jail do not have to be served prior to or 1410
consecutively to the period of house arrest. 1411

       As an alternative to the mandatory jail term of sixty 1412
consecutive days required by division (G)(1)(c)(ii) of this 1413
section, the court, under this division, may sentence the offender 1414
to thirty consecutive days in jail and not less than one hundred 1415
ten consecutive days of house arrest with electronic monitoring, 1416
with continuous alcohol monitoring, or with both electronic 1417
monitoring and continuous alcohol monitoring. The cumulative total 1418
of the thirty consecutive days in jail and the period of house 1419
arrest with electronic monitoring, continuous alcohol monitoring, 1420
or both types of monitoring shall not exceed one year. The thirty 1421
consecutive days in jail do not have to be served prior to or 1422
consecutively to the period of house arrest. 1423

       (4) If an offender's driver's or occupational driver's 1424
license or permit or nonresident operating privilege is suspended 1425
under division (G) of this section and if section 4510.13 of the 1426
Revised Code permits the court to grant limited driving 1427
privileges, the court may grant the limited driving privileges in 1428
accordance with that section. If division (A)(7) of that section 1429
requires that the court impose as a condition of the privileges 1430
that the offender must display on the vehicle that is driven 1431
subject to the privileges restricted license plates that are 1432
issued under section 4503.231 of the Revised Code, except as 1433
provided in division (B) of that section, the court shall impose 1434
that condition as one of the conditions of the limited driving 1435
privileges granted to the offender, except as provided in division 1436
(B) of section 4503.231 of the Revised Code. 1437

       (5) Fines imposed under this section for a violation of 1438
division (A) of this section shall be distributed as follows: 1439

       (a) Twenty-five dollars of the fine imposed under division 1440
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under 1441
division (G)(1)(b)(iii), one hundred twenty-three dollars of the 1442
fine imposed under division (G)(1)(c)(iii), and two hundred ten 1443
dollars of the fine imposed under division (G)(1)(d)(iii) or 1444
(e)(iii) of this section shall be paid to an enforcement and 1445
education fund established by the legislative authority of the law 1446
enforcement agency in this state that primarily was responsible 1447
for the arrest of the offender, as determined by the court that 1448
imposes the fine. The agency shall use this share to pay only 1449
those costs it incurs in enforcing this section or a municipal OVI 1450
ordinance and in informing the public of the laws governing the 1451
operation of a vehicle while under the influence of alcohol, the 1452
dangers of the operation of a vehicle under the influence of 1453
alcohol, and other information relating to the operation of a 1454
vehicle under the influence of alcohol and the consumption of 1455
alcoholic beverages. 1456

       (b) Fifty dollars of the fine imposed under division 1457
(G)(1)(a)(iii) of this section shall be paid to the political 1458
subdivision that pays the cost of housing the offender during the 1459
offender's term of incarceration. If the offender is being 1460
sentenced for a violation of division (A)(1)(a), (b), (c), (d), 1461
(e), or (j) of this section and was confined as a result of the 1462
offense prior to being sentenced for the offense but is not 1463
sentenced to a term of incarceration, the fifty dollars shall be 1464
paid to the political subdivision that paid the cost of housing 1465
the offender during that period of confinement. The political 1466
subdivision shall use the share under this division to pay or 1467
reimburse incarceration or treatment costs it incurs in housing or 1468
providing drug and alcohol treatment to persons who violate this 1469
section or a municipal OVI ordinance, costs of any immobilizing or 1470
disabling device used on the offender's vehicle, and costs of 1471
electronic house arrest equipment needed for persons who violate 1472
this section. 1473

       (c) Twenty-five dollars of the fine imposed under division 1474
(G)(1)(a)(iii) and fifty dollars of the fine imposed under 1475
division (G)(1)(b)(iii) of this section shall be deposited into 1476
the county or municipal indigent drivers' alcohol treatment fund 1477
under the control of that court, as created by the county or 1478
municipal corporation under division (N) of section 4511.191 of 1479
the Revised Code. 1480

       (d) One hundred fifteen dollars of the fine imposed under 1481
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the 1482
fine imposed under division (G)(1)(c)(iii), and four hundred forty 1483
dollars of the fine imposed under division (G)(1)(d)(iii) or 1484
(e)(iii) of this section shall be paid to the political 1485
subdivision that pays the cost of housing the offender during the 1486
offender's term of incarceration. The political subdivision shall 1487
use this share to pay or reimburse incarceration or treatment 1488
costs it incurs in housing or providing drug and alcohol treatment 1489
to persons who violate this section or a municipal OVI ordinance, 1490
costs for any immobilizing or disabling device used on the 1491
offender's vehicle, and costs of electronic house arrest equipment 1492
needed for persons who violate this section. 1493

       (e) The balance of the fine imposed under division 1494
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this 1495
section shall be disbursed as otherwise provided by law. 1496

       (6) If title to a motor vehicle that is subject to an order 1497
of criminal forfeiture under division (G)(1)(c), (d), or (e) of 1498
this section is assigned or transferred and division (B)(2) or (3) 1499
of section 4503.234 of the Revised Code applies, in addition to or 1500
independent of any other penalty established by law, the court may 1501
fine the offender the value of the vehicle as determined by 1502
publications of the national auto dealers association. The 1503
proceeds of any fine so imposed shall be distributed in accordance 1504
with division (C)(2) of that section. 1505

       (7) As used in division (G) of this section, "electronic 1506
monitoring," "mandatory prison term," and "mandatory term of local 1507
incarceration" have the same meanings as in section 2929.01 of the 1508
Revised Code. 1509

       (H) Whoever violates division (B) of this section is guilty 1510
of operating a vehicle after underage alcohol consumption and 1511
shall be punished as follows: 1512

       (1) Except as otherwise provided in division (H)(2) of this 1513
section, the offender is guilty of a misdemeanor of the fourth 1514
degree. In addition to any other sanction imposed for the offense, 1515
the court shall impose a class six suspension of the offender's 1516
driver's license, commercial driver's license, temporary 1517
instruction permit, probationary license, or nonresident operating 1518
privilege from the range specified in division (A)(6) of section 1519
4510.02 of the Revised Code. 1520

       (2) If, within one year of the offense, the offender 1521
previously has been convicted of or pleaded guilty to one or more 1522
violations of division (A) or (B) of this section or other 1523
equivalent offenses, the offender is guilty of a misdemeanor of 1524
the third degree. In addition to any other sanction imposed for 1525
the offense, the court shall impose a class four suspension of the 1526
offender's driver's license, commercial driver's license, 1527
temporary instruction permit, probationary license, or nonresident 1528
operating privilege from the range specified in division (A)(4) of 1529
section 4510.02 of the Revised Code. 1530

       (3) If the offender also is convicted of or also pleads 1531
guilty to a specification of the type described in section 1532
2941.1416 of the Revised Code and if the court imposes a jail term 1533
for the violation of division (B) of this section, the court shall 1534
impose upon the offender an additional definite jail term pursuant 1535
to division (E) of section 2929.24 of the Revised Code. 1536

       (I)(1) No court shall sentence an offender to an alcohol 1537
treatment program under this section unless the treatment program 1538
complies with the minimum standards for alcohol treatment programs 1539
adopted under Chapter 3793. of the Revised Code by the director of 1540
alcohol and drug addiction services. 1541

       (2) An offender who stays in a drivers' intervention program 1542
or in an alcohol treatment program under an order issued under 1543
this section shall pay the cost of the stay in the program. 1544
However, if the court determines that an offender who stays in an 1545
alcohol treatment program under an order issued under this section 1546
is unable to pay the cost of the stay in the program, the court 1547
may order that the cost be paid from the court's indigent drivers' 1548
alcohol treatment fund. 1549

       (J) If a person whose driver's or commercial driver's license 1550
or permit or nonresident operating privilege is suspended under 1551
this section files an appeal regarding any aspect of the person's 1552
trial or sentence, the appeal itself does not stay the operation 1553
of the suspension. 1554

       (K) Division (A)(1)(j) of this section does not apply to a 1555
person who operates a vehicle, streetcar, or trackless trolley 1556
while the person has a concentration of a listed controlled 1557
substance or a listed metabolite of a controlled substance in the 1558
person's whole blood, blood serum or plasma, or urine that equals 1559
or exceeds the amount specified in that division, if both of the 1560
following apply: 1561

       (1) The person obtained the controlled substance pursuant to 1562
a prescription issued by a licensed health professional authorized 1563
to prescribe drugs. 1564

       (2) The person injected, ingested, or inhaled the controlled 1565
substance in accordance with the health professional's directions. 1566

       (L) The prohibited concentrations of a controlled substance 1567
or a metabolite of a controlled substance listed in division 1568
(A)(1)(j) of this section also apply in a prosecution of a 1569
violation of division (D) of section 2923.16 of the Revised Code 1570
in the same manner as if the offender is being prosecuted for a 1571
prohibited concentration of alcohol. 1572

       (M) All terms defined in section 4510.01 of the Revised Code 1573
apply to this section. If the meaning of a term defined in section 1574
4510.01 of the Revised Code conflicts with the meaning of the same 1575
term as defined in section 4501.01 or 4511.01 of the Revised Code, 1576
the term as defined in section 4510.01 of the Revised Code applies 1577
to this section. 1578

       (N)(1) The Ohio Traffic Rules in effect on January 1, 2004, 1579
as adopted by the supreme court under authority of section 2937.46 1580
of the Revised Code, do not apply to felony violations of this 1581
section. Subject to division (N)(2) of this section, the Rules of 1582
Criminal Procedure apply to felony violations of this section. 1583

       (2) If, on or after January 1, 2004, the supreme court 1584
modifies the Ohio Traffic Rules to provide procedures to govern 1585
felony violations of this section, the modified rules shall apply 1586
to felony violations of this section. 1587

       Sec. 4511.193. (A) Twenty-five dollars of any fine imposed 1588
for a violation of a municipal OVI ordinance shall be deposited 1589
into the municipal or county indigent drivers alcohol treatment 1590
fund created pursuant to division (H) of section 4511.191 of the 1591
Revised Code in accordance with this section and section 733.40, 1592
divisions (A) and (B) of section 1901.024, division (F) of section 1593
1901.31, or division (C) of section 1907.20 of the Revised Code. 1594
Regardless of whether the fine is imposed by a municipal court, a 1595
mayor's court, or a juvenile court, if the fine was imposed for a 1596
violation of an ordinance of a municipal corporation that is 1597
within the jurisdiction of a municipal court, the twenty-five 1598
dollars that is subject to this section shall be deposited into 1599
the indigent drivers alcohol treatment fund of the municipal 1600
corporation in which is located the municipal court that has 1601
jurisdiction over that municipal corporation. Regardless of 1602
whether the fine is imposed by a county court, a mayor's court, or 1603
a juvenile court, if the fine was imposed for a violation of an 1604
ordinance of a municipal corporation that is within the 1605
jurisdiction of a county court, the twenty-five dollars that is 1606
subject to this section shall be deposited into the indigent 1607
drivers alcohol treatment fund of the county in which is located 1608
the county court that has jurisdiction over that municipal 1609
corporation. The deposit shall be made in accordance with section 1610
733.40, divisions (A) and (B) of section 1901.024, division (F) of 1611
section 1901.31, or division (C) of section 1907.20 of the Revised 1612
Code. 1613

       (B)(1) The requirements and sanctions imposed by divisions 1614
(B)(1) and (2) of this section are an adjunct to and derive from 1615
the state's exclusive authority over the registration and titling 1616
of motor vehicles and do not comprise a part of the criminal 1617
sentence to be imposed upon a person who violates a municipal OVI 1618
ordinance. 1619

       (2) If a person is convicted of or pleads guilty to a 1620
violation of a municipal OVI ordinance, if the vehicle the 1621
offender was operating at the time of the offense is registered in 1622
the offender's name, and if, within six years of the current 1623
offense, the offender has been convicted of or pleaded guilty to 1624
one or more violations of division (A) or (B) of section 4511.19 1625
of the Revised Code or one or more other equivalent offenses, the 1626
court, in addition to and independent of any sentence that it 1627
imposes upon the offender for the offense, shall do whichever of 1628
the following is applicable: 1629

       (a) Except as otherwise provided in division (B)(2)(b) of 1630
this section, if, within six years of the current offense, the 1631
offender has been convicted of or pleaded guilty to one violation 1632
described in division (B)(2) of this section, the court shall 1633
order the immobilization for ~~ninety days~~one year of that vehicle 1634
and the impoundment for ~~ninety days~~one year of the license plates 1635
of that vehicle. In addition, the court shall order the 1636
immobilization for one year of all other motor vehicles owned by 1637
or registered in the name of the offender and the impoundment for 1638
one year of the license plates of all such vehicles. If the 1639
vehicle the offender was operating at the time of the offense is 1640
not registered in the offender's name, the court shall order the 1641
immobilization for one year of all motor vehicles owned by or 1642
registered in the name of the offender and the impoundment for one 1643
year of the license plates of all such vehicles. The order for the 1644
immobilization and impoundment shall be issued and enforced in 1645
accordance with section 4503.233 of the Revised Code. 1646

       (b) If, within six years of the current offense, the offender 1647
has been convicted of or pleaded guilty to two or more violations 1648
described in division (B)(2) of this section, or if the offender 1649
previously has been convicted of or pleaded guilty to a violation 1650
of division (A) of section 4511.19 of the Revised Code under 1651
circumstances in which the violation was a felony and regardless 1652
of when the violation and the conviction or guilty plea occurred, 1653
the court shall order the criminal forfeiture to the state of that 1654
vehicle. The order of criminal forfeiture shall be issued and 1655
enforced in accordance with section 4503.234 of the Revised Code. 1656

       If the vehicle the offender was operating at the time of the 1657
offense is not registered in the offender's name, the court shall 1658
order the immobilization for one year of all motor vehicles owned 1659
by or registered in the name of the offender and the impoundment 1660
for one year of the license plates of all such vehicles. 1661

       Sec. 4511.198. (A) If a court grants bail to a person who is 1662
described in division (B) of this section and who is alleged to 1663
have committed a violation of division (A) of section 4511.19 of 1664
the Revised Code or of a substantially equivalent municipal 1665
ordinance, the court as a condition of bail shall prohibit the 1666
person from consuming any beer or intoxicating liquor and shall 1667
require the person to wear a monitor that provides continuous 1668
alcohol monitoring that is remote. The court shall require the 1669
person to wear the monitor until the person is convicted of, 1670
pleads guilty to, or is found not guilty of the alleged violation 1671
or the charges in the case are dismissed. Any consumption by the 1672
person of beer or intoxicating liquor prior to that time is 1673
grounds for revocation by the court of the person's bail. The 1674
person shall pay all costs associated with the monitor, including 1675
the cost of remote monitoring. 1676

       (B) This section applies to the following persons: 1677

       (1) A person who is alleged to have committed a violation of 1678
division (A) of section 4511.19 of the Revised Code and who, if 1679
convicted of the alleged violation, is required to be sentenced 1680
under division (G)(1)(b), (c), (d), or (e) of section 4511.19 of 1681
the Revised Code; 1682

       (2) A person who is alleged to have committed a violation of 1683
a municipal ordinance that is substantially equivalent to division 1684
(A) of section 4511.19 of the Revised Code and who, if the law 1685
enforcement officer who arrested and charged the person with the 1686
violation of the municipal ordinance instead had charged the 1687
person with a violation of division (A) of section 4511.19 of the 1688
Revised Code, would be required to be sentenced under division 1689
(G)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised 1690
Code. 1691

       Sec. 4511.203. (A) No person shall permit a motor vehicle 1692
owned by the person or under the person's control to be driven by 1693
another if any of the following apply: 1694

       (1) The ~~offender knows or has reasonable cause to believe~~ 1695
~~that the~~ other person does not have a valid driver's or commercial 1696
driver's license or permit or valid nonresident driving 1697
privileges. 1698

       (2) The ~~offender knows or has reasonable cause to believe~~ 1699
~~that the~~ other person's driver's or commercial driver's license or 1700
permit or nonresident operating privileges have been suspended or 1701
canceled under Chapter 4510. or any other provision of the Revised 1702
Code. 1703

       (3) The ~~offender knows or has reasonable cause to believe~~ 1704
~~that the~~ other person's act of driving the motor vehicle would 1705
violate any prohibition contained in Chapter 4509. of the Revised 1706
Code. 1707

       (4) The ~~offender knows or has reasonable cause to believe~~ 1708
~~that the~~ other person's act of driving would violate section 1709
4511.19 of the Revised Code or any substantially equivalent 1710
municipal ordinance. 1711

       (B) ~~Without limiting or precluding the consideration of any~~ 1712
~~other evidence in determining whether a violation of division~~ 1713
~~(A)(1), (2), (3), or (4) of this section has occurred, it shall be~~ 1714
~~prima-facie evidence that the offender knows or has reasonable~~ 1715
~~cause to believe that the operator of the motor vehicle owned by~~ 1716
~~the offender or under the offender's control is in a category~~ 1717
~~described in division (A)(1), (2), (3), or (4) of this section if~~ 1718
~~any of the following applies:~~ 1719

       ~~(1) Regarding an operator allegedly in the category described~~ 1720
~~in division (A)(1) or (3) of this section, the offender and the~~ 1721
~~operator of the motor vehicle reside in the same household and are~~ 1722
~~related by consanguinity or affinity.~~ 1723

       ~~(2) Regarding an operator allegedly in the category described~~ 1724
~~in division (A)(2) of this section, the offender and the operator~~ 1725
~~of the motor vehicle reside in the same household, and the~~ 1726
~~offender knows or has reasonable cause to believe that the~~ 1727
~~operator has been charged with or convicted of any violation of~~ 1728
~~law or ordinance, or has committed any other act or omission, that~~ 1729
~~would or could result in the suspension or cancellation of the~~ 1730
~~operator's license, permit, or privilege.~~ 1731

       ~~(3) Regarding an operator allegedly in the category described~~ 1732
~~in division (A)(4) of this section, the offender and the operator~~ 1733
~~of the motor vehicle occupied the motor vehicle together at the~~ 1734
~~time of the offense.~~ 1735

       ~~(C)~~ Whoever violates this section is guilty of wrongful 1736
entrustment of a motor vehicle, a misdemeanor of the first degree. 1737
In addition to the penalties imposed under Chapter 2929. of the 1738
Revised Code, the court shall impose a class seven suspension of 1739
the offender's driver's license, commercial driver's license, 1740
temporary instruction permit, probationary license, or nonresident 1741
operating privilege from the range specified in division (A)(7) of 1742
section 4510.02 of the Revised Code, and, if the vehicle involved 1743
in the offense is registered in the name of the offender, the 1744
court shall order one of the following: 1745

       (1) Except as otherwise provided in division ~~(C)~~(B)(2) or (3) 1746
of this section, the court shall order, for thirty days, the 1747
immobilization of the vehicle involved in the offense and the 1748
impoundment of that vehicle's license plates. The order shall be 1749
issued and enforced under section 4503.233 of the Revised Code. 1750

       (2) If the offender previously has been convicted of or 1751
pleaded guilty to one violation of this section or a substantially 1752
equivalent municipal ordinance, the court shall order, for sixty 1753
days, the immobilization of the vehicle involved in the offense 1754
and the impoundment of that vehicle's license plates. The order 1755
shall be issued and enforced under section 4503.233 of the Revised 1756
Code. 1757

       (3) If the offender previously has been convicted of or 1758
pleaded guilty to two or more violations of this section or a 1759
substantially equivalent municipal ordinance, the court shall 1760
order the criminal forfeiture to the state of the vehicle involved 1761
in the offense. The order shall be issued and enforced under 1762
section 4503.234 of the Revised Code. 1763

       If title to a motor vehicle that is subject to an order for 1764
criminal forfeiture under this division is assigned or transferred 1765
and division (B)(2) or (3) of section 4503.234 of the Revised Code 1766
applies, in addition to or independent of any other penalty 1767
established by law, the court may fine the offender the value of 1768
the vehicle as determined by publications of the national auto 1769
dealer's association. The proceeds from any fine imposed under 1770
this division shall be distributed in accordance with division 1771
(C)(2) of section 4503.234 of the Revised Code. 1772

       ~~(D)~~(C) If a court orders the immobilization of a vehicle 1773
under division ~~(C)~~(B) of this section, the court shall not release 1774
the vehicle from the immobilization before the termination of the 1775
period of immobilization ordered unless the court is presented 1776
with current proof of financial responsibility with respect to 1777
that vehicle. 1778

       ~~(E)~~(D) If a court orders the criminal forfeiture of a vehicle 1779
under division ~~(C)~~(B) of this section, upon receipt of the order 1780
from the court, neither the registrar of motor vehicles nor any 1781
deputy registrar shall accept any application for the registration 1782
or transfer of registration of any motor vehicle owned or leased 1783
by the person named in the order. The period of denial shall be 1784
five years after the date the order is issued, unless, during that 1785
five-year period, the court with jurisdiction of the offense that 1786
resulted in the order terminates the forfeiture and notifies the 1787
registrar of the termination. If the court terminates the 1788
forfeiture and notifies the registrar, the registrar shall take 1789
all necessary measures to permit the person to register a vehicle 1790
owned or leased by the person or to transfer the registration of 1791
the vehicle. 1792

       ~~(F)~~(E) This section does not apply to motor vehicle rental 1793
dealers or motor vehicle leasing dealers, as defined in section 1794
4549.65 of the Revised Code. 1795

       ~~(G)~~(F) Evidence of a conviction of, plea of guilty to, or 1796
adjudication as a delinquent child for a violation of this section 1797
or a substantially similar municipal ordinance shall not be 1798
admissible as evidence in any civil action that involves the 1799
offender or delinquent child who is the subject of the conviction, 1800
plea, or adjudication and that arises from the wrongful 1801
entrustment of a motor vehicle. 1802

       ~~(H) As used in~~For purposes of this section, a vehicle is 1803
owned by a person if, at the time of a violation of this section, 1804
the vehicle is registered in the person's name. 1805

       Section 2. That existing sections 4503.234, 4507.164, 1806
4510.13, 4511.19, 4511.193, and 4511.203 of the Revised Code are 1807
hereby repealed. 1808

Section 1. That sections 4503.234, 4507.164, 4510.13,	11
4511.19, 4511.193, and 4511.203 be amended and section 4511.198 of	12
the Revised Code be enacted to read as follows:	13

Sec. 4503.234. (A) If a court is required by section	14
4503.233, 4503.236, 4510.11, 4510.14, 4510.16, 4510.41, 4511.19,	15
4511.193, or 4511.203 of the Revised Code to order the criminal	16
forfeiture of a vehicle, the order shall be issued and enforced in	17
accordance with this division, subject to division (B) of this	18
section. An order of criminal forfeiture issued under this	19
division shall authorize an appropriate law enforcement agency to	20
seize the vehicle ordered criminally forfeited upon the terms and	21
conditions that the court determines proper. No vehicle ordered	22
criminally forfeited pursuant to this division shall be considered	23
contraband for purposes of section 2933.41, 2933.42, or 2933.43 of	24
the Revised Code, but the law enforcement agency that employs the	25
officer who seized it shall hold the vehicle for disposal in	26
accordance with this section. A forfeiture order may be issued	27
only after the offender has been provided with an opportunity to	28
be heard. The prosecuting attorney shall give the offender written	29
notice of the possibility of forfeiture by sending a copy of the	30
relevant uniform traffic ticket or other written notice to the	31
offender not less than seven days prior to the date of issuance of	32
the forfeiture order. A vehicle is subject to an order of criminal	33
forfeiture pursuant to this division upon the conviction of the	34
offender of or plea of guilty by the offender to a violation of	35
division (A) of section 4503.236, section 4510.11, 4510.14,	36
4510.16, or 4511.203, or division (A) of section 4511.19 of the	37
Revised Code, or a municipal ordinance that is substantially	38
equivalent to any of those sections or divisions.	39

(B)(1) Prior to the issuance of an order of criminal	40
forfeiture pursuant to this section, the law enforcement agency	41
that employs the law enforcement officer who seized the vehicle	42
shall conduct or cause to be conducted a search of the appropriate	43
public records that relate to the vehicle and shall make or cause	44
to be made reasonably diligent inquiries to identify any	45
lienholder or any person or entity with an ownership interest in	46
the vehicle. The court that is to issue the forfeiture order also	47
shall cause a notice of the potential order relative to the	48
vehicle and of the expected manner of disposition of the vehicle	49
after its forfeiture to be sent to any lienholder or person who is	50
known to the court to have any right, title, or interest in the	51
vehicle. The court shall give the notice by certified mail, return	52
receipt requested, or by personal service.	53

(2) No order of criminal forfeiture shall be issued pursuant	54
to this section if a lienholder or other person with an ownership	55
interest in the vehicle establishes to the court, by a	56
preponderance of the evidence after filing a motion with the	57
court, that the lienholder or other person neither knew nor should	58
have known after a reasonable inquiry that the vehicle would be	59
used or involved, or likely would be used or involved, in the	60
violation resulting in the issuance of the order of criminal	61
forfeiture or the violation of the order of immobilization issued	62
under section 4503.233 of the Revised Code, that the lienholder or	63
other person did not expressly or impliedly consent to the use or	64
involvement of the vehicle in that violation, and that the lien or	65
ownership interest was perfected pursuant to law prior to the	66
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	67
or 4511.203 of the Revised Code. If the lienholder or holder of	68
the ownership interest satisfies the court that these criteria	69
have been met, the court shall preserve the lienholder's or other	70
person's lien or interest, and the court either shall return the	71
vehicle to the holder, or shall order that the proceeds of any	72
sale held pursuant to division (C)(2) of this section be paid to	73
the lienholder or holder of the interest less the costs of	74
seizure, storage, and maintenance of the vehicle. The court shall	75
not return a vehicle to a lienholder or a holder of an ownership	76
interest unless the lienholder or holder submits an affidavit to	77
the court that states that the lienholder or holder will not	78
return the vehicle to the person from whom the vehicle was seized	79
pursuant to the order of criminal forfeiture or to any member of	80
that person's family and will not otherwise knowingly permit that	81
person or any member of that person's family to obtain possession	82
of the vehicle.	83

(3) No order of criminal forfeiture shall be issued pursuant	84
to this section if a person with an interest in the vehicle	85
establishes to the court, by a preponderance of the evidence after	86
filing a motion with the court, that the person neither knew nor	87
should have known after a reasonable inquiry that the vehicle had	88
been used or was involved in the violation resulting in the	89
issuance of the order of criminal forfeiture or the violation of	90
the order of immobilization issued under section 4503.233 of the	91
Revised Code, that the person did not expressly or impliedly	92
consent to the use or involvement of the vehicle in that	93
violation, that the interest was perfected in good faith and for	94
value pursuant to law between the time of the arrest of the	95
offender and the final disposition of the criminal charge in	96
question, and that the vehicle was in the possession of the	97
interest holder at the time of the perfection of the interest. If	98
the court is satisfied that the interest holder has met these	99
criteria, the court shall preserve the interest holder's interest,	100
and the court either shall return the vehicle to the interest	101
holder or order that the proceeds of any sale held pursuant to	102
division (C) of this section be paid to the holder of the interest	103
less the costs of seizure, storage, and maintenance of the	104
vehicle. The court shall not return a vehicle to an interest	105
holder unless the holder submits an affidavit to the court stating	106
that the holder will not return the vehicle to the person from	107
whom the holder acquired the holder's interest, nor to any member	108
of that person's family, and the holder will not otherwise	109
knowingly permit that person or any member of that person's family	110
to obtain possession of the vehicle.	111

(C) A vehicle ordered criminally forfeited to the state	112
pursuant to this section shall be disposed of as follows:	113

(1) It shall be given to the law enforcement agency that	114
employs the law enforcement officer who seized the vehicle, if	115
that agency desires to have it;	116

(2) If a vehicle is not disposed of pursuant to division	117
(C)(1) of this section, the vehicle shall be sold, without	118
appraisal, if the value of the vehicle is two thousand dollars or	119
more as determined by publications of the national auto dealer's	120
association, at a public auction to the highest bidder for cash.	121
Prior to the sale, the prosecuting attorney in the case shall	122
cause a notice of the proposed sale to be given in accordance with	123
law. The court shall cause notice of the sale of the vehicle to be	124
published in a newspaper of general circulation in the county in	125
which the court is located at least seven days prior to the date	126
of the sale. The proceeds of a sale under this division or	127
division (F) of this section shall be applied in the following	128
order:	129

(a) First, they shall be applied to the payment of the costs	130
incurred in connection with the seizure, storage, and maintenance	131
of, and provision of security for, the vehicle, any proceeding	132
arising out of the forfeiture, and if any, the sale.	133

(b) Second, the remaining proceeds after compliance with	134
division (C)(2)(a) of this section, shall be applied to the	135
payment of the value of any lien or ownership interest in the	136
vehicle preserved under division (B) of this section.	137

(c) Third, the remaining proceeds, after compliance with	138
divisions (C)(2)(a) and (b) of this section, shall be applied to	139
the appropriate funds in accordance with divisions (D)(1)(c) and	140
(2) of section 2933.43 of the Revised Code, provided that the	141
total of the amount so deposited under this division shall not	142
exceed one thousand dollars. The remaining proceeds deposited	143
under this division shall be used only for the purposes authorized	144
by those divisions and division (D)(3)(a)(ii) of that section.	145

(d) Fourth, the remaining proceeds after compliance with	146
divisions (C)(2)(a) and (b) of this section and after deposit of a	147
total amount of one thousand dollars under division (C)(2)(c) of	148
this section shall be applied so that fifty per cent of those	149
remaining proceeds is paid into the reparation fund established by	150
section 2743.191 of the Revised Code, twenty-five per cent is paid	151
into the drug abuse resistance education programs fund created by	152
division (F)(2)(e) of section 4511.191 of the Revised Code and	153
shall be used only for the purposes authorized by division	154
(F)(2)(e) of that section, and twenty-five per cent is applied to	155
the appropriate funds in accordance with division (D)(1)(c) of	156
section 2933.43 of the Revised Code. The proceeds deposited into	157
any fund described in section 2933.43 of the Revised Code shall be	158
used only for the purposes authorized by division (D)(1)(c), (2),	159
and (3)(a)(ii) of that section.	160

(D) Except as provided in division ~~(E)~~(D) of section 4511.203	161
of the Revised Code and notwithstanding any other provision of	162
law, neither the registrar of motor vehicles nor any deputy	163
registrar shall accept an application for the registration of any	164
motor vehicle in the name of any person, or register any motor	165
vehicle in the name of any person, if both of the following apply:	166

(1) Any vehicle registered in the person's name was	167
criminally forfeited under this section and section 4503.233,	168
4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41,	169
4511.19, 4511.193, or 4511.203 of the Revised Code;	170

(2) Less than five years have expired since the issuance of	171
the most recent order of criminal forfeiture issued in relation to	172
a vehicle registered in the person's name.	173

(E) If a court is required by section 4503.233, 4503.236,	174
4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19,	175
4511.193, or 4511.203 of the Revised Code to order the criminal	176
forfeiture to the state of a vehicle, and the title to the motor	177
vehicle is assigned or transferred, and division (B)(2) or (3) of	178
this section applies, in addition to or independent of any other	179
penalty established by law, the court may fine the offender the	180
value of the vehicle as determined by publications of the national	181
auto dealer's association. The proceeds from any fine imposed	182
under this division shall be distributed in accordance with	183
division (C)(2) of this section.	184

(F) As used in this section and divisions (D)(1)(c), (D)(2),	185
and (D)(3)(a)(ii) of section 2933.43 of the Revised Code in	186
relation to proceeds of the sale of a vehicle under division (C)	187
of this section, "prosecuting attorney" includes the prosecuting	188
attorney, village solicitor, city director of law, or similar	189
chief legal officer of a municipal corporation who prosecutes the	190
case resulting in the conviction or guilty plea in question.	191

(G) If the vehicle to be forfeited has an average retail	192
value of less than two thousand dollars as determined by	193
publications of the national auto dealer's association, no public	194
auction is required to be held. In such a case, the court may	195
direct that the vehicle be disposed of in any manner that it	196
considers appropriate, including assignment of the certificate of	197
title to the motor vehicle to a salvage dealer or a scrap metal	198
processing facility. The court shall not transfer the vehicle to	199
the person who is the vehicle's immediate previous owner.	200

If the court assigns the motor vehicle to a salvage dealer or	201
scrap metal processing facility and the court is in possession of	202
the certificate of title to the motor vehicle, it shall send the	203
assigned certificate of title to the motor vehicle to the clerk of	204
the court of common pleas of the county in which the salvage	205
dealer or scrap metal processing facility is located. The court	206
shall mark the face of the certificate of title with the words	207
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	208
of title to the salvage dealer or scrap metal processing facility	209
for its records.	210

If the court is not in possession of the certificate of title	211
to the motor vehicle, the court shall issue an order transferring	212
ownership of the motor vehicle to a salvage dealer or scrap metal	213
processing facility, send the order to the clerk of the court of	214
common pleas of the county in which the salvage dealer or scrap	215
metal processing facility is located, and send a photocopy of the	216
order to the salvage dealer or scrap metal processing facility for	217
its records. The clerk shall make the proper notations or entries	218
in the clerk's records concerning the disposition of the motor	219
vehicle.	220

Sec. 4507.164. (A) Except as provided in divisions (C) to	221
(E) of this section, when the license of any person is suspended	222
pursuant to any provision of the Revised Code other than division	223
(G) of section 4511.19 of the Revised Code and other than section	224
4510.07 of the Revised Code for a violation of a municipal OVI	225
ordinance, the trial judge may impound the identification license	226
plates of any motor vehicle registered in the name of the person.	227

(B)(1) When the license of any person is suspended pursuant	228
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	229
pursuant to section 4510.07 of the Revised Code for a municipal	230
OVI offense when the suspension is equivalent in length to the	231
suspension under division (G) of section 4511.19 of the Revised	232
Code that is specified in this division, the trial judge of the	233
court of record or the mayor of the mayor's court that suspended	234
the license may impound the identification license plates of any	235
motor vehicle registered in the name of the person.	236

(2) When the license of any person is suspended pursuant to	237
division (G)(1)(b) of section 4511.19 of the Revised Code, or	238
pursuant to section 4510.07 of the Revised Code for a municipal	239
OVI offense when the suspension is equivalent in length to the	240
suspension under division (G) of section 4511.19 of the Revised	241
Code that is specified in this division, the trial judge of the	242
court of record that suspended the license shall order the	243
impoundment of the identification license plates of the motor	244
vehicle the offender was operating at the time of the offense and	245
the immobilization of that vehicle in accordance with section	246
4503.233 and division (G)(1)(b) of section 4511.19 or division	247
(B)(2)(a) of section 4511.193 of the Revised Code ~~and may impound~~.	248
In addition, the trial judge of the court of record that suspended	249
the license shall order the immobilization for one year of all the	250
motor vehicles that are owned by or are registered in the name of	251
the offender and the impoundment for one year of the	252
identification license plates of ~~any other motor vehicle~~	253
~~registered in the name of the person whose license is suspended~~	254
all such vehicles in accordance with section 4503.233 and division	255
(G)(1)(b) of section 4511.19 or division (B)(2)(a) of section	256
4511.193 of the Revised Code.	257

(3) When the license of any person is suspended pursuant to	258
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	259
Code, or pursuant to section 4510.07 of the Revised Code for a	260
municipal OVI offense when the suspension is equivalent in length	261
to the suspension under division (G) of section 4511.19 of the	262
Revised Code that is specified in this division, the trial judge	263
of the court of record that suspended the license shall order the	264
criminal forfeiture to the state of the motor vehicle the offender	265
was operating at the time of the offense in accordance with	266
section 4503.234 and division (G)(1)(c), (d), or (e) of section	267
4511.19 or division (B)(2)(b) of section 4511.193 of the Revised	268
Code ~~and may impound~~. In addition, the trial judge of the court of	269
record that suspended the license shall order the immobilization	270
for one year of all the motor vehicles that are owned by or are	271
registered in the name of the offender and the impoundment for one	272
year of the identification license plates of ~~any other motor~~	273
~~vehicle registered in the name of the person whose license is~~	274
~~suspended~~all such vehicles in accordance with section 4503.233	275
and division (G)(1)(c), (d), or (e) of section 4511.19 or division	276
(B)(2)(b) of section 4511.193 of the Revised Code except for any	277
motor vehicle that is required to be forfeited to the state in	278
accordance with section 4503.234 and division (G)(1)(c), (d), or	279
(e) of section 4511.19 or division (B)(2)(b) of section 4511.193	280
of the Revised Code.	281

(C)(1) When a person is convicted of or pleads guilty to a	282
violation of section 4510.14 of the Revised Code or a	283
substantially equivalent municipal ordinance and division (B)(1)	284
or (2) of section 4510.14 or division (C)(1) or (2) of section	285
4510.161 of the Revised Code applies, the trial judge of the court	286
of record or the mayor of the mayor's court that imposes sentence	287
shall order the immobilization of the vehicle the person was	288
operating at the time of the offense and the impoundment of its	289
identification license plates in accordance with section 4503.233	290
and division (B)(1) or (2) of section 4510.14 or division (C)(1)	291
or (2) of section 4510.161 of the Revised Code and may impound the	292
identification license plates of any other vehicle registered in	293
the name of that person.	294

(2) When a person is convicted of or pleads guilty to a	295
violation of section 4510.14 of the Revised Code or a	296
substantially equivalent municipal ordinance and division (B)(3)	297
of section 4510.14 or division (C)(3) of section 4510.161 of the	298
Revised Code applies, the trial judge of the court of record that	299
imposes sentence shall order the criminal forfeiture to the state	300
of the vehicle the person was operating at the time of the offense	301
in accordance with section 4503.234 and division (B)(3) of section	302
4510.14 or division (C)(3) of section 4510.161 of the Revised Code	303
and may impound the identification license plates of any other	304
vehicle registered in the name of that person.	305

(D)~~(1)~~ When a person is convicted of or pleads guilty to a	306
violation of division (A) of section 4510.16 of the Revised Code	307
or a substantially equivalent municipal ordinance, division (B) of	308
section 4510.16 or division (B) of section 4510.161 of the Revised	309
Code applies in determining whether the immobilization of the	310
vehicle the person was operating at the time of the offense and	311
the impoundment of its identification license plates or the	312
criminal forfeiture to the state of the vehicle the person was	313
operating at the time of the offense is authorized or required.	314
The trial judge of the court of record or the mayor of the mayor's	315
court that imposes sentence may impound the identification license	316
plates of any other vehicle registered in the name of that person.	317

(E)(1) When a person is convicted of or pleads guilty to a	318
violation of section 4511.203 of the Revised Code and the person	319
is sentenced pursuant to division (C)(1) or (2) of section	320
4511.203 of the Revised Code, the trial judge of the court of	321
record or the mayor of the mayor's court that imposes sentence	322
shall order the immobilization of the vehicle that was involved in	323
the commission of the offense and the impoundment of its	324
identification license plates in accordance with division (C)(1)	325
or (2) of section 4511.203 and section 4503.233 of the Revised	326
Code and may impound the identification license plates of any	327
other vehicle registered in the name of that person.	328

(2) When a person is convicted of or pleads guilty to a	329
violation of section 4511.203 of the Revised Code and the person	330
is sentenced pursuant to division (C)(3) of section 4511.203 of	331
the Revised Code, the trial judge of the court of record or the	332
mayor of the mayor's court that imposes sentence shall order the	333
criminal forfeiture to the state of the vehicle that was involved	334
in the commission of the offense in accordance with division	335
(C)(3) of section 4511.203 and section 4503.234 of the Revised	336
Code and may impound the identification license plates of any	337
other vehicle registered in the name of that person.	338

(F) Except as provided in section 4503.233 or 4503.234 of the	339
Revised Code, when the certificate of registration, the	340
identification license plates, or both have been impounded,	341
division (B) of section 4507.02 of the Revised Code is applicable.	342