| Section 1. That sections 1547.11, 1547.111, 1547.99, | 47 |
| 4503.231, 4503.233, 4507.164, 4510.13, 4510.43, 4511.181, 4511.19, | 48 |
| 4511.191, 4511.192, 4511.193, and 4511.203 be amended and sections | 49 |
| 1547.112, 4503.235, 4511.198, 4511.199, and 5502.10 of the Revised | 50 |
| Code be enacted to read as follows: | 51 |
| (i) The person is under the influence of alcohol, a drug of | 122 |
| abuse, or a combination of them, and, as measured by gas | 123 |
| chromatography mass spectrometry, the person has a concentration | 124 |
| of marihuana metabolite in the person's urine of at least fifteen | 125 |
| nanograms of marihuana metabolite per milliliter of the person's | 126 |
| urine or has a concentration of marihuana metabolite in the | 127 |
| person's whole blood or blood serum or plasma of at least five | 128 |
| nanograms of marihuana metabolite per milliliter of the person's | 129 |
| whole blood or blood serum or plasma. | 130 |
| (D)(1)(a) In any criminal prosecution or juvenile court | 175 |
| proceeding for a violation of division (A) or (B) of this section | 176 |
| or for an equivalent offense that is watercraft-related, the | 177 |
| result of any test of any blood or urine withdrawn and analyzed at | 178 |
| any health care provider, as defined in section 2317.02 of the | 179 |
| Revised Code, may be admitted with expert testimony to be | 180 |
| considered with any other relevant and competent evidence in | 181 |
| determining the guilt or innocence of the defendant. | 182 |
| (b) In any criminal prosecution
or juvenile court
proceeding | 183 |
| for a violation of
division (A) or (B) of this
section
or
for an | 184 |
equivalent
violationoffense that is watercraft-related, the court | 185 |
| may admit evidence on
the concentration of
alcohol,
drugs of | 186 |
| abuse, controlled substances, metabolites of a controlled | 187 |
| substance,
or a
combination of
them in the
defendant's
or child's | 188 |
| whole blood,
blood serum or
plasma, urine,
or
breath at the time | 189 |
| of the alleged violation as
shown by
chemical
analysis of the
| 190 |
|
substance
withdrawn, or
specimen taken
within
three hours of the | 191 |
|
time of the alleged
violation. The three-hour time limit specified | 192 |
| in this division regarding the admission of evidence does not | 193 |
| extend or affect the two-hour time limit specified in division (C) | 194 |
| of section 1547.111 of the Revised Code as the maximum period of | 195 |
| time during which a person may consent to a chemical test or tests | 196 |
| as described in that section. The court may submit evidence on the | 197 |
| concentration of alcohol, drugs of abuse, or a combination of them | 198 |
| as described in this division when | 199 |
When a person submits to a blood, breath, urine, or other | 200 |
bodily substance test, onlyat the request of a law enforcement | 201 |
| officer under section 1547.111 of the Revised Code or a blood or | 202 |
| urine sample is obtained pursuant to a search warrant. Only a | 203 |
| physician,
a
registered nurse, or
a qualified technician,
chemist, | 204 |
|
or
phlebotomist shall
withdraw blood for the purpose of | 205 |
| determining
the alcohol, drug, controlled substance, metabolite of | 206 |
| a controlled substance,
or combination
content
of
the whole
blood, | 207 |
|
blood serum, or blood plasma. This
limitation
does not
apply to | 208 |
|
the taking
of breath or urine specimens. A
person
authorized to | 209 |
|
withdraw blood
under this division may refuse
to
withdraw blood
| 210 |
|
under
this division
if, in
that person's
opinion, the
physical | 211 |
|
welfare of the
defendant or
child would be
endangered by | 212 |
|
withdrawing
blood. | 213 |
| (2)
In a criminal prosecution or juvenile court
proceeding | 219 |
for a violation of division (A) of this section or for
a
violation | 220 |
of a prohibition that is substantiallyan equivalent to
division | 221 |
(A)
of this sectionoffense that is watercraft-related, if there | 222 |
| was at the time the
bodily substance was
taken a
concentration of | 223 |
|
less than
the
applicable concentration
of
alcohol specified
for a | 224 |
|
violation of
division (A)(2), (3), (4),
or
(5) of this
section or | 225 |
| less than the applicable concentration of a listed controlled | 226 |
| substance or a listed metabolite of a controlled substance | 227 |
| specified for a violation of division (A)(6) of this section,
that | 228 |
| fact may
be considered with other
competent evidence
in | 229 |
|
determining the
guilt or innocence of the
defendant
or in making | 230 |
|
an
adjudication
for the child.
This
division
does not limit or | 231 |
|
affect a
criminal
prosecution or
juvenile court
proceeding for a | 232 |
|
violation of
division
(B) of this
section or for
a violation of a | 233 |
|
prohibition
that is
substantially
equivalent to
that division. | 234 |
TheIf the chemical test was administered pursuant to | 239 |
| division (D)(1)(b) of this section, the person tested may have a | 240 |
| physician,
a registered nurse,
or
a qualified technician, chemist, | 241 |
|
or
phlebotomist of the
person's own
choosing administer
a chemical | 242 |
| test or tests in
addition to any administered at the
direction of | 243 |
| a law enforcement
officer, and shall be so advised.
The failure or | 244 |
| inability to
obtain an additional test by a person
shall not | 245 |
| preclude the
admission of evidence relating to the test
or tests | 246 |
| taken at the
direction of a law enforcement officer. | 247 |
| (E)(1) In any criminal prosecution or juvenile court | 248 |
|
proceeding for a violation of division (A) or (B) of this section | 249 |
or for an equivalent violation, of a municipal ordinance relating | 250 |
| to operating or being in physical control of any vessel underway | 251 |
| or to manipulating any water skis, aquaplane, or similar device on | 252 |
| the waters of this state while under the influence of alcohol, a | 253 |
| drug of abuse, or a combination of them, or of a municipal | 254 |
| ordinance relating to operating or being in physical control of | 255 |
| any vessel underway or to manipulating any water skis, aquaplane, | 256 |
| or similar device on the waters of this state with a prohibited | 257 |
| concentration of alcohol, a controlled substance, or a metabolite | 258 |
| of a controlled substance in the whole blood, blood serum or | 259 |
| plasma, breath, or urine, if a law enforcement officer has | 260 |
|
administered a field
sobriety test to the operator or person found | 261 |
|
to be in physical
control of the vessel underway involved in the | 262 |
|
violation or the
person manipulating the water skis, aquaplane, or | 263 |
|
similar device
involved in the violation and if it is shown by | 264 |
|
clear and convincing evidence that the officer
administered the | 265 |
|
test
in substantial compliance with the testing
standards for | 266 |
|
reliable, credible, and generally accepted field
sobriety tests | 267 |
|
for vehicles that were in effect at the time the
tests were | 268 |
|
administered, including, but not limited to, any
testing standards | 269 |
|
then in effect that have been set by the
national
highway traffic | 270 |
|
safety administration, that by their
nature are not
clearly | 271 |
|
inapplicable regarding the operation or
physical control
of | 272 |
|
vessels underway or the manipulation of water
skis, aquaplanes,
or | 273 |
|
similar devices, all of the following apply: | 274 |
| (F)(1)
Subject to division
(F)(3) of this section, in
any | 293 |
|
criminal prosecution or juvenile court proceeding for a violation | 294 |
|
of division (A) or (B) of this
section or for an equivalent | 295 |
violationoffense that is substantially equivalent to either of | 296 |
| those divisions, the court shall
admit as prima-facie
evidence a | 297 |
| laboratory report from any
laboratory
personnel issued a permit by | 298 |
| the department of health authorizing an analysis as described in | 299 |
| this division that
contains an analysis of
the whole blood, blood | 300 |
| serum or plasma,
breath, urine, or other
bodily substance tested | 301 |
| and that contains
all of the information
specified in this | 302 |
| division. The laboratory
report shall contain
all of the | 303 |
| following: | 304 |
| (2) Notwithstanding any other provision of law regarding the | 322 |
|
admission of
evidence, a report of
the type described in division | 323 |
|
(F)(1) of this section is not
admissible against the
defendant
or | 324 |
|
child to whom it pertains in any proceeding, other than a | 325 |
|
preliminary
hearing or a grand jury proceeding, unless the | 326 |
|
prosecutor has served a copy of the report on the
defendant's or | 327 |
|
child's attorney or, if the defendant or child has no attorney,
on | 328 |
|
the defendant or child. | 329 |
| (3) A report of the type described in division
(F)(1) of
this | 330 |
|
section shall not be prima-facie evidence of the contents, | 331 |
|
identity, or amount of any substance if, within seven days after | 332 |
|
the defendant or child to whom the report pertains or the | 333 |
|
defendant's
or child's attorney receives a copy of the report, the | 334 |
|
defendant or child or
the defendant's or child's attorney demands | 335 |
|
the testimony of the person who
signed the report. The judge in | 336 |
|
the case may extend the seven-day
time limit in the interest of | 337 |
|
justice. | 338 |
| (G) Except as otherwise provided in this division, any | 339 |
|
physician, registered nurse, or qualified technician,
chemist,
or | 340 |
|
phlebotomist who withdraws blood from a person
pursuant to this | 341 |
|
section or section 1547.111 of the Revised Code, and a hospital, | 342 |
| first-aid station, or clinic at which
blood is withdrawn from a | 343 |
| person pursuant to this section or section 1547.111 of the Revised | 344 |
| Code, is
immune from criminal
and
civil liability
based upon a | 345 |
| claim of
assault and battery or
any
other
claim that is not
a | 346 |
| claim of
malpractice, for
any
act performed in withdrawing blood | 347 |
| from the
person.
The immunity
provided in this division is not | 348 |
| available to
a person who
withdraws blood if the person engages in | 349 |
| willful or
wanton
misconduct. | 350 |
| (H) Division (A)(6) of this section does not apply to a | 351 |
| person who operates or is in physical control of a vessel underway | 352 |
| or manipulates any water skis, aquaplane, or similar device while | 353 |
| the person has a concentration of a listed controlled substance or | 354 |
| a listed metabolite of a controlled substance in the person's | 355 |
| whole blood, blood serum or plasma, or urine that equals or | 356 |
| exceeds the amount specified in that division, if both of the | 357 |
| following apply: | 358 |
| (b) A violation of a municipal ordinance prohibiting a person | 387 |
| from operating or being in physical control of any vessel underway | 388 |
| or from manipulating any water skis, aquaplane, or similar device | 389 |
| on the waters of this state while under the influence of alcohol, | 390 |
| a drug of abuse, or a combination of them or prohibiting a person | 391 |
| from operating or being in physical control of any vessel underway | 392 |
| or from manipulating any water skis, aquaplane, or similar device | 393 |
| on the waters of this state with a prohibited concentration of | 394 |
| alcohol, a controlled substance, or a metabolite of a controlled | 395 |
| substance in the whole blood, blood serum or plasma, breath, or | 396 |
| urine; | 397 |
| Sec. 1547.111. (A)(1)(a) Any person who operates
or is in | 403 |
|
physical
control of a vessel or
manipulates any water skis, | 404 |
|
aquaplane, or
similar device upon any waters
in this state shall | 405 |
|
be deemed to
have given consent to a chemical
test or tests
to | 406 |
|
determine the
alcohol, drug of abuse,
controlled substance, | 407 |
| metabolite of a controlled substance, or
combination content
of | 408 |
|
the person's whole blood, blood serum or plasma,
breath, or
urine | 409 |
|
if arrested
for
operating
or being
in physical
control of a vessel | 410 |
| or
manipulating any water
skis,
aquaplane, or
similar device in | 411 |
| violation of section 1547.11
of
the Revised Code
or a | 412 |
| substantially equivalent municipal
ordinance. | 413 |
(2)(b)
The test or tests
under division (A)(1) of this | 414 |
section
shall be
administered at the
directionrequest of a law | 415 |
| enforcement
officer having reasonable grounds
to believe the | 416 |
| person
was
operating
or in
physical control of a vessel or
| 417 |
|
manipulating
any
water skis, aquaplane, or similar device in | 418 |
|
violation of
section
1547.11 of the Revised Code
or a | 419 |
|
substantially equivalent
municipal
ordinance. The law enforcement | 420 |
|
agency
by which the
officer is employed shall designate which
test | 421 |
|
or tests shall be
administered. | 422 |
| (B)(1) If a law enforcement officer arrests a person for | 428 |
| operating or being in physical control of a vessel or manipulating | 429 |
| any water skis, aquaplane, or similar device in violation of | 430 |
| section 1547.11 of the Revised Code or a substantially equivalent | 431 |
| municipal ordinance and if the person previously has been | 432 |
| convicted of or pleaded guilty to two or more violations of | 433 |
| section 1547.11 of the Revised Code or other equivalent offenses, | 434 |
| the law enforcement officer shall request the person to submit, | 435 |
| and the person shall submit, to a chemical test or tests of the | 436 |
| person's whole blood, blood serum or plasma, breath, or urine for | 437 |
| the purpose of determining the alcohol, drug of abuse, controlled | 438 |
| substance, metabolite of a controlled substance, or combination | 439 |
| content of the person's whole blood, blood serum or plasma, | 440 |
| breath, or urine. A law enforcement officer who makes a request | 441 |
| pursuant to this division that a person submit to a chemical test | 442 |
| or tests is not required to advise the person of the consequences | 443 |
| of refusing to submit to the test or tests and is not required to | 444 |
| give the person the form described in division (C) of this | 445 |
| section, but the officer shall advise the person at the time of | 446 |
| the arrest that the person may have an independent chemical test | 447 |
| taken. Divisions (A)(1)(b) and (A)(2) of this section apply to the | 448 |
| administration of a chemical test or tests pursuant to this | 449 |
| division. | 450 |
|
(2) If a person refuses to submit to a chemical test upon a | 451 |
| request made pursuant to division (B)(1) of this section, the law | 452 |
| enforcement officer who made the request may employ whatever | 453 |
| reasonable means are necessary to ensure that the person submits | 454 |
| to a chemical test of the person's whole blood or blood serum or | 455 |
| plasma. A law enforcement officer who acts pursuant to this | 456 |
| division to ensure that a person submits to a chemical test of the | 457 |
| person's whole blood or blood serum or plasma is immune from | 458 |
| criminal and civil liability based upon a claim for assault and | 459 |
| battery or any other claim for the acts, unless the officer so | 460 |
| acted with malicious purpose, in bad faith, or in a wanton or | 461 |
| reckless manner. | 462 |
(C) AnyExcept as provided in division (B) of this section, | 463 |
| any person under arrest for
violating section 1547.11
of the | 464 |
| Revised Code
or a
substantially equivalent municipal
ordinance | 465 |
| shall be advised
of
the consequences of refusing to
submit to a | 466 |
|
chemical test
or tests
designated
as provided in
division
(A) of | 467 |
| this section. The advice shall be in a written
form
prescribed by | 468 |
| the chief of the division of watercraft and
shall
be
read to the | 469 |
| person. The form shall contain a statement
that
the
form was shown | 470 |
| to the person under arrest and read to the
person
by the arresting | 471 |
| officer. The
reading of the form shall
be witnessed by one or
more | 472 |
|
persons, and the witnesses shall
certify to this fact by
signing | 473 |
|
the form. The person must submit to the chemical test or tests, | 474 |
| subsequent to the request of the arresting officer, within two | 475 |
| hours of the time of the alleged violation, and if the person does | 476 |
| not submit to the test or tests within that two-hour time limit, | 477 |
| the failure to submit automatically constitutes a refusal to | 478 |
| submit to the test or tests. | 479 |
(D) IfExcept as provided in division (B) of this section, if | 480 |
| a
law enforcement officer asks a person under arrest
for
violating | 481 |
| section
1547.11 of the Revised Code
or a
substantially equivalent | 482 |
| municipal
ordinance to submit to a
chemical test
or tests as | 483 |
|
provided in
division
(A) of this
section,
if the arresting
officer | 484 |
|
advises
the person of the
consequences of
the
person's refusal as | 485 |
|
provided in division (C)
of
this section,
and if the person | 486 |
|
refuses to submit, no chemical
test
shall be
given.
Upon receipt | 487 |
| of
a sworn statement of
the
officer that the
arresting law | 488 |
| enforcement officer had
reasonable
grounds to believe the arrested | 489 |
| person
violated section 1547.11
of the Revised Code or
a | 490 |
| substantially
equivalent municipal
ordinance and that the person | 491 |
|
refused to
submit to the chemical
test upon
the
request of the
| 492 |
| officer, and upon receipt of the
form as provided in
division (C) | 493 |
| of this section certifying that
the arrested person
was advised of | 494 |
| the consequences of the
refusal,
the chief of the
division of | 495 |
| watercraft shall inform the
person by written notice
that the | 496 |
|
person is prohibited from
operating
or being in physical
control | 497 |
| of a
vessel,
from
manipulating
any
water skis,
aquaplane, or | 498 |
|
similar device, and
from
registering
any watercraft
in accordance | 499 |
| with section 1547.54
of
the Revised
Code, for one
year following | 500 |
| the date of the
alleged
violation.
The suspension of these | 501 |
|
operation,
physical
control,
manipulation, and
registration | 502 |
| privileges
shall
continue
for
the entire
one-year
period, subject | 503 |
| to review as
provided in
this
section. | 504 |
| If the person under arrest is the owner of the vessel | 505 |
|
involved in the alleged violation, the
law enforcement officer who | 506 |
|
arrested the person shall
seize the watercraft registration | 507 |
|
certificate and tags from the
vessel involved in the violation and | 508 |
|
forward them to the chief. The chief shall retain the
impounded | 509 |
|
registration certificate and tags and shall impound
all other | 510 |
|
registration
certificates and tags issued to the person in | 511 |
|
accordance with sections 1547.54 and 1547.57 of the Revised Code, | 512 |
|
for a period of one year following the date of the alleged | 513 |
|
violation,
subject to review as provided in this section. | 514 |
| If the arrested person fails to surrender the
registration | 515 |
|
certificate because it is not on the person of the
arrested person | 516 |
|
or in the watercraft, the law enforcement
officer who made the | 517 |
|
arrest shall order the person to
surrender it within twenty-four | 518 |
|
hours to the law enforcement officer or the
law enforcement agency | 519 |
|
that employs the law enforcement officer.
If the person fails to | 520 |
|
do so, the law
enforcement officer shall notify the chief of that | 521 |
|
fact in the
statement the officer submits to the chief under this | 522 |
|
division. | 523 |
| (E) Upon suspending a person's operation,
physical control,
| 524 |
|
manipulation,
and
registration privileges in accordance with | 525 |
|
division (D)
of this
section, the chief shall notify the
person in | 526 |
|
writing, at
the person's last known address, and
inform the person | 527 |
|
that the
person may
petition for a hearing in accordance with | 528 |
|
division (F)
of this section. If a
person whose operation, | 529 |
|
physical control,
manipulation,
and registration
privileges
have | 530 |
| been suspended
petitions for
a hearing or appeals any
adverse | 531 |
|
decision, the suspension
shall
begin at the
termination
of any | 532 |
|
hearing or appeal unless the
hearing or appeal
results in a | 533 |
|
decision
favorable to the person. | 534 |
| (F) Any person who has been notified by the chief that the | 535 |
|
person is prohibited from
operating
or being in physical control | 536 |
|
of a vessel or
manipulating any
water skis, aquaplane, or
similar | 537 |
|
device
and
from registering any watercraft in accordance
with | 538 |
| section
1547.54 of the Revised Code, or who has had the | 539 |
|
registration
certificate and tags of the person's watercraft | 540 |
|
impounded
pursuant
to
division (D) of this section, within twenty | 541 |
|
days of the
notification or impoundment, may file a petition in | 542 |
|
the municipal
court or the county court, or if the person is a | 543 |
|
minor
in juvenile
court,
with jurisdiction
over the place
at
which | 544 |
| the
arrest
occurred,
agreeing to pay the cost of the
proceedings | 545 |
| and
alleging
error in
the action taken by the chief
under
division | 546 |
| (D)
of this
section or alleging one or more of the
matters within | 547 |
| the
scope of
the hearing as provided in this
section, or both. The | 548 |
|
petitioner
shall notify the chief of the
filing of the
petition | 549 |
|
and send
the
chief a copy of the petition. | 550 |
| The scope of the hearing is limited to the issues of
whether | 551 |
|
the law enforcement officer had reasonable grounds to
believe the | 552 |
|
petitioner was operating
or in physical control of a vessel
or
| 553 |
|
manipulating any water
skis, aquaplane, or similar device
in | 554 |
|
violation of
section 1547.11
of the Revised Code or a | 555 |
|
substantially equivalent municipal
ordinance,
whether the | 556 |
|
petitioner was placed under arrest, whether
the petitioner
refused | 557 |
|
to submit to the chemical test upon request
of the
officer, and | 558 |
|
whether the petitioner was advised of the
consequences of the | 559 |
|
petitioner's refusal. | 560 |
| (2) In hearing the matter and in determining whether the | 564 |
|
person has shown error in the decision taken by the chief as | 565 |
|
provided in
division (D) of this
section, the court shall decide | 566 |
|
the issue upon the relevant,
competent, and material evidence | 567 |
|
submitted by the chief or the person whose
operation,
physical | 568 |
|
control,
manipulation,
and
registration privileges have been | 569 |
|
suspended. | 570 |
| In the proceedings, the chief shall be represented by
the | 571 |
|
prosecuting attorney of the county in which the petition is
filed | 572 |
|
if the petition is filed in a county court or juvenile
court, | 573 |
|
except that if the arrest occurred within a city or
village within | 574 |
|
the jurisdiction of the county court in which the
petition is | 575 |
|
filed, the city director of law or village solicitor
of that city | 576 |
|
or village shall represent the chief. If the
petition is filed in | 577 |
|
the municipal court, the chief shall be
represented as provided in | 578 |
|
section 1901.34 of the
Revised
Code. | 579 |
| (3) If the court finds from the evidence submitted that
the | 580 |
|
person has failed to show error in the action taken by the
chief | 581 |
|
under division (D) of this
section or in one or more of the | 582 |
|
matters within the scope of the
hearing as provided in division | 583 |
|
(F) of this section, or both,
the court shall assess the cost of | 584 |
|
the proceeding against
the person and shall uphold the suspension | 585 |
|
of the operation,
physical
control, use, and registration | 586 |
|
privileges provided in division (D)
of this
section. If the court | 587 |
|
finds that the person has shown error in
the action taken by the | 588 |
|
chief under
division (D) of this section or in one or more of the | 589 |
|
matters
within the scope of the hearing as provided in division | 590 |
|
(F) of
this section, or both, the cost of the proceedings shall be | 591 |
|
paid
out of the county treasury of the county in which the | 592 |
|
proceedings
were held,
the chief shall reinstate the operation, | 593 |
|
physical
control,
manipulation,
and registration privileges of
the | 594 |
|
person
without charge, and
the chief shall
return the
registration | 595 |
|
certificate and tags, if impounded,
without charge. | 596 |
| (H) At the end of any period of suspension or impoundment | 599 |
|
imposed under this section, and upon request of the person whose | 600 |
|
operation,
physical control, use,
and registration privileges
were | 601 |
|
suspended or
whose registration certificate and tags were | 602 |
|
impounded, the chief
shall reinstate the person's
operation, | 603 |
|
physical control,
manipulation, and registration privileges by | 604 |
|
written
notice and
return the certificate and tags. | 605 |
| (I) No person who has received written notice from the
chief | 606 |
|
that the person is
prohibited from operating
or being in physical | 607 |
|
control of a vessel,
from
manipulating any water skis,
aquaplane, | 608 |
| or
similar
device, and from registering a watercraft,
or who has | 609 |
| had
the
registration certificate and tags of the
person's | 610 |
| watercraft
impounded, in
accordance with division (D) of
this | 611 |
| section, shall
operate
or be in
physical control of a vessel
or
| 612 |
|
manipulate any water
skis, aquaplane, or
similar device for
a | 613 |
| period of one year
following the date of the person's
alleged | 614 |
|
violation of section
1547.11 of the Revised Code
or the | 615 |
|
substantially equivalent
municipal ordinance. | 616 |
| Sec. 1547.112. A law enforcement officer who arrests a | 617 |
| person for a violation of division (A) or (B) of section 1547.11 | 618 |
| of the Revised Code or a violation of a municipal ordinance, law | 619 |
| of another state, or law of the United States that is | 620 |
| substantially equivalent to division (A) or (B) of section 1547.11 | 621 |
| of the Revised Code shall send to the department of public safety, | 622 |
| within forty-eight hours after the arrest of the person, a sworn | 623 |
| report in accordance with section 5502.10 of the Revised Code. | 624 |
| (F) Whoever violates division (M) of section 1547.54, | 640 |
|
division (G) of section 1547.30, or section 1547.131, 1547.25, | 641 |
|
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92 | 642 |
|
of the
Revised Code or a rule adopted under division (A)(2) of | 643 |
|
section
1547.52 of the Revised Code is guilty of a misdemeanor of | 644 |
|
the
fourth degree. | 645 |
| The court may suspend the execution of the mandatory
jail | 655 |
|
term of three
consecutive days
that it is required
to impose by | 656 |
|
division (G)(1) of this section if the court, in
lieu
of the | 657 |
|
suspended
jail term, places the offender
under a community control | 658 |
| sanction pursuant to section
2929.25 of the Revised Code
and | 659 |
| requires the
offender to attend,
for three consecutive days, a | 660 |
|
drivers'
intervention program that
is certified pursuant to | 661 |
|
section
3793.10 of the Revised Code. The
court also may suspend | 662 |
|
the
execution of any part of the mandatory
jail term of three | 663 |
| consecutive days
that it is
required to impose by division
(G)(1) | 664 |
|
of this section if
the court
places the offender
under a community | 665 |
| control
sanction pursuant to section 2929.25 of the Revised Code | 666 |
| for
part
of the three
consecutive days; requires the offender to | 667 |
|
attend,
for that part
of the three consecutive days, a drivers' | 668 |
|
intervention program
that is certified pursuant to section 3793.10 | 669 |
|
of the Revised
Code; and sentences the offender to a
jail term
| 670 |
| equal
to the remainder of the three consecutive days
that the | 671 |
| offender
does not spend attending the drivers'
intervention | 672 |
| program. The
court may require the offender, as a
condition of
| 673 |
|
community control, to
attend and
satisfactorily complete any | 674 |
|
treatment or education
programs, in
addition to the required | 675 |
|
attendance at a drivers'
intervention
program, that the operators | 676 |
|
of the drivers'
intervention program
determine that the offender | 677 |
|
should attend
and to report
periodically to the court on the | 678 |
|
offender's progress
in the
programs. The court also may impose
any | 679 |
| other conditions of
community control on the offender that it | 680 |
|
considers
necessary. | 681 |
| (2) If, within
six years of the offense, the offender
has | 682 |
|
been convicted of or pleaded guilty to one violation of
section | 683 |
1547.11 of the Revised Code, of a municipal ordinance
relating to | 684 |
operating a watercraft or manipulating any water skis,
aquaplane, | 685 |
or similar device while under the influence of alcohol,
a drug of | 686 |
abuse, or
a combination of
them, of a municipal ordinance
relating | 687 |
to operating a watercraft
or manipulating any water
skis, | 688 |
aquaplane, or similar device with
a prohibited
concentration of | 689 |
alcohol, a controlled substance, or a metabolite of a controlled | 690 |
substance in the
whole blood,
blood
serum or plasma, breath, or | 691 |
urine, of division
(A)(1) of
section
2903.06 of the Revised Code, | 692 |
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the | 693 |
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as | 694 |
they existed prior to March 23,
2000, in a case in which
the jury | 695 |
or judge found that the offender
was under the influence
of | 696 |
alcohol, a drug of abuse, or
a combination of themor one other | 697 |
| equivalent offense, the
court
shall
sentence the offender to a | 698 |
|
jail term
of
ten
consecutive
days and may sentence the offender | 699 |
| pursuant to
section
2929.24 of
the Revised Code to a longer
jail | 700 |
| term. In
addition,
the court shall impose upon the
offender a fine | 701 |
| of not
less than
one hundred fifty nor more than
one thousand | 702 |
| dollars. | 703 |
| (3) If, within
six years of the offense, the offender
has | 708 |
|
been convicted of or pleaded guilty to more than one violation or | 709 |
| offense
identified in
division (G)(2) of this section,
the court | 710 |
| shall
sentence the offender to a
jail term
of thirty
consecutive | 711 |
| days and may sentence the
offender to a longer
jail
term
of not | 712 |
| more than one
year. In addition, the
court
shall impose upon the | 713 |
| offender a
fine of not less than one
hundred
fifty nor more than | 714 |
| one
thousand dollars. | 715 |
| (4) Upon a showing that
serving a jail term
would seriously | 720 |
|
affect
the ability of an offender sentenced
pursuant to division | 721 |
|
(G)(1),
(2), or (3) of this section to
continue the offender's | 722 |
|
employment,
the court may authorize that
the offender be granted | 723 |
| work release
after the
offender has served the
mandatory jail term | 724 |
| of three, ten,
or
thirty consecutive days
that the court is | 725 |
|
required
by division (G)(1), (2), or (3) of this section to | 726 |
|
impose. No
court shall authorize work release
during the
mandatory | 727 |
| jail term of
three, ten, or thirty consecutive days
that the
court | 728 |
| is required by division (G)(1), (2),
or (3) of
this section
to | 729 |
| impose. The duration of the work
release shall
not exceed the
time | 730 |
| necessary each day for the
offender to
commute to and from
the | 731 |
| place of employment and the
place
in which the jail term is served | 732 |
| and the
time
actually spent under employment. | 733 |
| (5) Notwithstanding any section of the Revised Code that | 734 |
|
authorizes the suspension of the imposition or execution of a | 735 |
|
sentence or the placement of an offender in any treatment program | 736 |
|
in lieu of
being imprisoned or serving a jail term,
no court shall | 737 |
| suspend the
mandatory jail term of ten or thirty
consecutive days
| 738 |
| required to be imposed by
division (G)(2) or (3) of this section | 739 |
| or place an offender who
is
sentenced pursuant to division (G)(2) | 740 |
| or (3) of this section
in
any treatment program in lieu of
being | 741 |
| imprisoned or
serving a jail term until after the
offender has | 742 |
| served the
mandatory jail term of ten or thirty consecutive days
| 743 |
| required to be imposed pursuant to division (G)(2)
or
(3) of this | 744 |
| section. Notwithstanding any section of the
Revised
Code that | 745 |
| authorizes the suspension of the imposition or
execution
of a | 746 |
| sentence or the placement of an offender in any
treatment
program | 747 |
| in lieu of
being imprisoned or serving a jail
term, no court, | 748 |
| except as
specifically
authorized by division
(G)(1) of this | 749 |
| section, shall
suspend the
mandatory jail term of
three | 750 |
| consecutive days
required to be
imposed by
division (G)(1) of this | 751 |
| section or place an offender
who is
sentenced pursuant to division | 752 |
| (G)(1) of this section in
any
treatment program in lieu of | 753 |
| imprisonment until after the
offender
has served the
mandatory | 754 |
| jail term of three consecutive days
required to
be imposed | 755 |
| pursuant to division (G)(1) of
this
section. | 756 |
| (H) Whoever violates section 1547.304 of the Revised Code
is | 762 |
|
guilty of a misdemeanor of the fourth degree and also shall be | 763 |
|
assessed any costs incurred by the state or a county, township, | 764 |
|
municipal corporation, or other political subdivision in
disposing | 765 |
|
of an abandoned junk vessel or outboard motor, less any
money | 766 |
|
accruing to the state, county, township, municipal
corporation, or | 767 |
|
other political subdivision from that
disposal. | 768 |
| (L) The sentencing court, in addition to the penalty
provided | 781 |
|
under this section for a violation of this chapter or a
rule | 782 |
| adopted under it
that involves a powercraft powered by more
than | 783 |
| ten horsepower and that, in
the opinion of the court,
involves a | 784 |
| threat to the safety of persons or
property, shall
order the | 785 |
| offender to complete successfully a boating course
approved by the | 786 |
| national association of state boating law
administrators
before | 787 |
| the offender is allowed to operate a
powercraft powered by more | 788 |
| than
ten horsepower on the waters in
this state. Violation of a | 789 |
| court order
entered under this
division is punishable as contempt | 790 |
| under Chapter
2705. of the
Revised Code. | 791 |
| Sec. 4503.231.
(A) No motor vehicle registered in the name | 792 |
|
of
a person whose certificate of registration and identification | 793 |
|
license plates have been impounded as provided by division
(B)(1) | 794 |
|
of section 4507.02 of the Revised Code, and no vehicle that may be | 795 |
| operated pursuant to an immobilization waiver order issued | 796 |
| pursuant to section 4503.235 of the Revised Code, shall be | 797 |
|
operated
on any
highway in this state unless it displays
| 798 |
|
restricted license
plates
that are a
different color from
those | 799 |
| regularly issued and
carry a special
serial number that may
be | 800 |
| readily identified by
law enforcement
officers. The registrar
of | 801 |
| motor vehicles shall
designate the
color and serial number to
be | 802 |
| used on
restricted
license
plates, which shall remain
the same | 803 |
| from
year to year and
shall
not be displayed on any other motor | 804 |
|
vehicles. | 805 |
| (B) If a person has been granted
limited driving privileges | 814 |
|
with a condition of the privileges
being that the person must | 815 |
|
display on the vehicle that is driven
under the privileges | 816 |
|
restricted license plates that are described
in this section, the | 817 |
| person may operate a motor vehicle that is owned by the person's | 818 |
| employer only if the
person is
required to operate that motor | 819 |
| vehicle in the course and
scope of the
person's employment. Such a | 820 |
| person may operate that
vehicle without
displaying on that vehicle | 821 |
| restricted license
plates that are
issued under this section if | 822 |
| the employer has been
notified that
the person has limited driving | 823 |
|
privileges and of the
nature of the
restriction and if the person | 824 |
| has proof of the
employer's notification in the
person's | 825 |
| possession
while operating
the employer's vehicle for normal | 826 |
| business duties. A motor
vehicle owned by a
business that is | 827 |
| partly or entirely owned or
controlled by the
person with the | 828 |
| limited driving privileges is
not a motor vehicle
owned by an | 829 |
| employer, for purposes of this
division. | 830 |
Sec. 4503.233. (A)(1)
If a court ordersis required to order | 833 |
| the
immobilization of
a
vehicle for a specified period of time | 834 |
|
pursuant to
section
4510.11,
4510.14,
4510.16, 4510.161,
4510.41, | 835 |
|
4511.19,
4511.193,
or
4511.203
of the Revised Code, the court, | 836 |
| subject to section 4503.235 of the Revised Code,
shall issue
the | 837 |
| immobilization
order
in
accordance with this division and for
the | 838 |
|
period of time
specified
in the particular
section, and
the | 839 |
|
immobilization
under
the order shall be in accordance with this | 840 |
|
section. The court, at
the time of sentencing the offender for
the | 841 |
| offense relative to
which the immobilization order is issued
or as | 842 |
| soon thereafter as
is practicable, shall give a copy of the
order | 843 |
| to the offender or
the offender's counsel. The court
promptly | 844 |
| shall send a copy of
the
order
to the registrar on a form | 845 |
|
prescribed
by the registrar
and
to the
person or agency it | 846 |
|
designates to execute the
order. | 847 |
| (5) The registrar shall deposit the immobilization fee
into | 897 |
|
the law
enforcement reimbursement fund created by section
4501.19 | 898 |
|
of the Revised
Code. Money in the fund shall be expended
only as | 899 |
|
provided in division
(A)(5) of this section. If the
court | 900 |
|
designated in the
order a court bailiff or another
appropriate | 901 |
|
person other than a
law enforcement officer to
immobilize the | 902 |
|
vehicle, the amount of the
fee deposited into the
law enforcement | 903 |
|
reimbursement fund shall
be paid out to the county
treasury if the | 904 |
|
court that issued the order
is a county court, to
the treasury of | 905 |
|
the municipal corporation
served by the court if
the court that | 906 |
|
issued the order is a
mayor's court, or to the city
treasury of | 907 |
|
the legislative
authority of the court, both as
defined in section | 908 |
|
1901.03 of the
Revised Code, if the court that
issued the order is | 909 |
|
a municipal
court. If the court designated a
law enforcement | 910 |
|
agency to
immobilize the vehicle and if the law
enforcement agency | 911 |
|
immobilizes the
vehicle, the amount of the fee
deposited into the | 912 |
|
law enforcement
reimbursement fund shall be
paid out to the law | 913 |
|
enforcement agency
to reimburse the agency for
the costs it incurs | 914 |
|
in
obtaining immobilization equipment and, if
required, in sending | 915 |
|
an officer or other person to search for and
locate the vehicle | 916 |
|
specified in the immobilization order and to
immobilize the | 917 |
|
vehicle. | 918 |
| (B) If a court issues an immobilization
order under division | 923 |
|
(A)(1) of this section, the person or
agency designated by the | 924 |
|
court to execute the immobilization order
promptly shall | 925 |
|
immobilize or continue the immobilization of the
vehicle at the | 926 |
|
place specified by the court in the order. The registrar shall
not | 927 |
| authorize the release of the vehicle or authorize the issuance
of | 928 |
| new
identification license plates for the vehicle at the
end of | 929 |
|
the immobilization period until the immobilization
fee has been | 930 |
|
paid. | 931 |
| (C) Upon receipt of the license plates for a vehicle under | 932 |
|
this section, the
registrar shall destroy the license plates. At | 933 |
|
the end
of the immobilization period and upon the payment of the | 934 |
|
immobilization fee
that must be paid under this section, the | 935 |
|
registrar shall authorize the
release of the vehicle
and authorize | 936 |
|
the issuance, upon the payment of the same fee as
is required for | 937 |
|
the replacement of lost, mutilated, or destroyed
license plates | 938 |
|
and certificates of registration,
of new license plates and, if | 939 |
|
necessary, a new
certificate of registration to the
offender for | 940 |
|
the vehicle
in question. | 941 |
| (D)(1) If a court issues an immobilization order under | 942 |
|
division (A) of this
section, the immobilization period
commences | 943 |
|
on the day on which the vehicle in question is
immobilized. If
the | 944 |
|
vehicle in question had been seized under section
4510.41
or | 945 |
|
4511.195 of the Revised Code, the time between the
seizure and the | 946 |
|
beginning of the immobilization period shall be
credited
against | 947 |
|
the immobilization period
specified in the
immobilization order | 948 |
|
issued under
division (A) of this section.
No
vehicle that is
| 949 |
|
immobilized
under this section is
eligible to have
restricted | 950 |
|
license plates
under section 4503.231 of the Revised Code issued | 951 |
|
for
that vehicle. | 952 |
| (2) If a court issues an immobilization order under division | 953 |
|
(A) of this
section, if the vehicle
subject to the order is | 954 |
|
immobilized under the order, and if the
vehicle is found being | 955 |
|
operated upon any street or highway of
this state during the | 956 |
|
immobilization period, it
shall be seized, removed from the street | 957 |
|
or highway, and criminally
forfeited, and disposed of pursuant to | 958 |
|
section
4503.234 of the Revised Code. No vehicle that is
forfeited | 959 |
| under
this provision shall be considered contraband for
purposes | 960 |
| of
Chapter 2981. of the Revised
Code, but
shall be held by the law | 961 |
| enforcement agency that employs
the
officer who seized it for | 962 |
| disposal in accordance with section
4503.234 of the Revised Code. | 963 |
| (3) If a court issues an immobilization order under division | 964 |
|
(A) of this
section, and if the vehicle is not
claimed within | 965 |
|
seven days after the end of the period of
immobilization or if the
| 966 |
|
offender has not paid the
immobilization fee, the
person or agency | 967 |
|
that immobilized
the vehicle shall send a written
notice to the
| 968 |
|
offender at the
offender's last
known address informing
the
| 969 |
|
offender
of the date on which the period of
immobilization
ended, | 970 |
|
that the
offender has twenty days
after the date of the
notice
to | 971 |
|
pay the immobilization fee and
obtain the release of the
vehicle, | 972 |
|
and that if
the
offender does not pay the
fee and obtain the | 973 |
|
release of the vehicle within that twenty-day
period, the vehicle | 974 |
|
will be forfeited under section 4503.234 of
the Revised
Code to | 975 |
|
the entity that is entitled to the
immobilization fee. | 976 |
| (4) An
offender whose motor vehicle
is
subject to an | 977 |
|
immobilization order issued under division (A)
of
this section | 978 |
|
shall not sell the motor vehicle without approval
of
the court | 979 |
|
that issued the order. If such an
offender wishes
to sell the | 980 |
|
motor vehicle during the
immobilization
period, the
offender
shall | 981 |
| apply to the court that
issued the
immobilization order for | 982 |
|
permission to assign the title to the
vehicle. If the court
is | 983 |
|
satisfied that the sale will be in good
faith and not for the | 984 |
|
purpose of
circumventing the provisions of
division (A)(1) of this | 985 |
|
section, it may certify its consent to
the
offender and to
the | 986 |
|
registrar. Upon
receipt of the
court's consent, the registrar | 987 |
|
shall enter the court's notice
in
the
offender's vehicle license | 988 |
|
plate registration
record. | 989 |
| If, during a period of immobilization under an immobilization | 990 |
|
order issued
under division (A) of this section, the title to the | 991 |
|
immobilized motor
vehicle is transferred by the foreclosure of a | 992 |
|
chattel mortgage, a sale upon execution, the cancellation of a | 993 |
|
conditional sales contract, or an order of a court, the involved | 994 |
|
court shall notify the registrar of the
action, and the registrar | 995 |
|
shall enter the court's notice in the
offender's
vehicle
license | 996 |
|
plate registration record. | 997 |
| (5) If the title to a motor vehicle that is subject to an | 1002 |
|
immobilization order under division (A) of this
section is | 1003 |
|
assigned or transferred without court approval between
the time of | 1004 |
|
arrest of the
offender who committed the offense for which such
an | 1005 |
|
order is to
be issued
and the time of the actual immobilization
of | 1006 |
| the
vehicle, the court
shall order that, for a period of two
years | 1007 |
|
from the date of the
order, neither the registrar nor any
deputy | 1008 |
|
registrar shall
accept an application for the registration
of any | 1009 |
|
motor vehicle
in the name of the
offender whose
vehicle
was | 1010 |
| assigned or
transferred without court approval.
The court
shall | 1011 |
| notify the
registrar of the order on a form
prescribed by
the | 1012 |
| registrar for
that purpose. | 1013 |
| (6) If the title to a motor vehicle that is subject to an | 1014 |
| immobilization order under division (A) of this section is | 1015 |
| assigned or transferred without court approval in violation of | 1016 |
| division (D)(4) of this section, then, in addition to or | 1017 |
| independent of any other penalty established by law, the court may | 1018 |
| fine the offender the value of the vehicle as determined by | 1019 |
| publications of the national auto dealers association. The | 1020 |
| proceeds from any fine so imposed shall be distributed in the same | 1021 |
| manner as the proceeds of the sale of a forfeited vehicle are | 1022 |
| distributed pursuant to division (C)(2) of section 4503.234 of the | 1023 |
| Revised Code. | 1024 |
| (E)(1) The court with jurisdiction over the case, after | 1025 |
|
notice to all interested parties including lienholders, and after | 1026 |
|
an opportunity for them to be heard, if the
offender
fails
to | 1027 |
|
appear in person, without good cause, or if the court
finds
that | 1028 |
|
the
offender does not intend to seek
release
of the
vehicle at
the | 1029 |
| end of the period of immobilization
or that the
offender is
not or | 1030 |
| will not be able to
pay the
expenses and
charges incurred
in its | 1031 |
| removal and storage,
may order that title
to the vehicle be | 1032 |
|
transferred, in order of
priority, first into
the name of the | 1033 |
|
entity entitled to the
immobilization fee under
division (A)(5) of | 1034 |
|
this section, next
into the name of a
lienholder, or lastly, into | 1035 |
|
the name of the
owner of the place of
storage. | 1036 |
| A lienholder that receives title under a
court order shall do | 1037 |
|
so on the condition that it pay any expenses or
charges incurred | 1038 |
|
in the vehicle's removal and storage. If the entity that
receives | 1039 |
|
title to the vehicle is the entity that is entitled to the | 1040 |
|
immobilization fee under division (A)(5) of this section,
it
shall | 1041 |
|
receive title on the condition that it pay any lien on the | 1042 |
|
vehicle.
The court shall not order that title be transferred to | 1043 |
|
any person or entity
other than the owner of the place of storage | 1044 |
|
if the person or
entity refuses to receive the title. Any person | 1045 |
|
or entity that
receives title may either keep title to the vehicle | 1046 |
|
or may
dispose of the vehicle in any legal manner that it | 1047 |
|
considers
appropriate, including assignment of the certificate of | 1048 |
|
title to
the motor vehicle to a salvage dealer or a scrap metal | 1049 |
|
processing
facility. The person or entity shall not transfer
the | 1050 |
|
vehicle to the person who is the vehicle's
immediate previous | 1051 |
|
owner. | 1052 |
| If the person or entity assigns the motor vehicle to a | 1053 |
|
salvage dealer or
scrap
metal processing facility, the person or | 1054 |
|
entity shall send the assigned
certificate of title to the motor | 1055 |
|
vehicle to the clerk of the court of common
pleas of the county in | 1056 |
|
which the salvage dealer or scrap metal processing
facility is | 1057 |
|
located. The person or entity shall mark the face of the | 1058 |
|
certificate of title with the words "FOR DESTRUCTION" and shall | 1059 |
|
deliver a photocopy of the certificate of title to the salvage | 1060 |
|
dealer or scrap
metal processing facility for its records. | 1061 |
| (2) Whenever a court issues an order under division (E)(1)
of | 1062 |
| this
section, the court also shall order removal of the license | 1063 |
|
plates
from the vehicle and cause them to be sent to the registrar | 1064 |
|
if
they have not already been sent to the registrar. Thereafter, | 1065 |
|
no further
proceedings shall take place under this section, but | 1066 |
|
the
offender remains liable for payment of the
immobilization fee | 1067 |
|
described in division (A)(3) of this section
if an
immobilization | 1068 |
|
order previously had been issued by the
court. | 1069 |
| (3) Prior to initiating a proceeding under division (E)(1)
of | 1070 |
| this section, and upon payment of the fee under division (B) of | 1071 |
|
section
4505.14 of the Revised Code, any interested party may | 1072 |
|
cause
a search to be made of the public records of the bureau of | 1073 |
|
motor vehicles or the clerk of the court of common pleas, to | 1074 |
|
ascertain the identity of any lienholder of the vehicle. The | 1075 |
|
initiating party shall furnish this information to the clerk of | 1076 |
|
the court with jurisdiction over the case,
and the clerk shall | 1077 |
|
provide notice
to the vehicle owner, the defendant, any | 1078 |
|
lienholder, and any
other interested parties listed by the | 1079 |
|
initiating party, at the
last known address supplied by the | 1080 |
|
initiating party, by certified
mail or, at the option of the | 1081 |
|
initiating party, by personal
service or ordinary mail. | 1082 |
| Sec. 4503.235. (A) If division (G) of section 4511.19 or | 1088 |
| division (B) of section 4511.193 of the Revised Code requires a | 1089 |
| court, as part of the sentence of a person who is convicted of or | 1090 |
| pleads guilty to a violation of division (A) of section 4511.19 of | 1091 |
| the Revised Code or as a sanction for a person who is convicted of | 1092 |
| or pleaded guilty to a violation of a municipal OVI ordinance, to | 1093 |
| order the immobilization of a vehicle for a specified period of | 1094 |
| time, notwithstanding the requirement, the court in its discretion | 1095 |
| may determine not to order the immobilization of the vehicle if | 1096 |
| both of the following apply: | 1097 |
| (1) Prior to the issuance of the order of immobilization, a | 1098 |
| spouse or a driving-age child of the offender files a motion with | 1099 |
| the court identifying the vehicle and requesting that the | 1100 |
| immobilization order not be issued on the ground that the spouse | 1101 |
| who files the motion, the driving-age child who files the motion, | 1102 |
| or the spouse who files the motion and one or more driving-age | 1103 |
| children of the offender are completely dependent on the vehicle | 1104 |
| for the necessities of life and that the immobilization of the | 1105 |
| vehicle would be an undue hardship to the spouse, the driving-age | 1106 |
| child, or the spouse and the driving-age child or children. | 1107 |
| (2) The court determines that the spouse who files the | 1108 |
| motion, the driving-age child who files the motion, or the spouse | 1109 |
| who files the motion and one or more driving-age children of the | 1110 |
| offender are completely dependent on the vehicle for the | 1111 |
| necessities of life and that the immobilization of the vehicle | 1112 |
| would be an undue hardship to the spouse, the driving-age child, | 1113 |
| or the spouse and the driving-age child or children. | 1114 |
| (B) If a court pursuant to division (A) of this section | 1115 |
| determines not to order the immobilization of a vehicle that | 1116 |
| otherwise would be required pursuant to division (G) of section | 1117 |
| 4511.19 or division (B) of section 4511.193 of the Revised Code, | 1118 |
| the court shall issue an order that waives the immobilization that | 1119 |
| otherwise would be required pursuant to either of those divisions. | 1120 |
| The immobilization waiver order shall be in effect for the period | 1121 |
| of time for which the immobilization of the vehicle otherwise | 1122 |
| would have been required under division (G) of section 4511.19 or | 1123 |
| division (B) of section 4511.193 of the Revised Code if the | 1124 |
| immobilization waiver order had not been issued, subject to | 1125 |
| division (E) of this section. The immobilization waiver order | 1126 |
| shall specify the period of time for which it is in effect. The | 1127 |
| court shall provide a copy of an immobilization waiver order to | 1128 |
| the offender and to the spouse or driving-age child of the | 1129 |
| offender who filed the motion requesting that the immobilization | 1130 |
| order not be issued and shall place a copy of the immobilization | 1131 |
| waiver order in the record in the case. | 1132 |
| (C) If a court pursuant to division (B) of this section | 1133 |
| issues an immobilization waiver order, the order shall identify | 1134 |
| the spouse or driving-age child who requested the order and the | 1135 |
| vehicle to which the order applies, shall identify the spouse, the | 1136 |
| driving-age child, or the spouse and the driving-age child or | 1137 |
| children who are permitted to operate the vehicle, and shall | 1138 |
| identify the offender and specify that the offender is not | 1139 |
| permitted to operate the vehicle. The immobilization waiver order | 1140 |
| shall require that the spouse, the driving-age child, or the | 1141 |
| spouse and the driving-age child or children who are permitted to | 1142 |
| operate the vehicle must display on the vehicle to which the order | 1143 |
| applies restricted license plates that are issued under section | 1144 |
| 4503.231 of the Revised Code for the entire period for which the | 1145 |
| immobilization of the vehicle otherwise would have been required | 1146 |
| under division (G) of section 4511.19 or division (B) of section | 1147 |
| 4511.193 of the Revised Code if the immobilization waiver order | 1148 |
| had not been issued. | 1149 |
| (D) If division (G) of section 4511.19 or division (B) of | 1150 |
| section 4511.193 of the Revised Code requires a court, as part of | 1151 |
| the sentence of a person who is convicted of or pleads guilty to a | 1152 |
| violation of division (A) of section 4511.19 of the Revised Code | 1153 |
| or as a sanction for a person who is convicted of or pleaded | 1154 |
| guilty to a violation of a municipal OVI ordinance, to order the | 1155 |
| immobilization of more than one vehicle for a specified period of | 1156 |
| time, the court shall not issue an immobilization waiver order | 1157 |
| under this section for more than one of those vehicles. | 1158 |
| (1) The court that issued the immobilization waiver order | 1166 |
| shall terminate that order and shall issue an immobilization order | 1167 |
| in accordance with section 4503.233 of the Revised Code that | 1168 |
| applies to the vehicle, and the immobilization order shall be in | 1169 |
| effect for the remaining period of time for which the | 1170 |
| immobilization of the vehicle otherwise would have been required | 1171 |
| under division (G) of section 4511.19 or division (B) of section | 1172 |
| 4511.193 of the Revised Code if the immobilization waiver order | 1173 |
| had not been issued. | 1174 |
| (B)(1) When the license of any person is suspended
pursuant | 1187 |
|
to division
(G)(1)(a) of section
4511.19 of the
Revised Code,
or | 1188 |
|
pursuant to section 4510.07 of the
Revised Code for a municipal | 1189 |
|
OVI offense when the suspension is
equivalent in length to the | 1190 |
|
suspension under division (G) of
section 4511.19 of the Revised | 1191 |
|
Code that is
specified in this
division,
the trial judge of the | 1192 |
|
court of record
or the mayor
of
the mayor's court that suspended | 1193 |
|
the license may
impound the identification license plates of any | 1194 |
|
motor vehicle
registered in the name of the person. | 1195 |
| (2) When the license of any person is suspended
pursuant to | 1196 |
|
division
(G)(1)(b) of section
4511.19 of
the
Revised Code,
or | 1197 |
|
pursuant to section 4510.07 of the Revised
Code for a municipal | 1198 |
|
OVI offense when the suspension is equivalent
in length to the | 1199 |
|
suspension under division (G) of section 4511.19
of the Revised | 1200 |
|
Code that is
specified in this division,
the trial
judge of the | 1201 |
|
court of record that
suspended
the license
shall order the | 1202 |
|
impoundment of
the identification license plates
of the motor | 1203 |
|
vehicle the
offender was operating at the time of the
offense and | 1204 |
|
the
immobilization of that vehicle in accordance with
section | 1205 |
|
4503.233 and division
(G)(1)(b) of
section
4511.19 or
division | 1206 |
(B)(2)(a) of
section 4511.193 of the Revised Code
and may impound. | 1207 |
| In addition, the trial judge of the court of record that suspended | 1208 |
| the license shall order the immobilization for one year of all the | 1209 |
| motor vehicles that are owned by or are registered in the name of | 1210 |
| the offender and the impoundment for one year of
the | 1211 |
identification license plates of any other
motor vehicle | 1212 |
registered in the name of the person whose license
is suspended | 1213 |
| all such vehicles in accordance with section 4503.233 and division | 1214 |
| (G)(1)(b) of section 4511.19 or division (B)(2)(a) of section | 1215 |
| 4511.193 of the Revised Code. | 1216 |
| (3) When the license of any person is suspended
pursuant to | 1217 |
|
division
(G)(1)(c), (d), or
(e) of section
4511.19 of the
Revised | 1218 |
|
Code,
or pursuant to section
4510.07
of the Revised Code for a | 1219 |
|
municipal
OVI offense when the
suspension is equivalent in length | 1220 |
|
to the
suspension under
division (G) of section 4511.19 of the | 1221 |
|
Revised Code that is
specified in this division,
the trial judge | 1222 |
|
of the court of record
that suspended
the license shall order the | 1223 |
|
criminal
forfeiture to the
state of the motor vehicle the offender | 1224 |
|
was
operating at the time
of the offense in accordance with | 1225 |
|
section
4503.234 and division
(G)(1)(c), (d), or
(e) of
section
| 1226 |
|
4511.19 or division
(B)(2)(b)
of section
4511.193 of the Revised | 1227 |
Code and
may impound. In addition, the trial judge of the court of | 1228 |
| record that suspended the license shall order the immobilization | 1229 |
| for one year of all the motor vehicles that are owned by or are | 1230 |
| registered in the name of the offender and the impoundment for one | 1231 |
year of the identification
license plates of any
other motor | 1232 |
vehicle registered in the name
of the person whose
license is | 1233 |
suspendedall such vehicles in accordance with section 4503.233 | 1234 |
| and division (G)(1)(c), (d), or (e) of section 4511.19 or division | 1235 |
| (B)(2)(b) of section 4511.193 of the Revised Code except for any | 1236 |
| motor vehicle that is required to be forfeited to the state in | 1237 |
| accordance with section 4503.234 and division (G)(1)(c), (d), or | 1238 |
| (e) of section 4511.19 or division (B)(2)(b) of section 4511.193 | 1239 |
| of the Revised Code. | 1240 |
| (C)(1) When a person is convicted of or pleads guilty to a | 1241 |
|
violation of
section
4510.14
of the
Revised
Code or a | 1242 |
|
substantially equivalent municipal ordinance and
division (B)(1) | 1243 |
|
or (2) of section
4510.14 or division
(C)(1) or
(2) of section
| 1244 |
|
4510.161 of the Revised Code
applies,
the trial
judge of the court | 1245 |
|
of record or the mayor of
the mayor's court
that imposes sentence | 1246 |
|
shall order the
immobilization of the
vehicle the person was | 1247 |
|
operating at the time
of the offense and
the impoundment of its | 1248 |
|
identification license
plates in
accordance with section 4503.233 | 1249 |
|
and division (B)(1) or
(2) of
section
4510.14 or division (C)(1) | 1250 |
|
or (2) of
section
4510.161 of
the Revised Code and may impound
the | 1251 |
|
identification license
plates of any other vehicle registered
in | 1252 |
|
the name of that
person. | 1253 |
| (2) When a person is convicted of or pleads guilty to a | 1254 |
|
violation of
section
4510.14
of the
Revised
Code or a | 1255 |
|
substantially equivalent municipal ordinance and
division (B)(3) | 1256 |
|
of section
4510.14 or division (C)(3)
of
section
4510.161 of the | 1257 |
|
Revised Code applies, the trial
judge
of the
court of record that | 1258 |
|
imposes sentence shall order the
criminal
forfeiture to the state | 1259 |
|
of the vehicle the person was
operating
at the time of the offense | 1260 |
|
in accordance with section
4503.234
and division (B)(3) of section
| 1261 |
|
4510.14 or
division
(C)(3) of
section
4510.161 of the Revised
Code | 1262 |
|
and may impound
the
identification license plates of any
other | 1263 |
|
vehicle registered in
the name of that person. | 1264 |
(D)(1) When a person is convicted of or pleads guilty to a | 1265 |
|
violation of division
(A) of section
4510.16 of the
Revised
Code | 1266 |
|
or a substantially equivalent municipal ordinance,
division
(B) of | 1267 |
| section
4510.16 or
division (B) of
section
4510.161 of the Revised | 1268 |
|
Code applies in determining whether the
immobilization of the | 1269 |
|
vehicle the person
was operating at the time
of the offense and | 1270 |
|
the impoundment of
its identification license
plates or the | 1271 |
| criminal
forfeiture
to the state of the vehicle the
person was | 1272 |
| operating
at the time
of the offense is authorized or required. | 1273 |
| The trial judge of the court of record or the mayor of the mayor's | 1274 |
| court that imposes sentence may impound
the
identification license | 1275 |
|
plates of
any other vehicle registered in
the name of that person. | 1276 |
| (E)(1) When a person is convicted of or pleads guilty to a | 1277 |
|
violation of section
4511.203 of the Revised Code and
the
person | 1278 |
|
is sentenced pursuant to division
(C)(1)
or
(2) of
section
| 1279 |
|
4511.203 of
the Revised Code, the trial judge of
the court of | 1280 |
|
record or the
mayor of the mayor's court that imposes
sentence | 1281 |
|
shall order the
immobilization of the vehicle that was
involved in | 1282 |
|
the commission
of the offense and the impoundment of
its | 1283 |
|
identification license
plates in accordance with division
(C)(1) | 1284 |
|
or
(2) of section
4511.203 and
section 4503.233
of the Revised | 1285 |
|
Code and may impound the
identification license
plates of any | 1286 |
|
other vehicle registered in
the name of that person. | 1287 |
| (2) When a person is convicted of or pleads guilty to a | 1288 |
|
violation of section
4511.203 of the Revised Code and
the
person | 1289 |
|
is sentenced pursuant to division
(C)(3) of section
4511.203 of | 1290 |
|
the Revised Code, the trial judge of the court
of record or the | 1291 |
|
mayor of the mayor's court that imposes sentence
shall order the | 1292 |
|
criminal forfeiture to the state of the vehicle
that was involved | 1293 |
|
in the commission of the offense in accordance
with division | 1294 |
|
(C)(3) of section
4511.203 and
section
4503.234 of the Revised | 1295 |
|
Code and may impound the identification
license plates of any | 1296 |
|
other vehicle registered in the name of that
person. | 1297 |
| Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this
section | 1304 |
| apply to a judge or mayor
regarding the suspension of, or
the | 1305 |
| grant of limited driving privileges
during a suspension of, an | 1306 |
|
offender's driver's or
commercial driver's license or permit or | 1307 |
|
nonresident operating
privilege imposed under division (G) or (H) | 1308 |
|
of section
4511.19 of the Revised Code, under division (B)
or (C) | 1309 |
|
of section 4511.191 of the Revised Code, or under section
4510.07 | 1310 |
|
of the Revised Code for a conviction of a violation of a
municipal | 1311 |
|
OVI ordinance. | 1312 |
| (2) No judge or mayor shall suspend the following portions
of | 1313 |
| the
suspension of an offender's driver's or commercial driver's | 1314 |
|
license or
permit or nonresident operating privilege imposed under | 1315 |
|
division
(G) or (H) of section
4511.19 of the Revised Code or | 1316 |
|
under section 4510.07 of the Revised Code for a conviction of
a | 1317 |
|
violation of a municipal OVI ordinance, provided that division | 1318 |
|
(A)(2) of this section does not limit a court or
mayor in | 1319 |
|
crediting any period of suspension imposed pursuant to division | 1320 |
|
(B) or (C) of section 4511.191 of the Revised Code against
any | 1321 |
|
time of judicial suspension imposed pursuant to section 4511.19 or | 1322 |
|
4510.07 of the Revised Code, as described in divisions
(B)(2) and | 1323 |
|
(C)(2) of section
4511.191 of the Revised Code: | 1324 |
| (3) No judge or mayor shall grant limited driving privileges | 1341 |
|
to
an offender whose driver's or commercial driver's license or | 1342 |
|
permit or
nonresident operating privilege has been suspended under | 1343 |
|
division
(G) or (H) of section 4511.19 of the Revised Code, under | 1344 |
|
division (C) of section 4511.191 of the Revised Code, or under | 1345 |
|
section 4510.07 of the Revised Code for a municipal OVI conviction | 1346 |
|
if the offender, within the preceding six years, has been | 1347 |
|
convicted of or
pleaded guilty to three or more violations of one | 1348 |
|
or more of the Revised Code sections, municipal ordinances, | 1349 |
|
statutes
of the United States or another state, or municipal | 1350 |
|
ordinances of
a municipal corporation of another state that are | 1351 |
|
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the | 1352 |
|
Revised Code. | 1353 |
| Additionally, no judge or mayor shall grant limited driving | 1354 |
|
privileges to an offender whose driver's or commercial driver's | 1355 |
|
license
or permit or nonresident operating privilege has been | 1356 |
|
suspended under
division (B) of section 4511.191 of the Revised | 1357 |
|
Code if the
offender, within the preceding six years, has refused | 1358 |
|
three previous requests
to consent to a chemical test of the | 1359 |
|
person's whole blood, blood serum or
plasma, breath, or urine to | 1360 |
|
determine its alcohol content. | 1361 |
| (4) No judge or mayor shall grant limited driving privileges | 1362 |
|
for
employment as a driver of commercial motor vehicles to an | 1363 |
|
offender whose
driver's or commercial driver's license or permit | 1364 |
|
or nonresident
operating privilege has been suspended under | 1365 |
|
division (G) or
(H)
of section 4511.19 of the Revised Code, under | 1366 |
|
division (B) or (C)
of section 4511.191 of the Revised Code, or | 1367 |
|
under section 4510.07
of the Revised Code for a municipal OVI | 1368 |
|
conviction if the
offender is disqualified from operating a | 1369 |
|
commercial motor vehicle, or whose license or permit has been | 1370 |
|
suspended, under
section 3123.58 or 4506.16 of the
Revised Code. | 1371 |
| (a) The first fifteen days of a suspension imposed under | 1380 |
|
division
(G)(1)(a) of section 4511.19 of the Revised Code or a | 1381 |
|
comparable
length suspension imposed under section 4510.07 of the | 1382 |
|
Revised Code, or of a suspension
imposed under
division (C)(1)(a) | 1383 |
|
of section 4511.191 of the
Revised Code. On or after
the
sixteenth | 1384 |
| day of the suspension, the court may grant limited
driving | 1385 |
| privileges, but the court may require that the offender
shall not | 1386 |
|
exercise the privileges
unless the vehicles the offender
operates | 1387 |
| are equipped with
immobilizing or disabling devices that
monitor | 1388 |
| the offender's
alcohol consumption or any other type of | 1389 |
|
immobilizing or disabling
devices, except as provided in division | 1390 |
|
(C) of section 4510.43
of the Revised Code. | 1391 |
| (b) The first thirty days of a suspension imposed under | 1392 |
division
(G)(1)(b) of section 4511.19 of the Revised Code or a | 1393 |
comparable
length suspension imposed under section 4510.07 of the | 1394 |
Revised Code, or of a suspension
imposed under
division (C)(1)(b) | 1395 |
|
of section 4511.191 of the
Revised Code. On or after the | 1396 |
|
thirty-first day of
suspension, the court may grant limited | 1397 |
|
driving privileges, but the court may
require that the offender | 1398 |
|
shall not exercise the privileges
unless the vehicles the offender | 1399 |
|
operates are equipped with
immobilizing or disabling devices that | 1400 |
|
monitor the offender's
alcohol consumption or any other type of | 1401 |
|
immobilizing or disabling
devices, except as provided in division | 1402 |
|
(C) of section 4510.43
of the Revised Code. | 1403 |
| (d) The first one hundred eighty days of a suspension
imposed | 1408 |
under division (G)(1)(c) of section 4511.19 of the Revised
Code or | 1409 |
a comparable length suspension imposed under section
4510.07 of | 1410 |
the Revised Code, or of a
suspension imposed under
division | 1411 |
|
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judge may | 1412 |
| grant limited driving
privileges
on or after the one
hundred | 1413 |
| eighty-first day of the suspension only if the
judge, at
the time | 1414 |
| of granting the privileges, also
issues an order
prohibiting the | 1415 |
| offender, while exercising the
privileges during
the period | 1416 |
| commencing with the one hundred
eighty-first day of
suspension and | 1417 |
| ending with the first year of
suspension, from
operating any motor | 1418 |
| vehicle unless it is equipped
with an
immobilizing or disabling | 1419 |
| device that monitors the
offender's
alcohol consumption. After the | 1420 |
| first year of the
suspension, the
court may authorize the offender | 1421 |
| to continue
exercising the
privileges in vehicles that are not | 1422 |
| equipped with
immobilizing or
disabling devices that monitor the | 1423 |
| offender's
alcohol consumption,
except as provided in division (C) | 1424 |
| of section
4510.43 of the
Revised Code. If the offender does not | 1425 |
| petition for
limited
driving privileges until after the first year | 1426 |
| of
suspension, the
judge may grant limited driving privileges | 1427 |
| without
requiring the
use of an immobilizing or disabling device | 1428 |
| that
monitors the
offender's alcohol consumption. | 1429 |
| (e) The first year of a suspension imposed under division | 1430 |
| (G)(1)(b) or (c) of section 4511.19 of the Revised Code or a | 1431 |
| comparable length suspension imposed under section 4510.07 of the | 1432 |
| Revised Code. The judge may grant limited driving privileges after | 1433 |
| the first year of suspension and, at the time of granting the | 1434 |
| privileges, also may issue an order prohibiting the offender from | 1435 |
| operating any motor vehicle for the period of suspension following | 1436 |
| the first year of suspension unless the motor vehicle is equipped | 1437 |
| with an immobilizing or disabling device that monitors the | 1438 |
| offender's alcohol consumption, except as provided in division (C) | 1439 |
| of section 4510.43 of the Revised Code. | 1440 |
| (f) The first three years of a suspension imposed under | 1441 |
|
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code | 1442 |
|
or a
comparable length suspension imposed under section 4510.07 of | 1443 |
|
the Revised Code, or of a
suspension imposed under
division | 1444 |
|
(C)(1)(d) of section 4511.191 of the
Revised Code. The
judge may | 1445 |
|
grant limited driving privileges after the first three
years of | 1446 |
|
suspension only if the judge, at the time of granting the | 1447 |
|
privileges, also issues an order prohibiting the offender from | 1448 |
|
operating any motor vehicle, for the period of suspension | 1449 |
|
following the first three years of suspension, unless the motor | 1450 |
|
vehicle is equipped with an immobilizing or disabling device that | 1451 |
|
monitors the offender's alcohol consumption, except as provided in | 1452 |
|
division
(C) of section 4510.43 of the Revised Code. | 1453 |
| (7) In any case in which a judge or mayor grants limited | 1467 |
|
driving
privileges to an offender whose driver's or commercial | 1468 |
|
driver's license
or permit or nonresident operating privilege has | 1469 |
|
been suspended under
division (G)(1)(b), (c), (d), or (e) of | 1470 |
| section 4511.19 of the
Revised Code, under division (G)(1)(a) of | 1471 |
| section 4511.19 of the Revised Code for a violation of division | 1472 |
| (A)(1)(f), (g), (h), or (i) of that section, or under
section | 1473 |
| 4510.07 of the Revised Code for a
municipal OVI
conviction for | 1474 |
| which sentence would have been imposed under division | 1475 |
| (G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of | 1476 |
| the Revised Code had the offender been charged with and convicted | 1477 |
| of a violation of section 4511.19 of the Revised Code instead of a | 1478 |
| violation of the municipal OVI ordinance, the judge or mayor shall | 1479 |
| impose as a
condition of the privileges
that the offender must | 1480 |
| display on the
vehicle that is driven subject to the
privileges | 1481 |
|
restricted
license plates that are issued under section 4503.231 | 1482 |
| of the
Revised Code, except
as provided in division (B) of that | 1483 |
| section. | 1484 |
| (B) Any person whose driver's or commercial driver's license | 1485 |
|
or
permit or nonresident operating privilege has been suspended | 1486 |
|
pursuant to
section 4511.19 or 4511.191 of the Revised Code or | 1487 |
|
under
section 4510.07 of the Revised Code for a violation of a | 1488 |
|
municipal OVI ordinance may file a petition for
limited driving | 1489 |
|
privileges during the suspension. The person shall file the | 1490 |
|
petition
in the court that has jurisdiction over the
place of | 1491 |
|
arrest. Subject to division (A) of this section, the court
may | 1492 |
|
grant the person limited driving privileges during the
period | 1493 |
|
during which the suspension otherwise would be imposed.
However, | 1494 |
|
the court shall not grant the privileges for
employment as a | 1495 |
|
driver of a commercial motor vehicle to any person
who is | 1496 |
|
disqualified from operating a commercial motor vehicle
under | 1497 |
|
section 4506.16 of the Revised Code or during any of
the
periods | 1498 |
|
prescribed by division (A) of this section. | 1499 |
| (C)(1) After a driver's or commercial driver's license or | 1500 |
|
permit
or nonresident operating privilege has been suspended | 1501 |
|
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331, | 1502 |
| 2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99 | 1503 |
| of the Revised Code, any
provision of
Chapter 2925. of the Revised | 1504 |
| Code, or section
4510.07
of the Revised Code for a violation of a | 1505 |
| municipal
OVI ordinance,
the judge of the
court or
mayor of the | 1506 |
| mayor's court that
suspended the license, permit, or privilege | 1507 |
|
shall cause the
offender to deliver to the court
the license or | 1508 |
| permit. The
judge, mayor, or clerk of the court or
mayor's court | 1509 |
| shall
forward
to the registrar the license or permit together with | 1510 |
|
notice of the
action of the court. | 1511 |
| (2) A suspension of a commercial driver's license under any | 1512 |
|
section or chapter identified in division (C)(1) of this section | 1513 |
|
shall be concurrent with any period of suspension or | 1514 |
|
disqualification under
section 3123.58 or 4506.16 of the Revised | 1515 |
|
Code. No person
who is
disqualified for life from holding a | 1516 |
|
commercial driver's license
under
section 4506.16 of the Revised | 1517 |
|
Code shall be issued a
driver's license under this chapter during | 1518 |
|
the period for which
the commercial driver's license was suspended | 1519 |
|
under this section,
and no person whose commercial driver's | 1520 |
|
license is suspended under
any section or chapter identified in | 1521 |
|
division (C)(1) of this
section
shall be issued a driver's license | 1522 |
|
under Chapter
4507. of
the Revised Code during the period of the | 1523 |
|
suspension. | 1524 |
| (3) No judge or mayor shall suspend any class one
suspension, | 1525 |
| or any portion of any class one suspension, imposed under section | 1526 |
| 2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No | 1527 |
| judge or
mayor shall suspend the first thirty days of any class | 1528 |
| two, class
three, class four, class five, or class six suspension | 1529 |
| imposed
under section 2903.06, 2903.08, 2903.11, 2923.02, or | 1530 |
| 2929.02 of the Revised Code. | 1531 |
| (D) The judge of the court or mayor of the mayor's court | 1532 |
|
shall
credit any time during which an offender was subject to an | 1533 |
|
administrative
suspension of the offender's driver's or commercial | 1534 |
|
driver's license or permit or nonresident operating privilege | 1535 |
|
imposed pursuant to section 4511.191 or 4511.192 of the Revised | 1536 |
|
Code or a suspension imposed by a judge,
referee, or mayor | 1537 |
|
pursuant to division (B)(1) or (2) of
section 4511.196 of the | 1538 |
|
Revised Code against the time to be
served
under a related | 1539 |
|
suspension imposed pursuant to any section or chapter
identified | 1540 |
|
in division (C)(1) of this section. | 1541 |
| (F)(1) If a court issues an immobilizing or disabling device | 1546 |
|
order under section 4510.43 of the Revised Code, the order
shall | 1547 |
|
authorize the offender during the specified period to operate a | 1548 |
|
motor vehicle
only if it is equipped with an immobilizing or | 1549 |
|
disabling device, except as
provided in division (C) of that | 1550 |
|
section. The court
shall provide the offender with a copy of an | 1551 |
|
immobilizing or disabling
device order issued under section | 1552 |
|
4510.43 of the Revised
Code, and the offender shall use the copy | 1553 |
|
of the order
in lieu of an Ohio driver's or
commercial driver's | 1554 |
|
license or permit until the registrar or a deputy
registrar issues | 1555 |
|
the
offender a restricted license. | 1556 |
| (2) An offender may present an immobilizing or disabling | 1562 |
|
device
order to the registrar or to a deputy registrar. Upon | 1563 |
|
presentation of
the order to the registrar or a deputy registrar, | 1564 |
|
the registrar or
deputy registrar shall issue the offender a | 1565 |
|
restricted license. A
restricted license issued under this | 1566 |
|
division shall be identical
to an Ohio driver's license, except | 1567 |
|
that it shall have printed on
its face a statement that the | 1568 |
|
offender is prohibited during the period
specified in the court | 1569 |
|
order from operating any
motor vehicle that is not equipped with | 1570 |
|
an immobilizing or
disabling device. The date of commencement and | 1571 |
|
the
date of termination of the period of suspension shall be | 1572 |
|
indicated
conspicuously
upon the face of the license. | 1573 |
| Sec. 4510.43. (A)(1)
The director of public safety, upon | 1574 |
|
consultation with the director of health and in accordance with | 1575 |
|
Chapter 119. of the Revised Code,
shall certify immobilizing and | 1576 |
|
disabling devices and shall publish and make
available to the | 1577 |
|
courts, without charge, a list of
approved devices together with | 1578 |
|
information about the manufacturers
of the devices and where they | 1579 |
|
may be obtained. The manufacturer of an
immobilizing or disabling | 1580 |
|
device shall pay the cost of
obtaining the certification of the | 1581 |
|
device
to the director of
public safety, and the director shall | 1582 |
|
deposit the payment in the drivers'
treatment and
intervention | 1583 |
|
fund established by sections 4511.19 and 4511.191 of
the Revised | 1584 |
|
Code. | 1585 |
| (2) The director of public safety, in accordance with
Chapter | 1586 |
|
119. of the Revised Code, shall adopt and publish rules
setting | 1587 |
|
forth the requirements for obtaining the certification of
an | 1588 |
|
immobilizing or disabling device. The director of public
safety | 1589 |
| shall not
certify an immobilizing or disabling
device under
this | 1590 |
| section unless it meets the requirements specified and
published | 1591 |
| by the director in the rules adopted pursuant to this
division. A | 1592 |
| certified device may consist of an
ignition interlock
device, an | 1593 |
| ignition blocking device initiated
by time or magnetic
or | 1594 |
| electronic encoding, an activity monitor,
or any other device
that | 1595 |
| reasonably assures compliance with an
order granting limited | 1596 |
|
driving privileges. | 1597 |
| The requirements for an immobilizing or disabling device that | 1598 |
|
is
an ignition interlock device shall require that the | 1599 |
| manufacturer of the device submit to the department of public | 1600 |
| safety a certificate from an independent testing laboratory | 1601 |
| indicating that the device meets or exceeds the standards of the | 1602 |
| national highway traffic safety administration, as defined in | 1603 |
| section 4511.19 of the Revised Code, that are in effect at the | 1604 |
| time of the director's decision regarding certification of the | 1605 |
| device, shall include provisions for
setting a
minimum and maximum | 1606 |
| calibration range, and shall include,
but shall not
be limited to, | 1607 |
| specifications that the device
complies with all of
the following: | 1608 |
| (4) The director of public safety shall adopt rules in | 1634 |
|
accordance
with Chapter 119. of the Revised Code for the
design of | 1635 |
|
a warning
label that shall be affixed to each immobilizing or | 1636 |
|
disabling
device upon installation. The label shall contain a | 1637 |
|
warning that
any person tampering, circumventing, or otherwise | 1638 |
|
misusing the
device is subject to a fine, imprisonment, or both | 1639 |
|
and may be
subject to civil liability. | 1640 |
| (B)
A court considering the use of a prototype device in a | 1641 |
|
pilot
program shall advise the director of public safety, thirty | 1642 |
|
days before the
use, of the prototype device and its protocol, | 1643 |
|
methodology, manufacturer, and licensor, lessor, other agent, or | 1644 |
|
owner, and the length of the court's pilot program. A prototype | 1645 |
|
device shall not be used for a violation of section 4510.14
or | 1646 |
|
4511.19 of the Revised Code, a violation of a municipal OVI | 1647 |
|
ordinance, or in relation to a
suspension
imposed under section | 1648 |
|
4511.191 of the Revised
Code. A court that
uses a prototype
device | 1649 |
| in a pilot program,
periodically during
the existence of
the | 1650 |
| program and within fourteen days
after
termination of the
program, | 1651 |
| shall report in writing to the
director of
public safety
regarding | 1652 |
| the effectiveness of the
prototype device and the
program. | 1653 |
| (C)
If a person has been
granted limited driving privileges | 1654 |
|
with a condition of the privileges being
that the motor vehicle | 1655 |
|
that is
operated under the privileges must be equipped with an | 1656 |
|
immobilizing or
disabling device, the person may operate a motor | 1657 |
| vehicle that is owned by the person's employer only if the
person | 1658 |
| is
required to operate that motor vehicle
in the course and
scope | 1659 |
| of the offender's employment. Such a person may operate
that | 1660 |
|
vehicle without the installation of an immobilizing or
disabling | 1661 |
|
device, provided that the employer has been notified
that the | 1662 |
|
person has limited driving privileges and of the nature
of the | 1663 |
|
restriction and further provided that the person has proof of the | 1664 |
|
employer's
notification in the person's possession while
operating | 1665 |
| the
employer's vehicle for normal business duties. A
motor vehicle | 1666 |
|
owned by a business that is partly or entirely owned
or controlled | 1667 |
|
by a person with limited driving privileges is
not a motor vehicle | 1668 |
|
owned by an employer, for purposes of this
division. | 1669 |
| (5) A violation of division (A)(2), (3), or (4) of section | 1682 |
|
2903.06, division (A)(2) of section 2903.08, or former section | 1683 |
|
2903.07
of the Revised Code, or a municipal ordinance that is | 1684 |
|
substantially equivalent to any of
those divisions or that former | 1685 |
|
section, in a case in which a judge or jury as
the trier of fact | 1686 |
|
found that the offender was under the influence of alcohol, a drug | 1687 |
|
of
abuse, or a combination of them; | 1688 |
| (7) A violation of a municipal ordinance prohibiting a person | 1691 |
| from operating or being in physical control of any vessel underway | 1692 |
| or from manipulating any water skis, aquaplane, or similar device | 1693 |
| on the waters of this state while under the influence of alcohol, | 1694 |
| a drug of abuse, or a combination of them or prohibiting a person | 1695 |
| from operating or being in physical control of any vessel underway | 1696 |
| or from manipulating any water skis, aquaplane, or similar device | 1697 |
| on the waters of this state with a prohibited concentration of | 1698 |
| alcohol, a controlled substance, or a metabolite of a controlled | 1699 |
| substance in the whole blood, blood serum or plasma, breath, or | 1700 |
| urine; | 1701 |
| (C)
"Municipal OVI ordinance" and "municipal
OVI offense" | 1721 |
|
mean any
municipal ordinance prohibiting a person from operating a | 1722 |
|
vehicle while under
the influence of alcohol, a drug of abuse, or | 1723 |
|
a combination of them or
prohibiting
a person from operating a | 1724 |
|
vehicle with a prohibited concentration
of alcohol, a controlled | 1725 |
| substance, or a metabolite of a controlled substance in the whole | 1726 |
|
blood, blood serum or plasma, breath, or
urine. | 1727 |
| (I) The person is under the influence of alcohol, a drug of | 1829 |
| abuse, or a combination of them, and, as measured by gas | 1830 |
| chromatography mass spectrometry, the person has a concentration | 1831 |
| of marihuana metabolite in the person's urine of at least fifteen | 1832 |
| nanograms of marihuana metabolite per milliliter of the person's | 1833 |
| urine or has a concentration of marihuana metabolite in the | 1834 |
| person's whole blood or blood serum or plasma of at least five | 1835 |
| nanograms of marihuana metabolite per milliliter of the person's | 1836 |
| whole blood or blood serum or plasma. | 1837 |
| (b) Subsequent to being arrested for operating the vehicle, | 1867 |
| streetcar, or trackless trolley as described in division (A)(2)(a) | 1868 |
| of this section, being asked by a law enforcement officer to | 1869 |
| submit to a chemical test or tests under section 4511.191 of the | 1870 |
| Revised Code, and being advised by the officer in accordance with | 1871 |
| section 4511.192 of the Revised Code of the consequences of the | 1872 |
| person's refusal or submission to the test or tests, refuse to | 1873 |
| submit to the test or tests. | 1874 |
| (D)(1)(a) In any criminal prosecution or juvenile court | 1897 |
| proceeding for a violation of division (A)(1)(a) of this section | 1898 |
| or for an equivalent offense that is vehicle-related, the result | 1899 |
| of any test of any blood or urine withdrawn and analyzed at any | 1900 |
| health care provider, as defined in section 2317.02 of the Revised | 1901 |
| Code, may be admitted with expert testimony to be considered with | 1902 |
| any other relevant and competent evidence in determining the guilt | 1903 |
| or innocence of the defendant. | 1904 |
| (b) In any criminal prosecution or juvenile court
proceeding | 1905 |
| for a violation of
division (A) or (B) of this section
or for an | 1906 |
| equivalent
offense that is vehicle-related, the court may admit | 1907 |
|
evidence on the
concentration of
alcohol, drugs of abuse, | 1908 |
| controlled substances, metabolites of a controlled substance, or
a | 1909 |
| combination of
them in the
defendant's
whole blood,
blood serum or | 1910 |
| plasma,
breath, urine, or
other bodily
substance at the time of | 1911 |
| the
alleged violation as
shown by
chemical analysis of the
| 1912 |
| substance
withdrawn within
three hours of
the time of
the alleged | 1913 |
| violation. The three-hour time limit specified in this division | 1914 |
| regarding the admission of evidence does not extend or affect the | 1915 |
| two-hour time limit specified in division (A) of section 4511.192 | 1916 |
| of the Revised Code as the maximum period of time during which a | 1917 |
| person may consent to a chemical test or tests as described in | 1918 |
| that section. The court may admit evidence on the concentration of | 1919 |
| alcohol, drugs of abuse, or a combination of them as described in | 1920 |
| this division when a person submits to a blood, breath, urine, or | 1921 |
| other bodily substance test at the request of a
law enforcement | 1922 |
| officer under section 4511.191 of the
Revised
Code or a blood or | 1923 |
| urine sample is obtained pursuant to a search warrant. Only a | 1924 |
|
physician, a registered nurse, or a qualified
technician,
chemist, | 1925 |
|
or phlebotomist shall withdraw a blood sample for
the
purpose of | 1926 |
|
determining
the
alcohol, drug, controlled substance, metabolite of | 1927 |
| a controlled substance, or
combination content
of the whole | 1928 |
| blood, blood serum,
or blood plasma.
This
limitation does
not | 1929 |
| apply to the taking of breath or urine
specimens. A
person | 1930 |
| authorized to withdraw blood under
this
division may
refuse to | 1931 |
| withdraw blood
under this division, if in
that person's
opinion, | 1932 |
| the physical welfare of
the person would
be
endangered by the | 1933 |
| withdrawing of blood. | 1934 |
| (2) In a criminal prosecution or juvenile court proceeding | 1940 |
|
for a violation of division (A) of this section
or for an | 1941 |
|
equivalent offense that is vehicle-related, if there was at the | 1942 |
| time the
bodily substance
was
withdrawn a concentration of less | 1943 |
| than
the
applicable
concentration of alcohol specified in | 1944 |
|
divisions (A)(1)(b), (c), (d), and (e) of this section or less | 1945 |
| than the applicable concentration of a listed controlled substance | 1946 |
| or a listed metabolite of a controlled substance specified for a | 1947 |
| violation of division (A)(1)(j) of this section, that fact
may be | 1948 |
| considered
with other
competent evidence
in determining the guilt | 1949 |
| or
innocence of the
defendant. This
division does not limit or | 1950 |
|
affect a criminal
prosecution or
juvenile court proceeding for a | 1951 |
|
violation of
division (B) of this
section or
for an equivalent | 1952 |
| offense that
is
substantially
equivalent to
that
division. | 1953 |
| If the chemical test was obtained pursuant to division | 1958 |
| (D)(1)(b) of this section, the person tested may have a physician, | 1959 |
| a registered nurse,
or a qualified technician, chemist,
or | 1960 |
|
phlebotomist of the
person's own
choosing administer a chemical | 1961 |
| test or tests,
at the
person's
expense, in addition to any | 1962 |
administered at the request
of a
law enforcement
officer.
TheIf | 1963 |
| the person was under arrest as described in division (A)(5) of | 1964 |
| section 4511.191 of the Revised Code, the arresting officer shall | 1965 |
| advise the person at the time of the arrest that the person may | 1966 |
| have an independent chemical test taken at the person's own | 1967 |
| expense. If the person was not under arrest as described in | 1968 |
| division (A)(5) of section 4511.191 of the Revised Code, the form | 1969 |
| to be read to the person
to be tested, as required
under
section | 1970 |
| 4511.192 of the Revised
Code, shall state that the person
may have | 1971 |
| an
independent test
performed at the person's expense.
The failure | 1972 |
| or
inability to
obtain an additional
chemical test by
a person | 1973 |
| shall not preclude
the admission of
evidence relating to
the | 1974 |
| chemical test or tests
taken at the
request of a
law
enforcement | 1975 |
| officer. | 1976 |
| (b) In any criminal prosecution or juvenile court proceeding | 1982 |
|
for a violation of division (A) or (B) of this section, of a | 1983 |
|
municipal ordinance relating to operating a vehicle while under | 1984 |
|
the influence of alcohol, a drug of abuse, or alcohol and a drug | 1985 |
|
of abuse, or of a municipal ordinance relating to operating a | 1986 |
|
vehicle with a prohibited concentration of alcohol, a controlled | 1987 |
| substance, or a metabolite of a controlled substance in the whole | 1988 |
| blood, blood serum or plasma,
breath, or urine, if a law | 1989 |
| enforcement officer has administered a
field sobriety test to the | 1990 |
| operator of the vehicle involved in the
violation and if it is | 1991 |
| shown by clear and convincing evidence that
the officer | 1992 |
| administered the test in substantial
compliance with
the testing | 1993 |
| standards for any reliable, credible,
and generally
accepted field | 1994 |
| sobriety
tests that were in effect at
the time the
tests were | 1995 |
| administered, including, but not limited
to, any
testing standards | 1996 |
| then in effect that were set by the
national
highway traffic | 1997 |
| safety administration, all
of the
following apply: | 1998 |
| (E)(1)
Subject to division (E)(3) of
this section,
in any | 2017 |
|
criminal prosecution or juvenile court proceeding for a
violation | 2018 |
|
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 2019 |
|
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent | 2020 |
|
offense that is substantially equivalent to any
of those | 2021 |
|
divisions, a laboratory report from any
laboratory
personnel | 2022 |
| issued a permit by the department of health authorizing an | 2023 |
| analysis as described in this division that
contains an analysis | 2024 |
| of
the whole blood, blood serum or plasma,
breath, urine, or other | 2025 |
|
bodily substance tested and that contains
all of the information | 2026 |
|
specified in this division shall be
admitted as prima-facie | 2027 |
|
evidence of the information and statements
that the report | 2028 |
|
contains. The laboratory report shall contain all
of the | 2029 |
|
following: | 2030 |
| (2) Notwithstanding any other provision of law regarding the | 2048 |
|
admission of
evidence, a report of the type described
in division | 2049 |
|
(E)(1) of this section is not admissible against the
defendant to | 2050 |
|
whom
it pertains in any proceeding, other than a preliminary | 2051 |
|
hearing or a grand
jury proceeding, unless the prosecutor
has | 2052 |
|
served a
copy of the report on the defendant's attorney or, if the | 2053 |
|
defendant has no attorney, on the defendant. | 2054 |
| (3) A report of the type described in division (E)(1) of
this | 2055 |
|
section shall not be prima-facie evidence of the contents, | 2056 |
|
identity, or amount
of any substance if, within seven days after | 2057 |
|
the
defendant to whom the report pertains or the defendant's | 2058 |
|
attorney
receives a copy of the report, the defendant or the | 2059 |
|
defendant's
attorney demands the testimony of the person who | 2060 |
|
signed the
report. The judge in the case may extend the seven-day | 2061 |
|
time limit
in the interest of justice. | 2062 |
| (F) Except as otherwise provided in this division, any | 2063 |
|
physician, registered nurse, or qualified
technician, chemist,
or | 2064 |
|
phlebotomist who
withdraws blood from a person pursuant
to this | 2065 |
|
section or section 4511.191 or 4511.192 of the Revised Code, and | 2066 |
| any hospital, first-aid station, or clinic
at which
blood is | 2067 |
| withdrawn from a person pursuant to this
section or section | 2068 |
| 4511.191 or 4511.192 of the Revised Code, is
immune from criminal | 2069 |
| liability and
civil
liability
based upon a
claim of assault and | 2070 |
| battery or
any other
claim that is not
a
claim
of malpractice, for | 2071 |
| any
act performed in withdrawing blood
from
the person.
The | 2072 |
| immunity
provided in this division is not
available to a
person | 2073 |
| who
withdraws blood if the person engages in
willful or wanton | 2074 |
|
misconduct. | 2075 |
| (G)(1) Whoever violates any provision of divisions
(A)(1)(a) | 2076 |
| to
(i) or (A)(2) of this section is
guilty of
operating a vehicle | 2077 |
| under the
influence of alcohol, a drug of abuse, or a
combination | 2078 |
| of them.
Whoever violates division (A)(1)(j) of this section is | 2079 |
| guilty of operating a vehicle while under the influence of a | 2080 |
| listed controlled substance or a listed metabolite of a controlled | 2081 |
| substance. The court shall sentence the offender for either | 2082 |
| offense under
Chapter 2929. of the
Revised Code, except as | 2083 |
| otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of | 2084 |
| this section: | 2085 |
| (i)
If the sentence is being imposed for a violation of | 2090 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2091 |
|
mandatory jail term
of three consecutive days. As used in
this | 2092 |
|
division, three consecutive days means seventy-two consecutive | 2093 |
|
hours.
The court
may sentence an offender to both an
intervention | 2094 |
|
program and a jail term. The court may impose a jail
term in | 2095 |
|
addition to the three-day mandatory jail term or intervention | 2096 |
|
program. However,
in no case shall the cumulative jail term | 2097 |
|
imposed for the offense
exceed six months. | 2098 |
| The court may suspend the execution of the
three-day jail | 2099 |
|
term under this division if the court, in lieu of that
suspended | 2100 |
|
term, places the offender under a community control sanction | 2101 |
| pursuant to section 2929.25 of the Revised Code and requires the | 2102 |
| offender
to
attend, for three consecutive days, a
drivers' | 2103 |
| intervention
program certified under section 3793.10 of the | 2104 |
| Revised Code.
The
court also may suspend the execution of any | 2105 |
| part of the
three-day
jail term under this division if it places | 2106 |
| the offender under a community control sanction pursuant to | 2107 |
| section 2929.25 of the Revised Code for part of the three days, | 2108 |
| requires the offender to
attend for the suspended part of the term | 2109 |
| a drivers' intervention
program so certified, and sentences the | 2110 |
| offender to a jail term
equal to the remainder of the three | 2111 |
| consecutive days that the
offender does not spend attending the | 2112 |
| program. The court may
require the offender, as a condition of | 2113 |
| community control and in addition
to the required attendance at a | 2114 |
| drivers' intervention program, to
attend and satisfactorily | 2115 |
| complete any treatment or education
programs that comply with the | 2116 |
| minimum standards adopted pursuant
to Chapter 3793. of the Revised | 2117 |
| Code by the director of alcohol
and drug addiction services that | 2118 |
| the operators of the drivers'
intervention program determine that | 2119 |
| the offender should attend and
to report periodically to the court | 2120 |
| on the offender's progress in
the programs. The court also may | 2121 |
| impose on the offender any other
conditions of community control | 2122 |
| that it considers necessary. | 2123 |
| (ii)
If the sentence is being imposed for a violation of | 2124 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2125 |
| section, except as
otherwise provided in
this division, a | 2126 |
| mandatory jail term of at
least three consecutive
days and a | 2127 |
| requirement that the offender
attend, for three
consecutive days, | 2128 |
| a drivers' intervention
program that is
certified pursuant to | 2129 |
| section 3793.10 of the
Revised Code. As
used in this division, | 2130 |
| three consecutive days
means seventy-two consecutive
hours. If the | 2131 |
| court determines that
the offender is not
conducive to treatment | 2132 |
| in a drivers'
intervention program, if the
offender refuses to | 2133 |
| attend a drivers'
intervention program, or if the jail at
which | 2134 |
| the offender is to
serve the jail term imposed can provide a | 2135 |
|
driver's intervention
program, the court shall sentence the | 2136 |
|
offender to a mandatory jail
term of at least six consecutive | 2137 |
|
days. | 2138 |
| The court may require the offender, under a community control | 2139 |
| sanction imposed under section 2929.25 of the Revised Code,
to | 2140 |
| attend and satisfactorily complete any treatment or
education | 2141 |
|
programs that comply with the minimum standards adopted
pursuant | 2142 |
| to
Chapter 3793. of the Revised Code by the director of
alcohol | 2143 |
| and drug addiction services, in addition to the required | 2144 |
|
attendance at
drivers' intervention program, that the operators of | 2145 |
|
the drivers' intervention
program determine that
the offender | 2146 |
|
should attend and to report periodically to the court
on the | 2147 |
|
offender's progress in the programs. The court also may
impose
any | 2148 |
| other conditions of community control on the offender that it | 2149 |
|
considers necessary. | 2150 |
| (i)
If the sentence is being imposed for a violation of | 2165 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2166 |
|
mandatory jail term
of ten consecutive days. The court
shall | 2167 |
|
impose the ten-day mandatory jail term under this division unless, | 2168 |
|
subject to division (G)(3) of this section, it instead
imposes a | 2169 |
|
sentence under that division consisting of both a jail term and a | 2170 |
|
term of
house arrest with electronic monitoring, with continuous | 2171 |
| alcohol monitoring, or with both electronic monitoring and | 2172 |
| continuous alcohol monitoring. The court may
impose a
jail term in | 2173 |
| addition to the
ten-day mandatory jail term.
The
cumulative jail | 2174 |
|
term imposed for the offense shall not exceed
six
months. | 2175 |
| In addition to the jail term or the term of house arrest with | 2176 |
| electronic monitoring or continuous alcohol monitoring or both | 2177 |
types of monitoring and jail term, the court mayshall require the | 2178 |
|
offender
to attend a drivers' intervention program that is | 2179 |
|
certified pursuant to
section 3793.10 of the Revised Code. If the | 2180 |
|
operator of the
program determines that the offender is alcohol | 2181 |
|
dependent, the
program shall notify the court, and, subject to | 2182 |
|
division (I) of
this section, the court shall order the offender | 2183 |
|
to obtain treatment through
an alcohol and drug
addiction program | 2184 |
|
authorized by section 3793.02 of the Revised
Code. | 2185 |
| (ii)
If the sentence is being imposed for a violation of | 2186 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2187 |
| section, except as
otherwise provided in
this division, a | 2188 |
| mandatory jail term of
twenty consecutive days. The court
shall | 2189 |
| impose the twenty-day
mandatory jail term under
this division | 2190 |
| unless, subject to
division (G)(3) of this section,
it instead | 2191 |
| imposes a sentence
under that division
consisting of both a jail | 2192 |
| term and a term of
house arrest with electronic monitoring, with | 2193 |
| continuous alcohol monitoring, or with both electronic monitoring | 2194 |
| and continuous alcohol monitoring. The court may impose a
jail | 2195 |
| term in
addition to the twenty-day
mandatory jail term. The | 2196 |
|
cumulative
jail term imposed for the offense shall
not exceed six | 2197 |
|
months. | 2198 |
| In addition to the jail term or the term of house arrest with | 2199 |
| electronic monitoring or continuous alcohol monitoring or both | 2200 |
types of monitoring and jail term, the court mayshall require the | 2201 |
|
offender
to attend a driver's intervention program that is | 2202 |
|
certified pursuant to
section 3793.10 of the Revised Code. If the | 2203 |
|
operator of the
program determines that the offender is alcohol | 2204 |
|
dependent, the
program shall notify the court, and, subject to | 2205 |
|
division (I) of
this section, the court shall order the offender | 2206 |
|
to obtain
treatment through an alcohol and drug addiction program | 2207 |
|
authorized
by section 3793.02 of the Revised Code. | 2208 |
| (iv)
In all cases, a class four license suspension of the | 2212 |
|
offender's driver's
license, commercial driver's license, | 2213 |
|
temporary instruction permit,
probationary license, or nonresident | 2214 |
|
operating privilege from the range
specified in division (A)(4) of | 2215 |
|
section 4510.02 of
the Revised Code. The court may grant limited | 2216 |
|
driving
privileges relative to the suspension under sections | 2217 |
|
4510.021 and 4510.13 of
the Revised Code. | 2218 |
| (v)
In all cases, if the vehicle is registered in the | 2219 |
|
offender's
name, immobilization of the vehicle involved in the | 2220 |
offense for ninety daysone year in
accordance with section | 2221 |
|
4503.233 of the
Revised Code and impoundment of the license plates | 2222 |
of that vehicle
for ninety daysone year. In addition, | 2223 |
| irrespective of whether the vehicle involved in the offense is | 2224 |
| registered in the offender's name, the court shall order the | 2225 |
| immobilization for one year in accordance with section 4503.233 of | 2226 |
| the Revised Code of all motor vehicles owned by or registered in | 2227 |
| the name of the offender and the impoundment for one year of the | 2228 |
| license plates of all such vehicles. | 2229 |
| (i)
If the sentence is being imposed for a violation of | 2242 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2243 |
|
mandatory jail term
of thirty consecutive days. The court
shall | 2244 |
|
impose the thirty-day mandatory jail term under this division | 2245 |
|
unless, subject to division (G)(3) of this section, it
instead | 2246 |
|
imposes a sentence under that division consisting of both a jail | 2247 |
|
term and a term of
house arrest with electronic monitoring, with | 2248 |
| continuous alcohol monitoring, or with both electronic monitoring | 2249 |
| and continuous alcohol monitoring. The
court may impose a
jail | 2250 |
| term in addition to the
thirty-day
mandatory jail term. | 2251 |
|
Notwithstanding the jail terms
set
forth in sections 2929.21 to | 2252 |
| 2929.28 of the Revised Code, the additional
jail
term shall not | 2253 |
|
exceed one year, and the cumulative jail term
imposed
for the | 2254 |
|
offense shall not exceed
one year. | 2255 |
| (ii)
If the sentence is being imposed for a violation of | 2256 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2257 |
| section, a mandatory
jail term of
sixty
consecutive days. The | 2258 |
| court shall impose the
sixty-day mandatory jail
term under this | 2259 |
| division unless, subject
to division (G)(3)
of this section, it | 2260 |
| instead imposes a sentence
under that division
consisting of both | 2261 |
| a jail term
and a term of
house arrest with electronic monitoring, | 2262 |
| with continuous alcohol monitoring, or with both electronic | 2263 |
| monitoring and continuous alcohol monitoring. The court may impose | 2264 |
| a
jail term in
addition to the sixty-day mandatory jail term.
| 2265 |
|
Notwithstanding
the jail terms set forth in sections 2929.21 to | 2266 |
| 2929.28 of the
Revised Code, the additional jail term shall
not | 2267 |
|
exceed one year,
and the cumulative jail term imposed for the | 2268 |
|
offense
shall not
exceed one year. | 2269 |
| (iv)
In all cases, a class three license suspension of the | 2273 |
|
offender's driver's
license, commercial driver's license, | 2274 |
|
temporary instruction permit,
probationary license, or nonresident | 2275 |
|
operating privilege from the range
specified in division (A)(3) of | 2276 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 2277 |
|
driving
privileges
relative to the suspension under sections | 2278 |
|
4510.021 and 4510.13 of the
Revised Code. | 2279 |
| (v)
In all cases, if the vehicle is registered in the | 2280 |
|
offender's
name, criminal forfeiture of the vehicle involved in | 2281 |
|
the offense in
accordance with section
4503.234 of the Revised | 2282 |
|
Code. Division (G)(6) of this section applies regarding any | 2283 |
|
vehicle that is subject to an order of criminal forfeiture under | 2284 |
|
this division. In addition, the court shall order the | 2285 |
| immobilization for one year in accordance with section 4503.233 of | 2286 |
| the Revised Code of all other motor vehicles owned by or | 2287 |
| registered in the name of the offender and the impoundment for one | 2288 |
| year of the license plates of all such vehicles. | 2289 |
| (d)
Except as otherwise provided in division
(G)(1)(e)
of | 2307 |
|
this section, an offender who, within six
years of the offense, | 2308 |
|
previously has been
convicted of or pleaded guilty to three or
| 2309 |
| four violations of division
(A) or (B) of this section or other | 2310 |
|
equivalent offenses or an offender who, within twenty years of the | 2311 |
| offense, previously has been convicted of or pleaded guilty to | 2312 |
| five or more violations of that nature is
guilty of a felony of | 2313 |
| the fourth degree.
The court shall
sentence the offender to all of | 2314 |
| the following: | 2315 |
| (i)
If the sentence is being imposed for a violation of | 2316 |
|
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2317 |
| mandatory prison term of one, two, three, four, or five years as | 2318 |
| required by and in accordance with division (G)(2) of section | 2319 |
| 2929.13 of the Revised Code if the offender also is convicted of | 2320 |
| or also pleads guilty to a specification of the type described in | 2321 |
| section 2941.1413 of the Revised Code or, in the
discretion of
the | 2322 |
| court, either a mandatory term of local
incarceration of sixty | 2323 |
| consecutive
days in accordance with
division (G)(1) of section | 2324 |
| 2929.13 of the Revised Code or a
mandatory prison term of sixty | 2325 |
| consecutive days in
accordance
with division (G)(2) of that | 2326 |
| section if the offender is not convicted of and does not plead | 2327 |
| guilty to a specification of that type. If the
court
imposes a | 2328 |
| mandatory term of local incarceration, it may impose a
jail
term | 2329 |
| in addition to the sixty-day mandatory term, the
cumulative total | 2330 |
| of the mandatory
term and the jail term for the
offense
shall not | 2331 |
| exceed one year, and, except as provided in division (A)(1) of | 2332 |
| section 2929.13 of the Revised Code, no prison term is
authorized | 2333 |
| for the
offense. If the court imposes a mandatory
prison term, | 2334 |
| notwithstanding
division (A)(4) of section 2929.14 of
the Revised | 2335 |
|
Code, it also may sentence the offender to a definite
prison term | 2336 |
|
that shall be not less than six months and not more
than thirty | 2337 |
| months and the
prison terms shall be imposed as described
in | 2338 |
| division (G)(2) of
section 2929.13 of the Revised Code. If the | 2339 |
| court imposes a mandatory prison term or mandatory prison term and | 2340 |
| additional prison term, in addition to the term or terms so | 2341 |
| imposed, the court also may sentence the offender to a community | 2342 |
| control sanction for the offense, but the offender shall serve all | 2343 |
| of the prison terms so imposed prior to serving the community | 2344 |
| control sanction. | 2345 |
| (ii)
If the sentence is being imposed for a violation of | 2346 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2347 |
| section, a mandatory prison term of one, two, three, four, or five | 2348 |
| years as required by and in accordance with division (G)(2) of | 2349 |
| section 2929.13 of the Revised Code if the offender also is | 2350 |
| convicted of or also pleads guilty to a specification of the type | 2351 |
| described in section 2941.1413 of the Revised Code or, in the | 2352 |
|
discretion of the
court, either a mandatory term of local | 2353 |
|
incarceration of one
hundred twenty consecutive days in accordance | 2354 |
|
with division (G)(1)
of section 2929.13 of the Revised Code or a | 2355 |
|
mandatory prison
term of one hundred twenty consecutive days in | 2356 |
|
accordance with division
(G)(2) of that section if the offender is | 2357 |
| not convicted of and does not plead guilty to a specification of | 2358 |
| that type. If the court
imposes a mandatory
term of local | 2359 |
| incarceration, it may impose a
jail term in addition to the one | 2360 |
|
hundred twenty-day mandatory
term, the cumulative total of the | 2361 |
| mandatory term
and the jail term
for
the offense shall not exceed | 2362 |
| one year, and, except as provided in division (A)(1) of section | 2363 |
| 2929.13 of the Revised Code, no prison term is
authorized for the | 2364 |
| offense. If the court imposes a mandatory
prison term, | 2365 |
| notwithstanding division (A)(4) of section 2929.14 of
the Revised | 2366 |
| Code,
it also may sentence the offender to a definite
prison term | 2367 |
| that shall be not
less than six months and not more
than thirty | 2368 |
| months and the prison terms shall
be imposed as described
in | 2369 |
| division (G)(2) of section 2929.13 of the Revised Code. If the | 2370 |
| court imposes a mandatory prison term or mandatory prison term and | 2371 |
| additional prison term, in addition to the term or terms so | 2372 |
| imposed, the court also may sentence the offender to a community | 2373 |
| control sanction for the offense, but the offender shall serve all | 2374 |
| of the prison terms so imposed prior to serving the community | 2375 |
| control sanction. | 2376 |
| (iv)
In all cases, a class two license suspension of the | 2380 |
|
offender's driver's
license, commercial driver's license, | 2381 |
|
temporary instruction permit,
probationary license, or nonresident | 2382 |
|
operating privilege from the range
specified in division (A)(2) of | 2383 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 2384 |
|
driving
privileges
relative to the suspension under sections | 2385 |
|
4510.021 and 4510.13 of the
Revised Code. | 2386 |
| (v)
In all cases, if the vehicle is registered in the | 2387 |
|
offender's name, criminal forfeiture of the vehicle
involved
in | 2388 |
|
the offense
in accordance with section 4503.234 of the
Revised | 2389 |
|
Code. Division (G)(6) of this section applies regarding any | 2390 |
|
vehicle that is subject to an order of
criminal
forfeiture
under | 2391 |
|
this division. In addition, the court shall order the | 2392 |
| immobilization for one year in accordance with section 4503.233 of | 2393 |
| the Revised Code of all other motor vehicles owned by or | 2394 |
| registered in the name of the offender and the impoundment for one | 2395 |
| year of the license plates of all such vehicles. | 2396 |
| (i)
If the offender is being sentenced for a violation of | 2427 |
|
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 2428 |
| mandatory prison term of one, two, three, four, or five years as | 2429 |
| required by and in accordance with division (G)(2) of section | 2430 |
| 2929.13 of the Revised Code if the offender also is convicted of | 2431 |
| or also pleads guilty to a specification of the type described in | 2432 |
| section 2941.1413 of the Revised Code or a
mandatory
prison term | 2433 |
| of sixty consecutive days in
accordance with
division (G)(2) of | 2434 |
| section 2929.13 of the Revised Code if the offender is not | 2435 |
| convicted of and does not plead guilty to a specification of that | 2436 |
| type. The court
may impose a prison term in
addition to the | 2437 |
| mandatory
prison term. The cumulative
total of
a sixty-day | 2438 |
| mandatory prison term
and the additional prison term for the | 2439 |
| offense shall
not exceed
five years. In addition to the mandatory | 2440 |
| prison term or mandatory prison term and additional prison term | 2441 |
| the court imposes, the court also may sentence the offender to a | 2442 |
| community
control sanction for the
offense, but the offender | 2443 |
| shall serve all of the prison terms so imposed prior to serving | 2444 |
| the community control sanction. | 2445 |
| (ii)
If the sentence is being imposed for a violation of | 2446 |
|
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 2447 |
| section, a mandatory prison term of one, two, three, four, or five | 2448 |
| years as required by and in accordance with division (G)(2) of | 2449 |
| section 2929.13 of the Revised Code if the offender also is | 2450 |
| convicted of or also pleads guilty to a specification of the type | 2451 |
| described in section 2941.1413 of the Revised Code or a mandatory | 2452 |
|
prison term of
one
hundred twenty consecutive days in accordance | 2453 |
|
with division (G)(2)
of section 2929.13 of the Revised Code if the | 2454 |
| offender is not convicted of and does not plead guilty to a | 2455 |
| specification of that type. The
court may
impose a prison term in | 2456 |
| addition to the mandatory
prison term. The cumulative total of a | 2457 |
| one hundred twenty-day
mandatory prison term and
the additional | 2458 |
| prison term for the
offense shall not exceed five
years. In | 2459 |
| addition to the mandatory prison term or mandatory prison term and | 2460 |
| additional prison term the court imposes, the court also may | 2461 |
| sentence the offender to a community
control sanction for the | 2462 |
|
offense, but the offender shall serve all of the prison terms so | 2463 |
| imposed prior to serving the community control sanction. | 2464 |
| (iv)
In all cases, a class two license suspension of the | 2468 |
|
offender's driver's
license, commercial driver's license, | 2469 |
|
temporary instruction permit,
probationary license, or nonresident | 2470 |
|
operating privilege from the range
specified in division (A)(2) of | 2471 |
|
section 4510.02 of the
Revised Code. The court may grant limited | 2472 |
|
driving
privileges
relative to the suspension under sections | 2473 |
|
4510.021 and 4510.13 of the
Revised Code. | 2474 |
| (v)
In all cases, if the vehicle is registered in the | 2475 |
|
offender's name, criminal forfeiture of the vehicle
involved
in | 2476 |
|
the offense
in accordance with section 4503.234 of the
Revised | 2477 |
|
Code. Division (G)(6) of this section applies regarding any | 2478 |
|
vehicle
that is subject to an order of
criminal
forfeiture under | 2479 |
|
this division. In addition, the court shall order the | 2480 |
| immobilization for one year in accordance with section 4503.233 of | 2481 |
| the Revised Code of all other motor vehicles owned by or | 2482 |
| registered in the name of the offender and the impoundment for one | 2483 |
| year of the license plates of all such vehicles. | 2484 |
| (3) If an offender is sentenced to a jail term under
division | 2509 |
|
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and | 2510 |
| if,
within sixty days of
sentencing of the offender,
the court | 2511 |
| issues a written finding on the record
that, due to the | 2512 |
|
unavailability of space at the
jail where the offender is required | 2513 |
|
to serve the term, the offender will not
be able to begin serving | 2514 |
|
that term within the
sixty-day period following the date of | 2515 |
|
sentencing, the court may
impose an alternative sentence under | 2516 |
|
this division that includes a
term of house arrest with electronic | 2517 |
| monitoring, with continuous alcohol monitoring, or with both | 2518 |
| electronic monitoring and continuous alcohol monitoring. | 2519 |
| As an alternative to a mandatory jail term of ten consecutive | 2520 |
|
days
required by division (G)(1)(b)(i) of this
section, the court, | 2521 |
|
under this division, may sentence the
offender to five consecutive | 2522 |
|
days in jail and not less than eighteen consecutive days of house | 2523 |
| arrest with electronic monitoring, with continuous alcohol | 2524 |
| monitoring, or with both electronic monitoring and continuous | 2525 |
| alcohol monitoring. The cumulative total of
the five consecutive | 2526 |
| days in
jail and the period of house arrest with electronic | 2527 |
| monitoring, continuous alcohol monitoring, or both types of | 2528 |
| monitoring shall
not exceed six months. The five
consecutive days | 2529 |
| in jail do not
have to be served prior to or
consecutively to the | 2530 |
| period of house
arrest. | 2531 |
| As an alternative to the mandatory jail term of twenty | 2532 |
|
consecutive
days required by division (G)(1)(b)(ii)
of
this | 2533 |
|
section, the
court, under this division, may sentence the offender | 2534 |
|
to ten consecutive days
in jail and not less than thirty-six | 2535 |
|
consecutive days of
house arrest with electronic monitoring, with | 2536 |
| continuous alcohol monitoring, or with both electronic monitoring | 2537 |
| and continuous alcohol monitoring. The
cumulative total of the ten | 2538 |
| consecutive days in
jail and the
period of house arrest with | 2539 |
| electronic monitoring, continuous alcohol monitoring, or both | 2540 |
| types of monitoring shall
not exceed
six months. The ten | 2541 |
| consecutive days in jail do not
have to be
served prior to or | 2542 |
| consecutively to the period of house
arrest. | 2543 |
| As an alternative to a mandatory jail term of thirty | 2544 |
|
consecutive
days required by division (G)(1)(c)(i) of
this | 2545 |
|
section, the court,
under this division, may sentence the offender | 2546 |
|
to fifteen consecutive days in
jail and not less than fifty-five | 2547 |
|
consecutive days of house arrest with electronic monitoring, with | 2548 |
| continuous alcohol monitoring, or with both electronic monitoring | 2549 |
| and continuous alcohol monitoring. The
cumulative total of the | 2550 |
| fifteen
consecutive days in jail and the
period of house arrest | 2551 |
| with electronic monitoring, continuous alcohol monitoring, or both | 2552 |
| types of monitoring shall not exceed
one year. The fifteen | 2553 |
|
consecutive days in jail
do not have to be
served prior to or | 2554 |
|
consecutively to the period of house arrest. | 2555 |
| As an alternative to the mandatory jail term of sixty | 2556 |
|
consecutive
days required by division (G)(1)(c)(ii)
of
this | 2557 |
|
section, the
court, under this division, may sentence the offender | 2558 |
|
to thirty
consecutive days in jail and not less than one hundred | 2559 |
|
ten
consecutive days of house arrest with electronic monitoring, | 2560 |
| with continuous alcohol monitoring, or with both electronic | 2561 |
| monitoring and continuous alcohol monitoring.
The
cumulative total | 2562 |
| of the thirty consecutive days in jail and
the
period of house | 2563 |
| arrest with electronic monitoring, continuous alcohol monitoring, | 2564 |
| or both types of monitoring shall not
exceed
one year. The thirty | 2565 |
| consecutive days in jail do not have
to be
served prior to or | 2566 |
| consecutively to the period of house
arrest. | 2567 |
| (4) If an offender's driver's or occupational driver's | 2568 |
|
license or
permit or nonresident operating privilege is suspended | 2569 |
|
under division
(G) of this
section and if section 4510.13 of the | 2570 |
|
Revised Code permits the
court to grant limited driving | 2571 |
|
privileges, the court may
grant the limited driving privileges
in | 2572 |
| accordance with that section. If division (A)(7) of that section | 2573 |
| requires that the court impose as a condition of the
privileges | 2574 |
| that the
offender must display on the vehicle that is
driven | 2575 |
| subject to the privileges
restricted license plates that
are | 2576 |
| issued under section 4503.231 of the Revised Code, except
as | 2577 |
|
provided in division (B) of that section, the court shall impose | 2578 |
| that condition as one of the conditions of the limited driving | 2579 |
| privileges granted to the offender, except as provided in division | 2580 |
| (B) of section 4503.231 of the Revised Code. | 2581 |
| (a)
Twenty-five dollars of the fine imposed under division | 2584 |
|
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under | 2585 |
|
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the | 2586 |
|
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten | 2587 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 2588 |
|
(e)(iii)
of this section shall be paid to an enforcement
and | 2589 |
|
education fund established by the legislative authority of the law | 2590 |
|
enforcement
agency in this state that primarily was responsible | 2591 |
|
for the arrest of the
offender, as determined by the court that | 2592 |
|
imposes the fine. The agency shall
use this share to pay only | 2593 |
|
those costs it incurs in
enforcing this section or a municipal OVI | 2594 |
|
ordinance
and in informing the public of the laws governing the | 2595 |
|
operation of
a vehicle while under the influence of alcohol, the | 2596 |
|
dangers of
the operation of a vehicle under the influence of | 2597 |
|
alcohol, and other
information relating to the operation of a | 2598 |
|
vehicle under the influence of
alcohol and the consumption of | 2599 |
|
alcoholic beverages. | 2600 |
| (b)
Fifty dollars of the fine imposed under division | 2601 |
|
(G)(1)(a)(iii)
of
this section shall be paid to the political | 2602 |
|
subdivision that pays the cost of
housing the offender during the | 2603 |
|
offender's term of incarceration. If the
offender is being | 2604 |
|
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 2605 |
| (e), or (j) of this section and was confined as a result of the | 2606 |
|
offense
prior to being
sentenced for the offense but is not | 2607 |
| sentenced to a
term of incarceration, the
fifty dollars shall
be | 2608 |
| paid to the
political subdivision that paid the cost of housing | 2609 |
|
the offender
during that period of confinement. The political | 2610 |
| subdivision
shall use the share under this division to pay or | 2611 |
|
reimburse
incarceration or treatment costs it incurs in housing or | 2612 |
|
providing
drug and alcohol treatment to persons who violate this | 2613 |
|
section or
a municipal OVI ordinance, costs of any immobilizing or | 2614 |
|
disabling
device used on the offender's vehicle, and costs of | 2615 |
| electronic
house
arrest equipment
needed for persons who violate | 2616 |
| this
section. | 2617 |
| (d)
One hundred fifteen dollars of the fine imposed under | 2625 |
|
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the | 2626 |
|
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty | 2627 |
|
dollars of the fine imposed under division
(G)(1)(d)(iii) or | 2628 |
|
(e)(iii)
of this section shall be paid to the political | 2629 |
|
subdivision
that pays the cost of housing the offender during the | 2630 |
|
offender's term of
incarceration. The political subdivision shall | 2631 |
|
use
this share to pay or reimburse incarceration or treatment | 2632 |
|
costs it incurs in
housing or providing drug and alcohol treatment | 2633 |
|
to persons who
violate this section or a municipal OVI ordinance, | 2634 |
|
costs for any
immobilizing or disabling device used on the | 2635 |
|
offender's vehicle, and costs of electronic house arrest equipment | 2636 |
|
needed for
persons who violate this section. | 2637 |
| (6) If title to a motor vehicle that is subject to an order | 2641 |
|
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 2642 |
|
this section is assigned or transferred and division (B)(2) or (3) | 2643 |
|
of section 4503.234 of the Revised Code applies, in addition to or | 2644 |
|
independent of any other penalty established by law, the court may | 2645 |
|
fine the offender the value of the vehicle as determined by | 2646 |
|
publications of the national auto dealers association. The | 2647 |
|
proceeds of any fine so imposed shall be distributed in accordance | 2648 |
|
with division (C)(2) of that section. | 2649 |
| (1) Except as otherwise provided in division (H)(2) of this | 2657 |
|
section, the offender is guilty of a misdemeanor of the fourth | 2658 |
|
degree. In
addition to any other sanction imposed for the
offense, | 2659 |
| the court shall impose a class six suspension of the
offender's | 2660 |
|
driver's license, commercial driver's license,
temporary | 2661 |
| instruction permit,
probationary license, or nonresident
operating | 2662 |
| privilege from the range
specified in division (A)(6) of
section | 2663 |
|
4510.02 of the Revised Code. | 2664 |
| (2) If, within one year of the offense, the offender | 2665 |
|
previously
has been convicted of or pleaded guilty to one or more | 2666 |
|
violations of
division (A) or (B) of this section or other | 2667 |
|
equivalent
offenses, the
offender is guilty of a
misdemeanor of | 2668 |
| the third degree. In addition to any
other
sanction imposed
for | 2669 |
| the offense, the court shall impose a class
four suspension of the | 2670 |
|
offender's driver's license, commercial
driver's license, | 2671 |
| temporary
instruction permit, probationary
license, or nonresident | 2672 |
| operating privilege
from the range
specified in division (A)(4) of | 2673 |
|
section 4510.02 of the Revised
Code. | 2674 |
| (2) Any person who operates a vehicle, streetcar, or | 2734 |
|
trackless trolley upon
a highway or any public or private property | 2735 |
|
used by the public
for vehicular travel or parking within this | 2736 |
|
state
or who is in physical control of a vehicle,
streetcar, or | 2737 |
|
trackless trolley shall be deemed
to have given
consent to a | 2738 |
|
chemical test or tests of the
person's
whole blood,
blood serum or | 2739 |
|
plasma, breath, or urine
to
determine the alcohol,
drug of abuse, | 2740 |
| controlled substance, metabolite of a controlled substance, or
| 2741 |
| combination
content of the
person's
whole blood,
blood serum
or | 2742 |
| plasma,
breath, or urine
if
arrested
for
a
violation of
division | 2743 |
| (A) or
(B) of
section 4511.19 of the Revised
Code,
section | 2744 |
| 4511.194 of
the
Revised Code or a substantially equivalent | 2745 |
| municipal ordinance, or a municipal OVI
ordinance. | 2746 |
| (3) The chemical test or tests
under division (A)(2) of this | 2747 |
|
section shall be
administered at the request of a
law
enforcement | 2748 |
|
officer having reasonable
grounds to believe the
person
was | 2749 |
|
operating
or in physical control of a
vehicle,
streetcar, or | 2750 |
|
trackless trolley in
violation of a division,
section, or | 2751 |
|
ordinance identified in
division (A)(2) of this
section. The law | 2752 |
|
enforcement agency by
which the
officer is
employed shall | 2753 |
|
designate which of the tests
shall be
administered. | 2754 |
| (5)(a) If a law enforcement officer arrests a person for a | 2760 |
| violation of division (A) or (B) of section 4511.19 of the Revised | 2761 |
| Code, section 4511.194 of the Revised Code or a substantially | 2762 |
| equivalent municipal ordinance, or a municipal OVI ordinance and | 2763 |
| if the person previously has been convicted of or pleaded guilty | 2764 |
| to two or more violations of division (A) or (B) of section | 2765 |
| 4511.19 of the Revised Code or other equivalent offenses, the law | 2766 |
| enforcement officer shall request the person to submit, and the | 2767 |
| person shall submit, to a chemical test or tests of the person's | 2768 |
| whole blood, blood serum or plasma, breath, or urine for the | 2769 |
| purpose of determining the alcohol, drug of abuse, controlled | 2770 |
| substance, metabolite of a controlled substance, or combination | 2771 |
| content of the person's whole blood, blood serum or plasma, | 2772 |
| breath, or urine. A law enforcement officer who makes a request | 2773 |
| pursuant to this division that a person submit to a chemical test | 2774 |
| or tests is not required to advise the person of the consequences | 2775 |
| of submitting to, or refusing to submit to, the test or tests and | 2776 |
| is not required to give the person the form described in division | 2777 |
| (B) of section 4511.192 of the Revised Code, but the officer shall | 2778 |
| advise the person at the time of the arrest that the person may | 2779 |
| have an independent chemical test taken at the person's own | 2780 |
| expense. Divisions (A)(3) and (4) of this section apply to the | 2781 |
| administration of a chemical test or tests pursuant to this | 2782 |
| division. | 2783 |
| (b) If a person refuses to submit to a chemical test upon a | 2784 |
| request made pursuant to division (A)(5)(a) of this section, the | 2785 |
| law enforcement officer who made the request may employ whatever | 2786 |
| reasonable means are necessary to ensure that the person submits | 2787 |
| to a chemical test of the person's whole blood or blood serum or | 2788 |
| plasma. A law enforcement officer who acts pursuant to this | 2789 |
| division to ensure that a person submits to a chemical test of the | 2790 |
| person's whole blood or blood serum or plasma is immune from | 2791 |
| criminal and civil liability based upon a claim for assault and | 2792 |
| battery or any other claim for the acts, unless the officer so | 2793 |
| acted with malicious purpose, in bad faith, or in a wanton or | 2794 |
| reckless manner. | 2795 |
| (B)(1) Upon receipt of the sworn report of
a
law
enforcement | 2796 |
|
officer
who arrested a person for a violation of
division (A) or | 2797 |
| (B) of section 4511.19 of the Revised Code,
section 4511.194 of | 2798 |
| the Revised Code or a substantially equivalent municipal | 2799 |
| ordinance, or a municipal OVI ordinance
that was completed and | 2800 |
| sent to the registrar and a court pursuant
to
section
4511.192 of | 2801 |
| the
Revised Code in regard to a
person who
refused to take the | 2802 |
|
designated chemical test, the
registrar shall
enter into the | 2803 |
|
registrar's records the fact
that the person's
driver's or | 2804 |
|
commercial driver's license or permit or nonresident
operating | 2805 |
|
privilege was suspended by the arresting officer under
this | 2806 |
|
division and that section and the period of the
suspension,
as | 2807 |
| determined under
this
section. The suspension shall be
subject to | 2808 |
| appeal as
provided in
section
4511.197 of the Revised
Code. The | 2809 |
| suspension
shall be for whichever of the
following
periods | 2810 |
| applies: | 2811 |
| (b) If the arrested person, within
six years of the
date
on | 2817 |
|
which the person refused the request to consent to the
chemical | 2818 |
|
test,
had refused one previous request to consent to a
chemical | 2819 |
|
test or had been convicted of or pleaded guilty to one violation | 2820 |
| of division (A) or (B) of section 4511.19 of the Revised Code or | 2821 |
| one other equivalent offense, the
suspension
shall be
a class B | 2822 |
| suspension imposed for
the period of time
specified in division | 2823 |
| (B)(2) of section 4510.02
of the Revised
Code. | 2824 |
| (c) If the arrested person, within
six years of the
date
on | 2825 |
|
which the person refused the request to consent to the
chemical | 2826 |
|
test,
had refused two previous requests to consent to a
chemical | 2827 |
|
test,
had been convicted of or pleaded guilty to two violations of | 2828 |
| division (A) or (B) of section 4511.19 of the Revised Code or | 2829 |
| other equivalent offenses, or had refused one previous request to | 2830 |
| consent to a chemical test and also had been convicted of or | 2831 |
| pleaded guilty to one violation of division (A) or (B) of section | 2832 |
| 4511.19 of the Revised Code or other equivalent offenses, which | 2833 |
| violation or offense arose from an incident other than the | 2834 |
| incident that led to the refusal, the
suspension
shall be
a class | 2835 |
| A suspension imposed for
the period of time
specified in division | 2836 |
| (B)(1) of section 4510.02
of the Revised
Code. | 2837 |
| (d) If the arrested person, within
six years of the
date
on | 2838 |
|
which the person refused the request to consent to the
chemical | 2839 |
|
test,
had refused three or more previous requests to
consent to a | 2840 |
|
chemical test, had been convicted of or pleaded guilty to three or | 2841 |
| more violations of division (A) or (B) of section 4511.19 of the | 2842 |
| Revised Code or other equivalent offenses, or had refused a number | 2843 |
| of previous requests to consent to a chemical test and also had | 2844 |
| been convicted of or pleaded guilty to a number of violations of | 2845 |
| division (A) or (B) of section 4511.19 of the Revised Code or | 2846 |
| other equivalent offenses that cumulatively total three or more | 2847 |
| such refusals, convictions, and guilty pleas, each of which | 2848 |
| violations or offenses arose from an incident other than the | 2849 |
| incident that led to any of the refusals, the
suspension
shall be | 2850 |
|
for five
years. | 2851 |
| (2)
The registrar shall terminate a suspension of the | 2852 |
|
driver's or commercial driver's license
or permit of a resident or | 2853 |
|
of the operating privilege of a nonresident, or a
denial of a | 2854 |
|
driver's or commercial
driver's license or permit, imposed | 2855 |
|
pursuant to division (B)(1) of
this
section upon receipt of notice | 2856 |
|
that the person has entered a
plea of guilty to, or that the | 2857 |
| person has been
convicted after entering a plea of no contest to, | 2858 |
| operating a vehicle in violation
of section 4511.19
of
the Revised | 2859 |
| Code or in violation of a municipal
OVI ordinance,
if the offense | 2860 |
| for which the conviction is had or
the
plea is
entered arose from | 2861 |
| the same incident that led to the suspension or
denial. | 2862 |
| (C)(1) Upon receipt of the sworn report of the
law | 2870 |
|
enforcement
officer
who arrested a person for a violation of | 2871 |
|
division (A) or
(B) of section 4511.19 of the Revised Code or a | 2872 |
|
municipal OVI
ordinance that was completed and sent to the | 2873 |
|
registrar and a court
pursuant
to
section
4511.192 of the Revised | 2874 |
| Code in regard to a
person
whose test
results indicate that the | 2875 |
| person's
whole blood,
blood
serum or
plasma, breath, or urine | 2876 |
|
contained
at least the
concentration
of
alcohol
specified in | 2877 |
|
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 2878 |
|
Revised Code or at least the concentration of a listed controlled | 2879 |
| substance or a listed metabolite of a controlled substance | 2880 |
| specified in division (A)(1)(j) of section 4511.19 of the Revised | 2881 |
| Code, the registrar
shall
enter into the registrar's
records the | 2882 |
| fact that the
person's
driver's or
commercial
driver's
license or | 2883 |
| permit or
nonresident
operating privilege was
suspended
by the | 2884 |
| arresting
officer under
this
division
and section
4511.192 of the | 2885 |
| Revised Code and the
period of the
suspension, as
determined
under | 2886 |
divisions (F)(C)(1)(a) to
(4)(d) of this
section. The
suspension | 2887 |
|
shall be subject to appeal as
provided in
section
4511.197 of the | 2888 |
| Revised Code. The
suspension
described in
this division does not | 2889 |
| apply to, and shall
not be
imposed upon, a
person arrested for a | 2890 |
| violation of section
4511.194
of the Revised
Code or a | 2891 |
| substantially equivalent municipal ordinance who submits to a | 2892 |
| designated chemical
test.
The
suspension
shall
be for whichever of | 2893 |
| the following
periods
applies: | 2894 |
| (2) The registrar shall terminate a suspension of the | 2918 |
|
driver's or
commercial driver's license
or permit of a resident or | 2919 |
|
of the
operating privilege of a nonresident,
or a denial of a | 2920 |
|
driver's or
commercial driver's license or permit, imposed | 2921 |
|
pursuant to
division (C)(1) of this section
upon receipt of notice | 2922 |
|
that the
person has entered a plea of guilty to, or that the | 2923 |
| person has
been
convicted after entering a plea of no contest to, | 2924 |
|
operating
a vehicle in violation of section 4511.19
of the Revised | 2925 |
|
Code or
in violation of a municipal OVI ordinance,
if the
offense | 2926 |
|
for which the conviction is had or the plea is
entered arose from | 2927 |
|
the same incident that led to the suspension or
denial. | 2928 |
| (D)(1) A suspension of a person's driver's or commercial | 2936 |
|
driver's license or permit or nonresident operating privilege | 2937 |
|
under
this section for the
time
described in division
(B) or
(C) | 2938 |
|
of this section is
effective
immediately from the time at which | 2939 |
|
the arresting officer
serves
the notice of suspension upon the | 2940 |
|
arrested person. Any
subsequent finding that the person is not | 2941 |
|
guilty of the charge
that resulted in the person being requested | 2942 |
|
to take
the chemical test or tests under division (A) of
this | 2943 |
|
section
does not affect the suspension. | 2944 |
| (2) If a person is arrested for operating a vehicle, | 2945 |
|
streetcar, or trackless trolley in violation of division (A) or | 2946 |
|
(B) of section 4511.19 of the Revised Code or a municipal OVI | 2947 |
|
ordinance, or for being in physical control of a
vehicle, | 2948 |
|
streetcar, or trackless trolley in violation of section
4511.194 | 2949 |
|
of the
Revised Code or a substantially equivalent municipal | 2950 |
| ordinance,
regardless of whether the person's
driver's
or | 2951 |
|
commercial
driver's license or permit or nonresident
operating | 2952 |
|
privilege is
or is not suspended under division
(B)
or
(C)
of this | 2953 |
|
section
or Chapter 4510. of the Revised Code,
the person's
initial | 2954 |
|
appearance on the charge resulting from the
arrest shall
be held | 2955 |
|
within five days of the person's arrest or
the issuance of
the | 2956 |
|
citation to the person, subject to any
continuance
granted by
the | 2957 |
|
court pursuant to
section
4511.197 of
the Revised Code
regarding | 2958 |
|
the issues
specified in that division. | 2959 |
| (F) At the end of a suspension period under this section, | 2967 |
|
under section 4511.194,
section 4511.196, or division
(G) of | 2968 |
|
section
4511.19 of the
Revised Code, or under section
4510.07 of | 2969 |
|
the
Revised Code for a violation of a municipal OVI
ordinance and | 2970 |
|
upon
the request of the person whose driver's or
commercial | 2971 |
|
driver's
license or permit was suspended and who is
not
otherwise | 2972 |
|
subject
to suspension,
cancellation, or
disqualification, the | 2973 |
|
registrar shall return the driver's or
commercial driver's license | 2974 |
|
or permit to the person upon the
occurrence of all of the | 2975 |
|
conditions
specified in divisions
(F)(1) and (2)
of this section: | 2976 |
| (a) One hundred twelve dollars and fifty
cents shall be | 2989 |
|
credited to the statewide
treatment and prevention fund created by | 2990 |
|
section 4301.30 of the Revised Code.
The fund shall be
used to | 2991 |
|
pay the costs of driver treatment and
intervention programs | 2992 |
|
operated pursuant to sections 3793.02 and
3793.10 of the Revised | 2993 |
|
Code. The director of alcohol and drug
addiction services shall | 2994 |
|
determine the share of the fund that is
to be allocated to alcohol | 2995 |
|
and drug addiction programs authorized
by section 3793.02 of the | 2996 |
|
Revised Code, and the share of the fund
that is to be allocated to | 2997 |
|
drivers' intervention programs
authorized by section 3793.10 of | 2998 |
|
the Revised Code. | 2999 |
| (c) Thirty-seven dollars and fifty cents
shall be credited
to | 3002 |
| the indigent
drivers alcohol treatment fund, which is hereby | 3003 |
|
established. Except as
otherwise provided in division
(F)(2)(c)
of | 3004 |
| this section, moneys in the fund shall be
distributed by the | 3005 |
|
department of alcohol and drug addiction
services to the county | 3006 |
|
indigent drivers alcohol
treatment funds,
the county juvenile | 3007 |
|
indigent drivers alcohol treatment funds,
and
the municipal | 3008 |
|
indigent drivers alcohol treatment funds that are
required to be | 3009 |
|
established by counties and municipal corporations
pursuant
to | 3010 |
|
this section, and shall be used only
to pay
the cost of an alcohol | 3011 |
|
and drug addiction treatment program
attended by an offender or | 3012 |
|
juvenile traffic offender who is
ordered to attend an alcohol and | 3013 |
|
drug addiction treatment program
by a county, juvenile, or | 3014 |
|
municipal court judge and who is
determined by the county, | 3015 |
|
juvenile, or municipal court judge not
to have the means to pay | 3016 |
|
for
the person's attendance at the
program or to pay the costs | 3017 |
|
specified in division
(H)(4) of
this section in accordance with | 3018 |
|
that
division. In addition, a county, juvenile, or municipal court | 3019 |
| judge may use moneys in the county indigent drivers alcohol | 3020 |
| treatment fund, county juvenile indigent drivers alcohol treatment | 3021 |
| fund, or municipal indigent drivers alcohol treatment fund to pay | 3022 |
| for the cost of the continued use of an electronic continuous | 3023 |
| alcohol monitoring device as described in divisions (H)(3) and (4) | 3024 |
| of this section. Moneys in the fund
that are not
distributed to a | 3025 |
|
county indigent drivers alcohol
treatment fund,
a county juvenile | 3026 |
|
indigent drivers alcohol
treatment fund, or a
municipal indigent | 3027 |
|
drivers alcohol treatment
fund under division
(H) of this section | 3028 |
|
because the director of
alcohol and drug addiction
services does | 3029 |
|
not have the information
necessary to identify the county or | 3030 |
|
municipal corporation where
the offender or juvenile offender was | 3031 |
|
arrested may
be transferred
by the director of budget and | 3032 |
|
management to the
statewide
treatment and prevention
fund created | 3033 |
|
by section
4301.30 of the
Revised Code, upon certification of the | 3034 |
|
amount by the director
of
alcohol and drug
addiction services. | 3035 |
| (d) Seventy-five dollars shall be credited to the Ohio | 3036 |
|
rehabilitation services commission established by section 3304.12 | 3037 |
|
of the Revised Code, to the services for rehabilitation fund, | 3038 |
|
which is hereby established. The fund shall be used to match | 3039 |
|
available federal matching funds where appropriate, and for any | 3040 |
|
other purpose or program of the commission to rehabilitate people | 3041 |
|
with disabilities to help them become employed and independent. | 3042 |
| (3) If a person's driver's or commercial driver's license or | 3054 |
|
permit is suspended under
this
section,
under section 4511.196 or | 3055 |
|
division
(G) of section
4511.19 of the Revised Code,
under
section | 3056 |
| 4510.07 of the Revised
Code for a violation of a municipal
OVI | 3057 |
| ordinance or
under any
combination of the
suspensions
described in | 3058 |
| division
(F)(3) of
this section, and if the
suspensions arise from | 3059 |
| a single incident
or a single set of facts
and
circumstances, the | 3060 |
| person is liable
for payment of, and shall
be required to
pay to | 3061 |
| the bureau, only
one reinstatement fee of
four hundred
twenty-five | 3062 |
|
dollars.
The
reinstatement fee shall be
distributed by the bureau | 3063 |
| in
accordance
with division
(F)(2) of
this section. | 3064 |
| (4) The attorney general shall use amounts in the drug abuse | 3065 |
|
resistance education programs fund to award grants to law | 3066 |
|
enforcement agencies to establish and implement drug abuse | 3067 |
|
resistance education programs in public schools. Grants awarded
to | 3068 |
| a law enforcement agency under
this
section shall be used by
the | 3069 |
| agency to pay for not more than
fifty
per cent of the amount
of | 3070 |
| the salaries of law enforcement
officers
who conduct drug abuse | 3071 |
|
resistance education programs in
public
schools. The attorney | 3072 |
|
general shall not use more than six
per
cent of the amounts the | 3073 |
|
attorney general's office
receives under
division
(F)(2)(e) of | 3074 |
|
this section to pay the costs it incurs
in
administering the grant | 3075 |
|
program established by division
(F)(2)(e)
of this section and in | 3076 |
|
providing training and
materials relating
to drug abuse resistance | 3077 |
|
education programs. | 3078 |
| (G) Suspension of a commercial driver's license under | 3084 |
|
division
(B) or
(C) of this section shall be concurrent with
any | 3085 |
|
period of disqualification under section 3123.611 or
4506.16
of | 3086 |
|
the Revised Code or any period of suspension under section
3123.58 | 3087 |
|
of the Revised Code. No person who is disqualified for
life from | 3088 |
|
holding a
commercial driver's license under section
4506.16 of the | 3089 |
|
Revised
Code shall be issued a driver's license
under Chapter | 3090 |
|
4507. of
the Revised Code during the period for
which the | 3091 |
|
commercial
driver's license was suspended under division
(B) or | 3092 |
|
(C) of this
section. No person whose
commercial driver's license | 3093 |
|
is
suspended under division
(B) or
(C) of this section shall be | 3094 |
|
issued a driver's license under
Chapter 4507. of the Revised Code | 3095 |
|
during the period
of
the suspension. | 3096 |
| (H)(1) Each county shall establish an indigent drivers | 3097 |
|
alcohol treatment fund, each county shall establish a juvenile | 3098 |
|
indigent drivers alcohol treatment fund, and each municipal | 3099 |
|
corporation in which there is a municipal court shall establish
an | 3100 |
|
indigent drivers alcohol treatment fund. All revenue that the | 3101 |
|
general assembly appropriates to the indigent drivers alcohol | 3102 |
|
treatment fund for transfer to a county indigent drivers alcohol | 3103 |
|
treatment fund, a county juvenile indigent drivers alcohol | 3104 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 3105 |
|
fund, all portions of fees that are paid under division (F) of | 3106 |
|
this section and that are credited under that division to the | 3107 |
|
indigent drivers alcohol treatment fund in the state treasury for | 3108 |
|
a county indigent drivers alcohol treatment fund, a county | 3109 |
|
juvenile indigent drivers alcohol treatment fund, or a municipal | 3110 |
|
indigent drivers alcohol treatment fund, and all portions of
fines | 3111 |
|
that are specified for deposit into a county or municipal
indigent | 3112 |
|
drivers alcohol treatment fund by section 4511.193 of
the Revised | 3113 |
|
Code shall be deposited into that county indigent
drivers alcohol | 3114 |
|
treatment fund, county juvenile indigent drivers
alcohol treatment | 3115 |
|
fund, or municipal indigent drivers alcohol
treatment fund in | 3116 |
|
accordance with division
(H)(2) of this
section. Additionally,
all | 3117 |
| portions of fines that are paid for a
violation of section
4511.19 | 3118 |
| of the Revised Code or
of any prohibition contained in
Chapter | 3119 |
| 4510. of the Revised Code,
and that are
required under
section
| 3120 |
|
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to | 3121 |
| be
deposited
into a county indigent drivers alcohol
treatment fund | 3122 |
|
or municipal
indigent drivers alcohol treatment
fund shall be | 3123 |
|
deposited into
the appropriate fund in accordance
with the | 3124 |
|
applicable division. | 3125 |
| (3) Expenditures from a county indigent drivers alcohol | 3160 |
|
treatment fund, a county juvenile indigent drivers alcohol | 3161 |
|
treatment fund, or a municipal indigent drivers alcohol treatment | 3162 |
|
fund shall be made only upon the order of a county, juvenile, or | 3163 |
|
municipal court judge and only for payment of the cost of the | 3164 |
|
attendance at an alcohol and drug addiction treatment program of
a | 3165 |
|
person who is convicted of, or found to be a juvenile traffic | 3166 |
|
offender by reason of, a violation of division (A) of section | 3167 |
|
4511.19 of the Revised Code or a substantially similar municipal | 3168 |
|
ordinance, who is ordered by the court to attend the alcohol and | 3169 |
|
drug addiction treatment program, and who is determined by the | 3170 |
|
court to be unable to pay the cost of attendance at the
treatment | 3171 |
|
program or for payment of the costs specified in division
(H)(4) | 3172 |
|
of this section in accordance with that division. The
alcohol and | 3173 |
|
drug addiction services board or the board of alcohol,
drug | 3174 |
|
addiction, and
mental health services established pursuant to | 3175 |
|
section 340.02 or
340.021 of
the Revised Code and serving the | 3176 |
|
alcohol, drug addiction, and mental
health service district in | 3177 |
|
which the court is located shall
administer the indigent drivers | 3178 |
|
alcohol treatment program of the
court. When a court orders an | 3179 |
|
offender or juvenile traffic
offender to attend an alcohol and | 3180 |
|
drug addiction treatment
program, the board shall determine which | 3181 |
|
program is suitable to
meet the needs of the offender or juvenile | 3182 |
|
traffic offender, and
when a suitable program is located and space | 3183 |
|
is available at the
program, the offender or juvenile traffic | 3184 |
|
offender shall attend
the program designated by the board. A | 3185 |
|
reasonable amount not to
exceed five per cent of the amounts | 3186 |
|
credited to and deposited
into the county indigent drivers alcohol | 3187 |
|
treatment fund, the
county juvenile indigent drivers alcohol | 3188 |
|
treatment fund, or the
municipal indigent drivers alcohol | 3189 |
|
treatment fund serving every
court whose program is administered | 3190 |
|
by that board shall be paid
to the board to cover the costs it | 3191 |
|
incurs in administering those
indigent drivers alcohol treatment | 3192 |
|
programs. | 3193 |
| In addition, a county, juvenile, or municipal court judge may | 3194 |
| use moneys in the county indigent drivers alcohol treatment fund, | 3195 |
| county juvenile indigent drivers alcohol treatment fund, or | 3196 |
| municipal indigent drivers alcohol treatment fund to pay for the | 3197 |
| continued use of an electronic continuous alcohol monitoring | 3198 |
| device by an offender or juvenile traffic offender, in conjunction | 3199 |
| with a treatment program approved by the department of alcohol and | 3200 |
| drug addiction services, when such use is determined clinically | 3201 |
| necessary by the treatment program and when the court determines | 3202 |
| that the offender or juvenile traffic offender is unable to pay | 3203 |
| all or part of the daily monitoring of the device. | 3204 |
| (4) If a county, juvenile, or municipal court determines, in | 3205 |
|
consultation with the alcohol and drug addiction services board or | 3206 |
|
the board
of alcohol, drug addiction, and mental health services | 3207 |
|
established pursuant to
section 340.02 or 340.021 of the Revised | 3208 |
|
Code
and serving the alcohol, drug addiction, and
mental health | 3209 |
|
district in which the court is located, that
the funds in the | 3210 |
|
county indigent drivers alcohol treatment fund, the county | 3211 |
|
juvenile indigent drivers alcohol treatment fund, or the municipal | 3212 |
|
indigent
drivers alcohol treatment fund under the control of the | 3213 |
|
court are more than
sufficient to satisfy the purpose for which | 3214 |
|
the fund was established, as
specified in divisions
(H)(1) to
(3) | 3215 |
|
of this section, the
court may declare a surplus in the fund.
If | 3216 |
|
the court declares a surplus in
the fund, the court may expend
the | 3217 |
|
amount of the surplus in the fund for: | 3218 |
Sec. 4511.192. (A)
TheExcept as provided in division (A)(5) | 3232 |
| of section 4511.191 of the Revised Code, the arresting law | 3233 |
| enforcement officer
shall give
advice
in
accordance with
this | 3234 |
| section to any person
under arrest
for a
violation of division (A) | 3235 |
| or (B) of section
4511.19
of the
Revised
Code, section 4511.194 of | 3236 |
| the Revised Code or a substantially equivalent municipal | 3237 |
| ordinance,
or a municipal
OVI
ordinance. The
officer shall give | 3238 |
| that advice
in
a written
form
that
contains the information | 3239 |
| described in
division (B) of
this
section and shall read the | 3240 |
|
advice to the
person. The
form
shall
contain a statement that the | 3241 |
| form was
shown to the
person
under
arrest and read to the person | 3242 |
| by the
arresting officer. One
or
more persons shall witness the | 3243 |
|
arresting officer's reading of
the
form, and
the witnesses shall | 3244 |
|
certify to this fact by signing
the
form. The person must submit | 3245 |
| to the chemical test or tests, subsequent to the request of the | 3246 |
| arresting officer, within two hours of the time of the alleged | 3247 |
| violation and, if the person does not submit to the test or tests | 3248 |
| within that two-hour time limit, the failure to submit | 3249 |
| automatically constitutes a refusal to submit to the test or | 3250 |
| tests. | 3251 |
(B)
IfExcept as provided in division (A)(5) of section | 3252 |
| 4511.191 of the Revised Code, if a person is under arrest as | 3253 |
| described in division
(A)
of
this section, before the person may | 3254 |
| be requested to submit to a
chemical test
or tests to determine | 3255 |
| the alcohol, drug of abuse, controlled substance, metabolite of a | 3256 |
| controlled substance, or combination content
of the
person's whole | 3257 |
| blood, blood serum or plasma, breath, or urine, the
arresting | 3258 |
| officer
shall read the
following form to the person: | 3259 |
| "You now are under arrest for (specifically state the
offense | 3260 |
|
under state law or a substantially equivalent municipal ordinance | 3261 |
|
for which the person was arrested - operating a vehicle
under
the | 3262 |
|
influence of alcohol, a drug, or a combination
of them;
operating | 3263 |
| a vehicle while under the influence of a listed controlled | 3264 |
| substance or a listed metabolite of a controlled substance; | 3265 |
| operating
a vehicle after
underage alcohol consumption; or having | 3266 |
|
physical
control of a vehicle while under the influence). | 3267 |
| If you refuse to take any chemical test required
by law, your | 3268 |
|
Ohio driving privileges will be suspended immediately, and you | 3269 |
|
will have to pay a fee to have the privileges reinstated. If you | 3270 |
| have a prior conviction of OVI, OVUAC, or operating a vehicle | 3271 |
| while under the influence of a listed controlled substance or a | 3272 |
| listed metabolite of a controlled substance under state or | 3273 |
| municipal law within the preceding twenty years, you now are under | 3274 |
| arrest for state OVI, and, if you refuse to take a chemical test, | 3275 |
| you will face increased penalties if you subsequently are | 3276 |
| convicted of the state OVI. | 3277 |
| (Read this part unless the person is under arrest for solely | 3278 |
|
having physical control of a
vehicle while under the influence.) | 3279 |
|
If you take any chemical test required by law and
are
found to be | 3280 |
|
at or
over the
prohibited amount of alcohol, a controlled | 3281 |
| substance, or a metabolite of a controlled substance in
your
whole | 3282 |
| blood,
blood serum or plasma, breath,
or urine as set by law, your | 3283 |
| Ohio driving privileges will
be
suspended immediately, and you | 3284 |
| will have to pay a fee to have
the
privileges reinstated. | 3285 |
| (C) If the arresting law enforcement officer does not ask a | 3288 |
|
person under arrest as described in division (A) of this
section | 3289 |
| or division (A)(5) of section 4511.191 of the Revised Code to | 3290 |
| submit to a chemical
test or tests under section 4511.191 of
the | 3291 |
| Revised Code,
the arresting officer shall seize the Ohio or | 3292 |
|
out-of-state
driver's or commercial driver's license or permit of | 3293 |
|
the person
and immediately forward it to the court in which the | 3294 |
|
arrested person is to appear on the charge. If the arrested
person | 3295 |
| is not in
possession of
the person's license or permit or
it is | 3296 |
| not in the
person's vehicle, the officer shall order the
person to | 3297 |
| surrender it
to the law enforcement agency that employs
the | 3298 |
| officer within
twenty-four hours after the arrest, and, upon
the | 3299 |
| surrender, the
agency immediately shall forward the license or | 3300 |
|
permit to the
court in which the person is to appear on the | 3301 |
|
charge. Upon
receipt of the license or permit, the court shall | 3302 |
|
retain it
pending the arrested person's initial appearance and any | 3303 |
|
action taken
under section 4511.196 of the Revised Code. | 3304 |
| (D)(1) If a law enforcement officer asks a person under | 3305 |
| arrest as described in division (A)(5) of section 4511.191 of the | 3306 |
| Revised Code to submit to a chemical test or tests under that | 3307 |
| section and the test results indicate a prohibited concentration | 3308 |
| of alcohol, a controlled substance, or a metabolite of a | 3309 |
| controlled substance in the person's whole blood, blood serum or | 3310 |
| plasma, breath, or urine at the time of the alleged offense, or if | 3311 |
| a law enforcement officer asks a person under
arrest as
described | 3312 |
| in division (A) of this
section to submit to a
chemical
test or | 3313 |
tests under section 4511.191 of the Revised Code,
if the officer | 3314 |
| advises the person in accordance with this section
of the | 3315 |
consequences of the person's refusal or submission,
and if
either | 3316 |
| the person refuses to submit to the test or tests or,
unless the | 3317 |
|
arrest was for a violation of section 4511.194 of the
Revised Code | 3318 |
| or a substantially equivalent municipal ordinance, the person | 3319 |
| submits to the
test or tests and the test
results indicate a | 3320 |
|
prohibited concentration of alcohol, a controlled substance, or a | 3321 |
| metabolite of a controlled substance in the
person's whole blood, | 3322 |
|
blood serum or plasma, breath, or urine at
the time of the alleged | 3323 |
| offense,
the arresting officer shall do
all of the following: | 3324 |
| (a) On behalf of the registrar of motor vehicles, notify the | 3325 |
|
person that, independent of any penalties or sanctions imposed | 3326 |
|
upon the
person, the person's Ohio driver's or commercial driver's | 3327 |
|
license
or permit or nonresident operating privilege is suspended | 3328 |
|
immediately,
that the suspension will last at least until the | 3329 |
|
person's
initial appearance on the charge, which will be held | 3330 |
|
within five days
after the date of the person's arrest or the | 3331 |
|
issuance of a
citation to the person, and that the person may | 3332 |
|
appeal the
suspension at the initial appearance or during the | 3333 |
|
period of time
ending thirty days after that initial appearance; | 3334 |
| (b) Seize the driver's or commercial driver's license or | 3335 |
|
permit
of the person and immediately forward it to the registrar. | 3336 |
|
If the
arrested person is not in possession of the person's | 3337 |
|
license or permit
or it is not in the person's vehicle, the | 3338 |
|
officer shall order the person to
surrender it to the
law | 3339 |
|
enforcement agency that employs the officer within twenty-four | 3340 |
|
hours after the person is given notice of the suspension, and, | 3341 |
|
upon the surrender, the officer's employing agency immediately | 3342 |
|
shall forward the license or permit to the registrar. | 3343 |
| (i) That the officer had reasonable grounds to believe that, | 3350 |
|
at
the time of the arrest, the arrested person was operating a | 3351 |
|
vehicle, streetcar, or trackless trolley in
violation of division | 3352 |
|
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal | 3353 |
|
OVI ordinance or for being in physical control of a stationary | 3354 |
|
vehicle, streetcar, or trackless trolley in violation of section | 3355 |
|
4511.194 of the Revised Code or a substantially equivalent | 3356 |
| municipal ordinance; | 3357 |
(iv) ThatUnless division (D)(1)(d)(v) of this section | 3368 |
| applies, that either the person refused to submit to the
chemical | 3369 |
|
test
or tests or, unless the arrest was for a violation
of section | 3370 |
| 4511.194 of the Revised Code or a substantially equivalent | 3371 |
| municipal ordinance,
the person submitted to
the chemical test or | 3372 |
| tests and the test results
indicate a
prohibited concentration of | 3373 |
|
alcohol, a controlled substance, or a metabolite of a controlled | 3374 |
| substance in the person's whole blood,
blood serum or plasma, | 3375 |
|
breath, or urine at the time of the alleged
offense; | 3376 |
| (v) If the person was under arrest as described in division | 3377 |
| (A)(5) of section 4511.191 of the Revised Code and the chemical | 3378 |
| test or tests were performed in accordance with that division, | 3379 |
| that the person was under arrest as described in that division, | 3380 |
| that the chemical test or tests were performed in accordance with | 3381 |
| that division, and that test results indicated a prohibited | 3382 |
| concentration of alcohol, a controlled substance, or a metabolite | 3383 |
| of a controlled substance in the person's whole blood, blood serum | 3384 |
| or plasma, breath, or urine at the time of the alleged offense. | 3385 |
| (2) Division (D)(1) of this section does not apply to a | 3386 |
|
person
who is arrested for a violation of section 4511.194 of the | 3387 |
|
Revised Code or a substantially equivalent municipal ordinance, | 3388 |
| who is asked by a
law enforcement officer to submit
to a
chemical | 3389 |
| test or tests under section 4511.191 of the Revised
Code,
and who | 3390 |
| submits to the test or tests, regardless of the
amount of
alcohol, | 3391 |
| a controlled substance, or a metabolite of a controlled substance | 3392 |
| that the test results indicate is present in the
person's
whole | 3393 |
| blood, blood serum or plasma, breath, or urine. | 3394 |
| (E)
The arresting officer shall give the officer's sworn | 3395 |
|
report
that is completed under this
section to the arrested person | 3396 |
|
at the time of the arrest, or the registrar of
motor vehicles | 3397 |
|
shall send the report to the person
by regular first
class mail as | 3398 |
|
soon
as possible after receipt of the report, but not later than | 3399 |
|
fourteen days
after receipt of it. An
arresting officer may give | 3400 |
|
an unsworn report to the arrested person at the
time
of the arrest | 3401 |
|
provided the report is complete when given to the
arrested person | 3402 |
|
and subsequently is sworn to by the arresting
officer. As soon as | 3403 |
|
possible, but not later than forty-eight
hours after the arrest of | 3404 |
|
the person, the arresting officer shall
send a copy of the sworn | 3405 |
|
report to the court in which the arrested
person is to appear on | 3406 |
|
the charge for which the person was
arrested. | 3407 |
| Sec. 4511.193. (A) Twenty-five dollars of any fine
imposed | 3416 |
|
for a violation of a municipal
OVI ordinance
shall be deposited | 3417 |
|
into the municipal or
county indigent
drivers alcohol treatment | 3418 |
|
fund created pursuant
to division
(H)
of section 4511.191 of the | 3419 |
|
Revised Code in
accordance with this
section and section 733.40, | 3420 |
|
divisions (A)
and (B) of section
1901.024, division (F) of section | 3421 |
|
1901.31, or
division (C) of
section 1907.20 of the Revised Code. | 3422 |
|
Regardless
of whether the
fine is imposed by a municipal court, a | 3423 |
|
mayor's
court, or a
juvenile court, if the fine was imposed for a | 3424 |
|
violation of an
ordinance of a municipal corporation that is | 3425 |
|
within the
jurisdiction of a municipal court, the twenty-five | 3426 |
|
dollars that is
subject to this section shall be deposited into | 3427 |
|
the indigent
drivers alcohol treatment fund of the municipal | 3428 |
|
corporation in
which is located the municipal court that has | 3429 |
|
jurisdiction over
that municipal corporation. Regardless of | 3430 |
|
whether the fine is
imposed by a county court, a mayor's court,
or | 3431 |
|
a juvenile court,
if the fine was imposed for a violation of
an | 3432 |
|
ordinance of a
municipal corporation that is within the | 3433 |
|
jurisdiction of a county
court, the twenty-five dollars that is | 3434 |
|
subject to this section
shall be deposited into the indigent | 3435 |
|
drivers alcohol treatment
fund of the county in which is located | 3436 |
|
the county court that has
jurisdiction over that municipal | 3437 |
|
corporation. The deposit shall
be made in accordance with
section | 3438 |
|
733.40, divisions (A) and (B)
of section 1901.024,
division (F) of | 3439 |
|
section 1901.31, or division
(C) of section
1907.20 of the Revised | 3440 |
|
Code. | 3441 |
| (2)
If a person is convicted of
or pleads guilty to a | 3448 |
|
violation of a
municipal
OVI ordinance,
if the vehicle the | 3449 |
|
offender was operating at the time
of
the offense is registered in | 3450 |
|
the offender's name, and if, within
six years
of the current | 3451 |
|
offense, the offender has been
convicted
of or pleaded guilty to | 3452 |
|
one or more violations of division (A) or
(B) of
section
4511.19 | 3453 |
|
of the Revised Code
or one or more other
equivalent offenses,
the | 3454 |
|
court, in
addition to and
independent of any sentence that it | 3455 |
|
imposes upon
the offender for
the offense,
shall
do whichever of | 3456 |
|
the following
is
applicable: | 3457 |
| (a) Except as otherwise provided in division
(B)(2)(b) of | 3458 |
|
this section, if, within
six years of the
current offense, the | 3459 |
|
offender has been convicted of or pleaded
guilty to one violation | 3460 |
|
described in division (B)(2) of this
section, the court shall | 3461 |
order the immobilization for ninety daysone year of
that vehicle
| 3462 |
and the
impoundment for ninety daysone year of the license plates | 3463 |
|
of that vehicle.
In addition, the court shall order the | 3464 |
| immobilization for one year of all other motor vehicles owned by | 3465 |
| or registered in the name of the offender and the impoundment for | 3466 |
| one year of the license plates of all such vehicles. If the | 3467 |
| vehicle the offender was operating at the time of the offense is | 3468 |
| not registered in the offender's name, the court shall order the | 3469 |
| immobilization for one year of all motor vehicles owned by or | 3470 |
| registered in the name of the offender and the impoundment for one | 3471 |
| year of the license plates of all such vehicles. The order for the | 3472 |
| immobilization and
impoundment
shall be issued
and enforced in | 3473 |
| accordance with
section 4503.233
of the Revised
Code. | 3474 |
| (b) If, within six years of the current offense, the
offender | 3475 |
| has been convicted of or pleaded guilty to two or more
violations | 3476 |
| described in division (B)(2) of this section, or if
the
offender | 3477 |
|
previously has been convicted of or pleaded guilty to
a
violation | 3478 |
| of division
(A) of section 4511.19 of the Revised Code
under | 3479 |
| circumstances in which the
violation was a felony and
regardless | 3480 |
| of when
the violation and the conviction or guilty plea
occurred, | 3481 |
| the
court shall order the criminal forfeiture to the
state of
that | 3482 |
|
vehicle.
The
order of
criminal forfeiture shall be
issued
and | 3483 |
| enforced in accordance with section
4503.234 of the
Revised
Code. | 3484 |
| Sec. 4511.198. (A) If a court grants bail to a person who is | 3491 |
| described in division (B) of this section and who is alleged to | 3492 |
| have committed a violation of division (A) of section 4511.19 of | 3493 |
| the Revised Code or of a substantially equivalent municipal | 3494 |
| ordinance, the court as a condition of bail shall prohibit the | 3495 |
| person from consuming any beer or intoxicating liquor and shall | 3496 |
| require the person to wear a monitor that provides continuous | 3497 |
| alcohol monitoring that is remote. The court shall require the | 3498 |
| person to wear the monitor until the person is convicted of, | 3499 |
| pleads guilty to, or is found not guilty of the alleged violation | 3500 |
| or the charges in the case are dismissed. Any consumption by the | 3501 |
| person of beer or intoxicating liquor prior to that time is | 3502 |
| grounds for revocation by the court of the person's bail.
The | 3503 |
| person shall pay all costs associated with the monitor, including | 3504 |
| the cost of remote monitoring. | 3505 |
| (2) A person who is alleged to have committed a violation of | 3512 |
| a municipal ordinance that is substantially equivalent to division | 3513 |
| (A) of section 4511.19 of the Revised Code and who, if the law | 3514 |
| enforcement officer who arrested and charged the person with the | 3515 |
| violation of the municipal ordinance instead had charged the | 3516 |
| person with a violation of division (A) of section 4511.19 of the | 3517 |
| Revised Code, would be required to be sentenced under division | 3518 |
| (G)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised | 3519 |
| Code. | 3520 |
| Sec. 4511.199. A law enforcement officer who arrests a | 3521 |
| person for a violation of division (A) or (B) of section 4511.19 | 3522 |
| of the Revised Code, section 4511.194 of the Revised Code or a | 3523 |
| substantially equivalent municipal ordinance, a municipal OVI | 3524 |
| violation, or an equivalent offense shall send to the department | 3525 |
| of public safety, within forty-eight hours after the arrest of the | 3526 |
| person, a sworn report in accordance with section 5502.10 of the | 3527 |
| Revised Code. | 3528 |
(B) Without limiting or precluding the consideration of any | 3553 |
other evidence in determining whether a violation of division | 3554 |
(A)(1), (2), (3), or (4) of this section has occurred, it shall be | 3555 |
prima-facie evidence that the offender knows
or
has reasonable | 3556 |
cause to believe that the operator of the motor vehicle owned by | 3557 |
the
offender or
under the
offender's control is in a category | 3558 |
described in division (A)(1), (2), (3), or (4) of this
section if | 3559 |
any of the following applies: | 3560 |
(2) Regarding an operator allegedly in the category
described | 3565 |
in division (A)(2) of this section, the offender and the
operator | 3566 |
of the motor vehicle reside in the same household, and
the | 3567 |
offender knows or has reasonable cause to believe that the | 3568 |
operator has been charged with or convicted of any violation of | 3569 |
law or ordinance, or has committed any other act or omission, that | 3570 |
would or could result in the suspension or cancellation of the | 3571 |
operator's license, permit, or privilege. | 3572 |
(3) Regarding an operator allegedly in the category described | 3573 |
in division (A)(4) of this section, the offender and the operator | 3574 |
of the motor vehicle occupied the motor vehicle together at the | 3575 |
time of the offense(1) It is an affirmative defense to a charge | 3576 |
| under this section that, at the time that the person charged | 3577 |
| permitted the motor vehicle to be driven by the other person, the | 3578 |
| person charged did not have knowledge, after reasonably diligent | 3579 |
| inquiry or in reasonable reliance on his or her observation of the | 3580 |
| other person's condition or on his or her knowledge of the other | 3581 |
| person's status or qualifications, of any of the facts specified | 3582 |
| in division (A)(1), (2), (3), (4), or (5) of this section | 3583 |
| regarding the other person that, if known, would have made | 3584 |
| entrustment of the motor vehicle to the other person an offense | 3585 |
| under this section. | 3586 |
| (C)
Whoever violates this section is guilty of wrongful | 3589 |
|
entrustment of a motor vehicle, a misdemeanor of the first degree. | 3590 |
|
In
addition to the penalties imposed under Chapter 2929. of the | 3591 |
|
Revised Code, the court
shall impose a class seven suspension
of | 3592 |
|
the offender's driver's license, commercial driver's license, | 3593 |
|
temporary
instruction permit, probationary license, or nonresident | 3594 |
|
operating privilege
from the range specified in division (A)(7) of | 3595 |
|
section 4510.02 of the Revised Code,
and, if the vehicle involved | 3596 |
|
in the offense is registered in the name of the
offender, the | 3597 |
|
court shall
order one of the following: | 3598 |
| If title to a motor vehicle that is subject to an order for | 3617 |
|
criminal forfeiture under this division is assigned or transferred | 3618 |
|
and
division (B)(2) or (3) of section 4503.234 of the Revised Code | 3619 |
|
applies, in addition to or independent of any other penalty | 3620 |
|
established by
law, the court may fine the offender the value of | 3621 |
|
the vehicle as determined by
publications of the national auto | 3622 |
|
dealer's association. The proceeds from any fine imposed under | 3623 |
|
this division shall be distributed in accordance with division | 3624 |
|
(C)(2)
of section 4503.234 of the Revised Code. | 3625 |
| (E)
If a court orders the criminal forfeiture of a vehicle | 3632 |
|
under
division (C) of this section, upon receipt of the order from | 3633 |
|
the
court, neither the registrar of motor vehicles nor any deputy | 3634 |
|
registrar shall
accept any
application for the registration or | 3635 |
|
transfer of registration of any motor
vehicle owned or leased
by | 3636 |
|
the person named in the order. The period of denial shall be
five | 3637 |
|
years after the date the order is issued, unless, during that | 3638 |
|
five-year period, the court with jurisdiction of the offense that | 3639 |
|
resulted in the order terminates the forfeiture and notifies the | 3640 |
|
registrar of the termination. If the court terminates the | 3641 |
|
forfeiture and notifies the registrar, the registrar shall take | 3642 |
|
all necessary measures to permit the person to register a vehicle | 3643 |
|
owned or leased by the person or to transfer the registration of | 3644 |
|
the vehicle. | 3645 |
| (G) Evidence of a conviction of, plea of guilty to, or | 3649 |
|
adjudication as a delinquent child for a violation of this section | 3650 |
|
or a substantially similar municipal ordinance shall not be | 3651 |
|
admissible as evidence in any civil action that involves the | 3652 |
|
offender or delinquent child who is the subject of the conviction, | 3653 |
|
plea, or adjudication and that arises from the wrongful | 3654 |
|
entrustment of a motor vehicle. | 3655 |
| (1) Establish and maintain a state registry, named "Ohio's | 3662 |
| habitual OVI/OMWI arrestees," that contains all of the information | 3663 |
| specified in divisions (A)(1)(a) and (b) of this section regarding | 3664 |
| each person who within the preceding twenty years has been | 3665 |
| arrested in this state five or more times for an OVI/OMWI | 3666 |
| violation. The state registry is a public record open for | 3667 |
| inspection under section 149.43 of the Revised Code. The | 3668 |
| department shall obtain the information to be included in the | 3669 |
| state registry from the reports provided by law enforcement | 3670 |
| officers pursuant to division (B) of this section. The state | 3671 |
| registry of Ohio's habitual OVI/OMWI arrestees shall include at | 3672 |
| least the following information regarding each person who, within | 3673 |
| the preceding twenty years has been arrested in this state five or | 3674 |
| more times for an OVI/OMWI violation: | 3675 |
| (b) The number of times within the preceding twenty years | 3680 |
| that the person has been arrested in this state for an OVI/OMWI | 3681 |
| violation and for each of those arrests the date and location of | 3682 |
| the arrest, the law enforcement agency served by the law | 3683 |
| enforcement officer who made the arrest, the reason the law | 3684 |
| enforcement officer who made the arrest initially stopped the | 3685 |
| person, whether the person was asked to take a chemical test or | 3686 |
| tests of the person's whole blood, blood serum or plasma, breath, | 3687 |
| or urine, whether the person, if asked to take a test or tests, | 3688 |
| submitted to the test or tests or refused to submit to the test or | 3689 |
| tests, and the results of the test or tests if the person | 3690 |
| submitted to a test or tests. | 3691 |
| (2) Establish and operate on the internet a database that | 3692 |
| contains for each person who within the preceding twenty years has | 3693 |
| been arrested in this state five or more times for an OVI/OMWI | 3694 |
| violation all of the information regarding the person that is | 3695 |
| included in the state registry of Ohio's habitual OVI/OMWI | 3696 |
| arrestees that is established and maintained under division (A)(1) | 3697 |
| of this section. The database is a public record open for | 3698 |
| inspection under section 149.43 of the Revised Code, and it shall | 3699 |
| be searchable by a person's name, by county, and by zip code. | 3700 |
| (5) Statements as to whether the officer asked the arrested | 3719 |
| person to take a designated chemical test or tests of the person's | 3720 |
| whole blood, blood serum or plasma, breath, or urine in accordance | 3721 |
| with sections 1547.11 and 1547.111, or sections 4511.19 and | 3722 |
| 4511.191, of the Revised Code, whether the arrested person, if | 3723 |
| asked to take a test or tests, submitted to the test or tests or | 3724 |
| refused to submit to the test or tests, and the results of the | 3725 |
| test or tests if the arrested person was asked to take a test or | 3726 |
| tests and submitted to the test or tests; | 3727 |
| (6) For each previous arrest of the person for an OVI/OMWI | 3728 |
| violation that the officer is able to determine was made and that | 3729 |
| was made within the preceding twenty years, information of the | 3730 |
| type described in divisions (B)(1), (2), and (4) of this section | 3731 |
| and, if the officer submitting the report is able to determine the | 3732 |
| information, information as to whether the law enforcement officer | 3733 |
| who made the arrest in each of those cases asked the arrested | 3734 |
| person to take a designated chemical test or tests of the person's | 3735 |
| whole blood, blood serum or plasma, breath, or urine in accordance | 3736 |
| with sections 1547.11 and 1547.111, or sections 4511.19 and | 3737 |
| 4511.191, of the Revised Code, whether the arrested person, if | 3738 |
| asked to take a test or tests, submitted to the test or tests or | 3739 |
| refused to submit to the test or tests, and the results of the | 3740 |
| test or tests if the arrested person was asked to take a test or | 3741 |
| tests and submitted to the test or tests. | 3742 |
| (C) The department of public safety shall update the state | 3743 |
| registry of Ohio's habitual OVI/OMWI arrestees required under | 3744 |
| division (A)(1) of this section and the database required under | 3745 |
| division (A)(2) of this section every month to ensure that the | 3746 |
| information they contain is accurate and current. At the time of | 3747 |
| each update, the department shall review all records it has | 3748 |
| received under division (B) of this section for the preceding | 3749 |
| twenty years regarding each person who has been arrested for | 3750 |
| committing OVI/OMWI violations and for whom the department has | 3751 |
| records to determine whether the person should, or should not, be | 3752 |
| subject to inclusion in the state registry and database. | 3753 |
| Section 3. Section 4503.233 of the Revised Code is presented | 3773 |
| in
this act as a composite of the section as amended by both Sub. | 3774 |
| H.B. 241 and Am. Sub. H.B. 461 of
the 126th General Assembly. The | 3775 |
| General Assembly, applying the
principle stated in division (B) of | 3776 |
| section 1.52 of the Revised
Code that amendments are to be | 3777 |
| harmonized if reasonably capable of
simultaneous operation, finds | 3778 |
| that the composite is the resulting
version of the section in | 3779 |
| effect prior to the effective date of
the section as presented in | 3780 |
| this act. | 3781 |