Sub. S. B. No. 17 As Reported by the Senate Judiciary--Criminal Justice Committee

As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly

Regular Session

2007-2008

Sub. S. B. No. 17

Senator Grendell

Cosponsors: Senators Harris, Gardner, Schuring, Schaffer, Mason

A BILL

To amend sections 1547.11, 1547.111, 1547.99, 1
4507.164, 4510.13, 4510.43, 4511.181, 4511.19, 2
4511.191, 4511.192, 4511.193, and 4511.203 and to 3
enact sections 1547.112, 4511.198, 4511.199, and 4
5502.10 of the Revised Code to increase certain 5
penalties for repeat OVI offenders; to specify 6
that wrongful entrustment of a motor vehicle is a 7
strict liability offense, remove the requirement 8
that an offender charged with the offense know or 9
have reasonable cause to believe that the person 10
provided a vehicle did not have a right to drive, 11
and provide for that offense an affirmative 12
defense of lack of such knowledge after reasonably 13
diligent inquiry; to require a person with two 14
prior applicable convictions to submit upon 15
request to a chemical test under the vehicle or 16
watercraft Implied Consent Law; to require the 17
consideration of certain prior convictions in 18
determining the length of a refusal suspension 19
under the vehicle Implied Consent Law; to expand 20
the list of offenses that are "equivalent 21
offenses" for certain vehicle or watercraft OVI 22
purposes; to clarify the application of a 23
qualified immunity to persons who withdraw blood 24
at the request of law enforcement personnel 25
pursuant to the Implied Consent Law; to expand the 26
circumstances when evidence on the concentration 27
of alcohol or drugs of abuse in a bodily substance 28
may be admitted in a watercraft OVI case; to 29
require the Department of Public Safety to 30
establish a state registry of Ohio's habitual 31
OVI/OMWI arrestees and an Internet database, both 32
of which are public records, containing 33
information about persons with five or more Ohio 34
arrests within the preceding twenty years for 35
vehicle OVI or watercraft OMWI; to require law 36
enforcement officers who arrest a person for 37
vehicle OVI or watercraft OMWI to send to the 38
Department of Public Safety a sworn report with 39
specified information about the arrestee, the 40
arrest, and prior similar arrests within the 41
preceding 20 years; and to revise the criteria for 42
certification of ignition interlock devices. 43

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

       Section 1. That sections 1547.11, 1547.111, 1547.99, 44
4507.164, 4510.13, 4510.43, 4511.181, 4511.19, 4511.191, 4511.192, 45
4511.193, and 4511.203 be amended and sections 1547.112, 4511.198, 46
4511.199, and 5502.10 of the Revised Code be enacted to read as 47
follows: 48

       Sec. 1547.11. (A) No person shall operate or be in physical 49
control of any vessel underway or shall manipulate any water skis, 50
aquaplane, or similar device on the waters in this state if, at 51
the time of the operation, control, or manipulation, any of the 52
following applies: 53

       (1) The person is under the influence of alcohol, a drug of 54
abuse, or a combination of them. 55

       (2) The person has a concentration of eight-hundredths of one 56
per cent or more by weight of alcohol per unit volume in the 57
person's whole blood. 58

       (3) The person has a concentration of ninety-six-thousandths 59
of one per cent or more by weight per unit volume of alcohol in 60
the person's blood serum or plasma. 61

       (4) The person has a concentration of eleven-hundredths of 62
one gram or more by weight of alcohol per one hundred milliliters 63
of the person's urine. 64

       (5) The person has a concentration of eight-hundredths of one 65
gram or more by weight of alcohol per two hundred ten liters of 66
the person's breath. 67

       (6) Except as provided in division (H) of this section, the 68
person has a concentration of any of the following controlled 69
substances or metabolites of a controlled substance in the 70
person's whole blood, blood serum or plasma, or urine that equals 71
or exceeds any of the following: 72

       (a) The person has a concentration of amphetamine in the 73
person's urine of at least five hundred nanograms of amphetamine 74
per milliliter of the person's urine or has a concentration of 75
amphetamine in the person's whole blood or blood serum or plasma 76
of at least one hundred nanograms of amphetamine per milliliter of 77
the person's whole blood or blood serum or plasma. 78

       (b) The person has a concentration of cocaine in the person's 79
urine of at least one hundred fifty nanograms of cocaine per 80
milliliter of the person's urine or has a concentration of cocaine 81
in the person's whole blood or blood serum or plasma of at least 82
fifty nanograms of cocaine per milliliter of the person's whole 83
blood or blood serum or plasma. 84

       (c) The person has a concentration of cocaine metabolite in 85
the person's urine of at least one hundred fifty nanograms of 86
cocaine metabolite per milliliter of the person's urine or has a 87
concentration of cocaine metabolite in the person's whole blood or 88
blood serum or plasma of at least fifty nanograms of cocaine 89
metabolite per milliliter of the person's whole blood or blood 90
serum or plasma. 91

       (d) The person has a concentration of heroin in the person's 92
urine of at least two thousand nanograms of heroin per milliliter 93
of the person's urine or has a concentration of heroin in the 94
person's whole blood or blood serum or plasma of at least fifty 95
nanograms of heroin per milliliter of the person's whole blood or 96
blood serum or plasma. 97

       (e) The person has a concentration of heroin metabolite 98
(6-monoacetyl morphine) in the person's urine of at least ten 99
nanograms of heroin metabolite (6-monoacetyl morphine) per 100
milliliter of the person's urine or has a concentration of heroin 101
metabolite (6-monoacetyl morphine) in the person's whole blood or 102
blood serum or plasma of at least ten nanograms of heroin 103
metabolite (6-monoacetyl morphine) per milliliter of the person's 104
whole blood or blood serum or plasma. 105

       (f) The person has a concentration of L.S.D. in the person's 106
urine of at least twenty-five nanograms of L.S.D. per milliliter 107
of the person's urine or has a concentration of L.S.D. in the 108
person's whole blood or blood serum or plasma of at least ten 109
nanograms of L.S.D. per milliliter of the person's whole blood or 110
blood serum or plasma. 111

       (g) The person has a concentration of marihuana in the 112
person's urine of at least ten nanograms of marihuana per 113
milliliter of the person's urine or has a concentration of 114
marihuana in the person's whole blood or blood serum or plasma of 115
at least two nanograms of marihuana per milliliter of the person's 116
whole blood or blood serum or plasma. 117

       (h) Either of the following applies: 118

       (i) The person is under the influence of alcohol, a drug of 119
abuse, or a combination of them, and, as measured by gas 120
chromatography mass spectrometry, the person has a concentration 121
of marihuana metabolite in the person's urine of at least fifteen 122
nanograms of marihuana metabolite per milliliter of the person's 123
urine or has a concentration of marihuana metabolite in the 124
person's whole blood or blood serum or plasma of at least five 125
nanograms of marihuana metabolite per milliliter of the person's 126
whole blood or blood serum or plasma. 127

       (ii) As measured by gas chromatography mass spectrometry, the 128
person has a concentration of marihuana metabolite in the person's 129
urine of at least thirty-five nanograms of marihuana metabolite 130
per milliliter of the person's urine or has a concentration of 131
marihuana metabolite in the person's whole blood or blood serum or 132
plasma of at least fifty nanograms of marihuana metabolite per 133
milliliter of the person's whole blood or blood serum or plasma. 134

       (i) The person has a concentration of methamphetamine in the 135
person's urine of at least five hundred nanograms of 136
methamphetamine per milliliter of the person's urine or has a 137
concentration of methamphetamine in the person's whole blood or 138
blood serum or plasma of at least one hundred nanograms of 139
methamphetamine per milliliter of the person's whole blood or 140
blood serum or plasma. 141

       (j) The person has a concentration of phencyclidine in the 142
person's urine of at least twenty-five nanograms of phencyclidine 143
per milliliter of the person's urine or has a concentration of 144
phencyclidine in the person's whole blood or blood serum or plasma 145
of at least ten nanograms of phencyclidine per milliliter of the 146
person's whole blood or blood serum or plasma. 147

       (B) No person under twenty-one years of age shall operate or 148
be in physical control of any vessel underway or shall manipulate 149
any water skis, aquaplane, or similar device on the waters in this 150
state if, at the time of the operation, control, or manipulation, 151
any of the following applies: 152

       (1) The person has a concentration of at least two-hundredths 153
of one per cent, but less than eight-hundredths of one per cent by 154
weight per unit volume of alcohol in the person's whole blood. 155

       (2) The person has a concentration of at least 156
three-hundredths of one per cent but less than 157
ninety-six-thousandths of one per cent by weight per unit volume 158
of alcohol in the person's blood serum or plasma. 159

       (3) The person has a concentration of at least twenty-eight 160
one-thousandths of one gram, but less than eleven-hundredths of 161
one gram by weight of alcohol per one hundred milliliters of the 162
person's urine. 163

       (4) The person has a concentration of at least two-hundredths 164
of one gram, but less than eight-hundredths of one gram by weight 165
of alcohol per two hundred ten liters of the person's breath. 166

       (C) In any proceeding arising out of one incident, a person 167
may be charged with a violation of division (A)(1) and a violation 168
of division (B)(1), (2), (3), or (4) of this section, but the 169
person shall not be convicted of more than one violation of those 170
divisions. 171

       (D)(1)(a) In any criminal prosecution or juvenile court 172
proceeding for a violation of division (A) or (B) of this section 173
or for an equivalent offense that is watercraft-related, the 174
result of any test of any blood or urine withdrawn and analyzed at 175
any health care provider, as defined in section 2317.02 of the 176
Revised Code, may be admitted with expert testimony to be 177
considered with any other relevant and competent evidence in 178
determining the guilt or innocence of the defendant. 179

       (b) In any criminal prosecution or juvenile court proceeding 180
for a violation of division (A) or (B) of this section or for an 181
equivalent ~~violation~~offense that is watercraft-related, the court 182
may admit evidence on the concentration of alcohol, drugs of 183
abuse, controlled substances, metabolites of a controlled 184
substance, or a combination of them in the defendant's or child's 185
whole blood, blood serum or plasma, urine, or breath at the time 186
of the alleged violation as shown by chemical analysis of the 187
substance withdrawn, or specimen taken within three hours of the 188
time of the alleged violation. The three-hour time limit specified 189
in this division regarding the admission of evidence does not 190
extend or affect the two-hour time limit specified in division (C) 191
of section 1547.111 of the Revised Code as the maximum period of 192
time during which a person may consent to a chemical test or tests 193
as described in that section. The court may submit evidence on the 194
concentration of alcohol, drugs of abuse, or a combination of them 195
as described in this division when 196

       ~~When~~ a person submits to a blood, breath, urine, or other 197
bodily substance test~~, only~~at the request of a law enforcement 198
officer under section 1547.111 of the Revised Code or a blood or 199
urine sample is obtained pursuant to a search warrant. Only a 200
physician, a registered nurse, or a qualified technician, chemist, 201
or phlebotomist shall withdraw blood for the purpose of 202
determining the alcohol, drug, controlled substance, metabolite of 203
a controlled substance, or combination content of the whole blood, 204
blood serum, or blood plasma. This limitation does not apply to 205
the taking of breath or urine specimens. A person authorized to 206
withdraw blood under this division may refuse to withdraw blood 207
under this division if, in that person's opinion, the physical 208
welfare of the defendant or child would be endangered by 209
withdrawing blood. 210

       The whole blood, blood serum or plasma, urine, or breath 211
withdrawn under division (D)(1)(b) of this section shall be 212
analyzed in accordance with methods approved by the director of 213
health by an individual possessing a valid permit issued by the 214
director pursuant to section 3701.143 of the Revised Code. 215

       (2) In a criminal prosecution or juvenile court proceeding 216
for a violation of division (A) of this section or for ~~a violation~~ 217
~~of a prohibition that is substantially~~an equivalent ~~to division~~ 218
~~(A) of this section~~offense that is watercraft-related, if there 219
was at the time the bodily substance was taken a concentration of 220
less than the applicable concentration of alcohol specified for a 221
violation of division (A)(2), (3), (4), or (5) of this section or 222
less than the applicable concentration of a listed controlled 223
substance or a listed metabolite of a controlled substance 224
specified for a violation of division (A)(6) of this section, that 225
fact may be considered with other competent evidence in 226
determining the guilt or innocence of the defendant or in making 227
an adjudication for the child. This division does not limit or 228
affect a criminal prosecution or juvenile court proceeding for a 229
violation of division (B) of this section or for a violation of a 230
prohibition that is substantially equivalent to that division. 231

       (3) Upon the request of the person who was tested, the 232
results of the chemical test shall be made available to the person 233
or the person's attorney immediately upon completion of the test 234
analysis. 235

       ~~The~~If the chemical test was administered pursuant to 236
division (D)(1)(b) of this section, the person tested may have a 237
physician, a registered nurse, or a qualified technician, chemist, 238
or phlebotomist of the person's own choosing administer a chemical 239
test or tests in addition to any administered at the direction of 240
a law enforcement officer, and shall be so advised. The failure or 241
inability to obtain an additional test by a person shall not 242
preclude the admission of evidence relating to the test or tests 243
taken at the direction of a law enforcement officer. 244

       (E)(1) In any criminal prosecution or juvenile court 245
proceeding for a violation of division (A) or (B) of this section 246
~~or for an equivalent violation~~, of a municipal ordinance relating 247
to operating or being in physical control of any vessel underway 248
or to manipulating any water skis, aquaplane, or similar device on 249
the waters of this state while under the influence of alcohol, a 250
drug of abuse, or a combination of them, or of a municipal 251
ordinance relating to operating or being in physical control of 252
any vessel underway or to manipulating any water skis, aquaplane, 253
or similar device on the waters of this state with a prohibited 254
concentration of alcohol, a controlled substance, or a metabolite 255
of a controlled substance in the whole blood, blood serum or 256
plasma, breath, or urine, if a law enforcement officer has 257
administered a field sobriety test to the operator or person found 258
to be in physical control of the vessel underway involved in the 259
violation or the person manipulating the water skis, aquaplane, or 260
similar device involved in the violation and if it is shown by 261
clear and convincing evidence that the officer administered the 262
test in substantial compliance with the testing standards for 263
reliable, credible, and generally accepted field sobriety tests 264
for vehicles that were in effect at the time the tests were 265
administered, including, but not limited to, any testing standards 266
then in effect that have been set by the national highway traffic 267
safety administration, that by their nature are not clearly 268
inapplicable regarding the operation or physical control of 269
vessels underway or the manipulation of water skis, aquaplanes, or 270
similar devices, all of the following apply: 271

        (a) The officer may testify concerning the results of the 272
field sobriety test so administered. 273

        (b) The prosecution may introduce the results of the field 274
sobriety test so administered as evidence in any proceedings in 275
the criminal prosecution or juvenile court proceeding. 276

       (c) If testimony is presented or evidence is introduced under 277
division (E)(1)(a) or (b) of this section and if the testimony or 278
evidence is admissible under the Rules of Evidence, the court 279
shall admit the testimony or evidence, and the trier of fact shall 280
give it whatever weight the trier of fact considers to be 281
appropriate. 282

        (2) Division (E)(1) of this section does not limit or 283
preclude a court, in its determination of whether the arrest of a 284
person was supported by probable cause or its determination of any 285
other matter in a criminal prosecution or juvenile court 286
proceeding of a type described in that division, from considering 287
evidence or testimony that is not otherwise disallowed by division 288
(E)(1) of this section. 289

       (F)(1) Subject to division (F)(3) of this section, in any 290
criminal prosecution or juvenile court proceeding for a violation 291
of division (A) or (B) of this section or for an equivalent 292
~~violation~~offense that is substantially equivalent to either of 293
those divisions, the court shall admit as prima-facie evidence a 294
laboratory report from any laboratory personnel issued a permit by 295
the department of health authorizing an analysis as described in 296
this division that contains an analysis of the whole blood, blood 297
serum or plasma, breath, urine, or other bodily substance tested 298
and that contains all of the information specified in this 299
division. The laboratory report shall contain all of the 300
following: 301

       (a) The signature, under oath, of any person who performed 302
the analysis; 303

       (b) Any findings as to the identity and quantity of alcohol, 304
a drug of abuse, a controlled substance, a metabolite of a 305
controlled substance, or a combination of them that was found; 306

       (c) A copy of a notarized statement by the laboratory 307
director or a designee of the director that contains the name of 308
each certified analyst or test performer involved with the report, 309
the analyst's or test performer's employment relationship with the 310
laboratory that issued the report, and a notation that performing 311
an analysis of the type involved is part of the analyst's or test 312
performer's regular duties; 313

       (d) An outline of the analyst's or test performer's 314
education, training, and experience in performing the type of 315
analysis involved and a certification that the laboratory 316
satisfies appropriate quality control standards in general and, in 317
this particular analysis, under rules of the department of health. 318

       (2) Notwithstanding any other provision of law regarding the 319
admission of evidence, a report of the type described in division 320
(F)(1) of this section is not admissible against the defendant or 321
child to whom it pertains in any proceeding, other than a 322
preliminary hearing or a grand jury proceeding, unless the 323
prosecutor has served a copy of the report on the defendant's or 324
child's attorney or, if the defendant or child has no attorney, on 325
the defendant or child. 326

       (3) A report of the type described in division (F)(1) of this 327
section shall not be prima-facie evidence of the contents, 328
identity, or amount of any substance if, within seven days after 329
the defendant or child to whom the report pertains or the 330
defendant's or child's attorney receives a copy of the report, the 331
defendant or child or the defendant's or child's attorney demands 332
the testimony of the person who signed the report. The judge in 333
the case may extend the seven-day time limit in the interest of 334
justice. 335

       (G) Except as otherwise provided in this division, any 336
physician, registered nurse, or qualified technician, chemist, or 337
phlebotomist who withdraws blood from a person pursuant to this 338
section or section 1547.111 of the Revised Code, and a hospital, 339
first-aid station, or clinic at which blood is withdrawn from a 340
person pursuant to this section or section 1547.111 of the Revised 341
Code, is immune from criminal and civil liability based upon a 342
claim of assault and battery or any other claim that is not a 343
claim of malpractice, for any act performed in withdrawing blood 344
from the person. The immunity provided in this division is not 345
available to a person who withdraws blood if the person engages in 346
willful or wanton misconduct. 347

       (H) Division (A)(6) of this section does not apply to a 348
person who operates or is in physical control of a vessel underway 349
or manipulates any water skis, aquaplane, or similar device while 350
the person has a concentration of a listed controlled substance or 351
a listed metabolite of a controlled substance in the person's 352
whole blood, blood serum or plasma, or urine that equals or 353
exceeds the amount specified in that division, if both of the 354
following apply: 355

        (1) The person obtained the controlled substance pursuant to 356
a prescription issued by a licensed health professional authorized 357
to prescribe drugs. 358

        (2) The person injected, ingested, or inhaled the controlled 359
substance in accordance with the health professional's directions. 360

       (I) As used in this section and section 1547.111 of the 361
Revised Code: 362

       (1) "Equivalent ~~violation~~offense" ~~means a violation of a~~ 363
~~municipal ordinance, law of another state, or law of the United~~ 364
~~States that is substantially equivalent to division (A) or (B) of~~ 365
~~this section~~has the same meaning as in section 4511.181 of the 366
Revised Code. 367

       (2) "National highway traffic safety administration" has the 368
same meaning as in section 4511.19 of the Revised Code. 369

       (3) "Operate" means that a vessel is being used on the waters 370
in this state when the vessel is not securely affixed to a dock or 371
to shore or to any permanent structure to which the vessel has the 372
right to affix or that a vessel is not anchored in a designated 373
anchorage area or boat camping area that is established by the 374
United States coast guard, this state, or a political subdivision 375
and in which the vessel has the right to anchor. 376

       (4) "Controlled substance" and "marihuana" have the same 377
meanings as in section 3719.01 of the Revised Code. 378

       (5) "Cocaine" and "L.S.D." have the same meanings as in 379
section 2925.01 of the Revised Code. 380

       (6) "Equivalent offense that is watercraft-related" means an 381
equivalent offense that is one of the following: 382

       (a) A violation of division (A) or (B) of this section; 383

       (b) A violation of a municipal ordinance prohibiting a person 384
from operating or being in physical control of any vessel underway 385
or from manipulating any water skis, aquaplane, or similar device 386
on the waters of this state while under the influence of alcohol, 387
a drug of abuse, or a combination of them or prohibiting a person 388
from operating or being in physical control of any vessel underway 389
or from manipulating any water skis, aquaplane, or similar device 390
on the waters of this state with a prohibited concentration of 391
alcohol, a controlled substance, or a metabolite of a controlled 392
substance in the whole blood, blood serum or plasma, breath, or 393
urine; 394

       (c) A violation of an existing or former municipal ordinance, 395
law of another state, or law of the United States that is 396
substantially equivalent to division (A) or (B) of this section; 397

       (d) A violation of a former law of this state that was 398
substantially equivalent to division (A) or (B) of this section. 399

       Sec. 1547.111. (A)(1)(a) Any person who operates or is in 400
physical control of a vessel or manipulates any water skis, 401
aquaplane, or similar device upon any waters in this state shall 402
be deemed to have given consent to a chemical test or tests to 403
determine the alcohol, drug of abuse, controlled substance, 404
metabolite of a controlled substance, or combination content of 405
the person's whole blood, blood serum or plasma, breath, or urine 406
if arrested for operating or being in physical control of a vessel 407
or manipulating any water skis, aquaplane, or similar device in 408
violation of section 1547.11 of the Revised Code or a 409
substantially equivalent municipal ordinance. 410

       ~~(2)~~(b) The test or tests under division (A)(1) of this 411
section shall be administered at the ~~direction~~request of a law 412
enforcement officer having reasonable grounds to believe the 413
person was operating or in physical control of a vessel or 414
manipulating any water skis, aquaplane, or similar device in 415
violation of section 1547.11 of the Revised Code or a 416
substantially equivalent municipal ordinance. The law enforcement 417
agency by which the officer is employed shall designate which test 418
or tests shall be administered. 419

       ~~(B)~~(2) Any person who is dead or unconscious or who otherwise 420
is in a condition rendering the person incapable of refusal shall 421
be deemed to have consented as provided in division (A)(1) of this 422
section, and the test or tests may be administered, subject to 423
sections 313.12 to 313.16 of the Revised Code. 424

       (B)(1) If a law enforcement officer arrests a person for 425
operating or being in physical control of a vessel or manipulating 426
any water skis, aquaplane, or similar device in violation of 427
section 1547.11 of the Revised Code or a substantially equivalent 428
municipal ordinance and if the person previously has been 429
convicted of or pleaded guilty to two or more violations of 430
section 1547.11 of the Revised Code or other equivalent offenses, 431
the law enforcement officer shall request the person to submit, 432
and the person shall submit, to a chemical test or tests of the 433
person's whole blood, blood serum or plasma, breath, or urine for 434
the purpose of determining the alcohol, drug of abuse, controlled 435
substance, metabolite of a controlled substance, or combination 436
content of the person's whole blood, blood serum or plasma, 437
breath, or urine. A law enforcement officer who makes a request 438
pursuant to this division that a person submit to a chemical test 439
or tests is not required to advise the person of the consequences 440
of refusing to submit to the test or tests and is not required to 441
give the person the form described in division (C) of this 442
section, but the officer shall advise the person at the time of 443
the arrest that the person may have an independent chemical test 444
taken. Divisions (A)(1)(b) and (A)(2) of this section apply to the 445
administration of a chemical test or tests pursuant to this 446
division. 447

        (2) If a person refuses to submit to a chemical test upon a 448
request made pursuant to division (B)(1) of this section, the law 449
enforcement officer who made the request may employ whatever 450
reasonable means are necessary to ensure that the person submits 451
to a chemical test of the person's whole blood or blood serum or 452
plasma. A law enforcement officer who acts pursuant to this 453
division to ensure that a person submits to a chemical test of the 454
person's whole blood or blood serum or plasma is immune from 455
criminal and civil liability based upon a claim for assault and 456
battery or any other claim for the acts, unless the officer so 457
acted with malicious purpose, in bad faith, or in a wanton or 458
reckless manner. 459

       (C) ~~Any~~Except as provided in division (B) of this section, 460
any person under arrest for violating section 1547.11 of the 461
Revised Code or a substantially equivalent municipal ordinance 462
shall be advised of the consequences of refusing to submit to a 463
chemical test or tests designated as provided in division (A) of 464
this section. The advice shall be in a written form prescribed by 465
the chief of the division of watercraft and shall be read to the 466
person. The form shall contain a statement that the form was shown 467
to the person under arrest and read to the person by the arresting 468
officer. The reading of the form shall be witnessed by one or more 469
persons, and the witnesses shall certify to this fact by signing 470
the form. The person must submit to the chemical test or tests, 471
subsequent to the request of the arresting officer, within two 472
hours of the time of the alleged violation, and if the person does 473
not submit to the test or tests within that two-hour time limit, 474
the failure to submit automatically constitutes a refusal to 475
submit to the test or tests. 476

       (D) IfExcept as provided in division (B) of this section, if 477
a law enforcement officer asks a person under arrest for violating 478
section 1547.11 of the Revised Code or a substantially equivalent 479
municipal ordinance to submit to a chemical test or tests as 480
provided in division (A) of this section, if the arresting officer 481
advises the person of the consequences of the person's refusal as 482
provided in division (C) of this section, and if the person 483
refuses to submit, no chemical test shall be given. Upon receipt 484
of a sworn statement of the officer that the arresting law 485
enforcement officer had reasonable grounds to believe the arrested 486
person violated section 1547.11 of the Revised Code or a 487
substantially equivalent municipal ordinance and that the person 488
refused to submit to the chemical test upon the request of the 489
officer, and upon receipt of the form as provided in division (C) 490
of this section certifying that the arrested person was advised of 491
the consequences of the refusal, the chief of the division of 492
watercraft shall inform the person by written notice that the 493
person is prohibited from operating or being in physical control 494
of a vessel, from manipulating any water skis, aquaplane, or 495
similar device, and from registering any watercraft in accordance 496
with section 1547.54 of the Revised Code, for one year following 497
the date of the alleged violation. The suspension of these 498
operation, physical control, manipulation, and registration 499
privileges shall continue for the entire one-year period, subject 500
to review as provided in this section. 501

       If the person under arrest is the owner of the vessel 502
involved in the alleged violation, the law enforcement officer who 503
arrested the person shall seize the watercraft registration 504
certificate and tags from the vessel involved in the violation and 505
forward them to the chief. The chief shall retain the impounded 506
registration certificate and tags and shall impound all other 507
registration certificates and tags issued to the person in 508
accordance with sections 1547.54 and 1547.57 of the Revised Code, 509
for a period of one year following the date of the alleged 510
violation, subject to review as provided in this section. 511

       If the arrested person fails to surrender the registration 512
certificate because it is not on the person of the arrested person 513
or in the watercraft, the law enforcement officer who made the 514
arrest shall order the person to surrender it within twenty-four 515
hours to the law enforcement officer or the law enforcement agency 516
that employs the law enforcement officer. If the person fails to 517
do so, the law enforcement officer shall notify the chief of that 518
fact in the statement the officer submits to the chief under this 519
division. 520

       (E) Upon suspending a person's operation, physical control, 521
manipulation, and registration privileges in accordance with 522
division (D) of this section, the chief shall notify the person in 523
writing, at the person's last known address, and inform the person 524
that the person may petition for a hearing in accordance with 525
division (F) of this section. If a person whose operation, 526
physical control, manipulation, and registration privileges have 527
been suspended petitions for a hearing or appeals any adverse 528
decision, the suspension shall begin at the termination of any 529
hearing or appeal unless the hearing or appeal results in a 530
decision favorable to the person. 531

       (F) Any person who has been notified by the chief that the 532
person is prohibited from operating or being in physical control 533
of a vessel or manipulating any water skis, aquaplane, or similar 534
device and from registering any watercraft in accordance with 535
section 1547.54 of the Revised Code, or who has had the 536
registration certificate and tags of the person's watercraft 537
impounded pursuant to division (D) of this section, within twenty 538
days of the notification or impoundment, may file a petition in 539
the municipal court or the county court, or if the person is a 540
minor in juvenile court, with jurisdiction over the place at which 541
the arrest occurred, agreeing to pay the cost of the proceedings 542
and alleging error in the action taken by the chief under division 543
(D) of this section or alleging one or more of the matters within 544
the scope of the hearing as provided in this section, or both. The 545
petitioner shall notify the chief of the filing of the petition 546
and send the chief a copy of the petition. 547

       The scope of the hearing is limited to the issues of whether 548
the law enforcement officer had reasonable grounds to believe the 549
petitioner was operating or in physical control of a vessel or 550
manipulating any water skis, aquaplane, or similar device in 551
violation of section 1547.11 of the Revised Code or a 552
substantially equivalent municipal ordinance, whether the 553
petitioner was placed under arrest, whether the petitioner refused 554
to submit to the chemical test upon request of the officer, and 555
whether the petitioner was advised of the consequences of the 556
petitioner's refusal. 557

       (G)(1) The chief shall furnish the court a copy of the 558
affidavit as provided in division (C) of this section and any 559
other relevant information requested by the court. 560

       (2) In hearing the matter and in determining whether the 561
person has shown error in the decision taken by the chief as 562
provided in division (D) of this section, the court shall decide 563
the issue upon the relevant, competent, and material evidence 564
submitted by the chief or the person whose operation, physical 565
control, manipulation, and registration privileges have been 566
suspended. 567

       In the proceedings, the chief shall be represented by the 568
prosecuting attorney of the county in which the petition is filed 569
if the petition is filed in a county court or juvenile court, 570
except that if the arrest occurred within a city or village within 571
the jurisdiction of the county court in which the petition is 572
filed, the city director of law or village solicitor of that city 573
or village shall represent the chief. If the petition is filed in 574
the municipal court, the chief shall be represented as provided in 575
section 1901.34 of the Revised Code. 576

       (3) If the court finds from the evidence submitted that the 577
person has failed to show error in the action taken by the chief 578
under division (D) of this section or in one or more of the 579
matters within the scope of the hearing as provided in division 580
(F) of this section, or both, the court shall assess the cost of 581
the proceeding against the person and shall uphold the suspension 582
of the operation, physical control, use, and registration 583
privileges provided in division (D) of this section. If the court 584
finds that the person has shown error in the action taken by the 585
chief under division (D) of this section or in one or more of the 586
matters within the scope of the hearing as provided in division 587
(F) of this section, or both, the cost of the proceedings shall be 588
paid out of the county treasury of the county in which the 589
proceedings were held, the chief shall reinstate the operation, 590
physical control, manipulation, and registration privileges of the 591
person without charge, and the chief shall return the registration 592
certificate and tags, if impounded, without charge. 593

       (4) The court shall give information in writing of any action 594
taken under this section to the chief. 595

       (H) At the end of any period of suspension or impoundment 596
imposed under this section, and upon request of the person whose 597
operation, physical control, use, and registration privileges were 598
suspended or whose registration certificate and tags were 599
impounded, the chief shall reinstate the person's operation, 600
physical control, manipulation, and registration privileges by 601
written notice and return the certificate and tags. 602

       (I) No person who has received written notice from the chief 603
that the person is prohibited from operating or being in physical 604
control of a vessel, from manipulating any water skis, aquaplane, 605
or similar device, and from registering a watercraft, or who has 606
had the registration certificate and tags of the person's 607
watercraft impounded, in accordance with division (D) of this 608
section, shall operate or be in physical control of a vessel or 609
manipulate any water skis, aquaplane, or similar device for a 610
period of one year following the date of the person's alleged 611
violation of section 1547.11 of the Revised Code or the 612
substantially equivalent municipal ordinance. 613

       Sec. 1547.112. A law enforcement officer who arrests a 614
person for a violation of division (A) or (B) of section 1547.11 615
of the Revised Code or a violation of a municipal ordinance, law 616
of another state, or law of the United States that is 617
substantially equivalent to division (A) or (B) of section 1547.11 618
of the Revised Code shall send to the department of public safety, 619
within forty-eight hours after the arrest of the person, a sworn 620
report in accordance with section 5502.10 of the Revised Code. 621

       Sec. 1547.99. (A) Whoever violates section 1547.91 of the 622
Revised Code is guilty of a felony of the fourth degree. 623

       (B) Whoever violates division (F) of section 1547.08, section 624
1547.10, division (I) of section 1547.111, section 1547.13, or 625
section 1547.66 of the Revised Code is guilty of a misdemeanor of 626
the first degree. 627

       (C) Whoever violates a provision of this chapter or a rule 628
adopted thereunder, for which no penalty is otherwise provided, is 629
guilty of a minor misdemeanor. 630

       (D) Whoever violates section 1547.07 or 1547.12 of the 631
Revised Code without causing injury to persons or damage to 632
property is guilty of a misdemeanor of the fourth degree. 633

       (E) Whoever violates section 1547.07 or 1547.12 of the 634
Revised Code causing injury to persons or damage to property is 635
guilty of a misdemeanor of the third degree. 636

       (F) Whoever violates division (M) of section 1547.54, 637
division (G) of section 1547.30, or section 1547.131, 1547.25, 638
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92 639
of the Revised Code or a rule adopted under division (A)(2) of 640
section 1547.52 of the Revised Code is guilty of a misdemeanor of 641
the fourth degree. 642

       (G) Whoever violates section 1547.11 of the Revised Code is 643
guilty of a misdemeanor of the first degree and shall be punished 644
as provided in division (G)(1), (2), or (3) of this section. 645

       (1) Except as otherwise provided in division (G)(2) or (3) of 646
this section, the court shall sentence the offender to a jail term 647
of three consecutive days and may sentence the offender pursuant 648
to section 2929.24 of the Revised Code to a longer jail term. In 649
addition, the court shall impose upon the offender a fine of not 650
less than one hundred fifty nor more than one thousand dollars. 651

       The court may suspend the execution of the mandatory jail 652
term of three consecutive days that it is required to impose by 653
division (G)(1) of this section if the court, in lieu of the 654
suspended jail term, places the offender under a community control 655
sanction pursuant to section 2929.25 of the Revised Code and 656
requires the offender to attend, for three consecutive days, a 657
drivers' intervention program that is certified pursuant to 658
section 3793.10 of the Revised Code. The court also may suspend 659
the execution of any part of the mandatory jail term of three 660
consecutive days that it is required to impose by division (G)(1) 661
of this section if the court places the offender under a community 662
control sanction pursuant to section 2929.25 of the Revised Code 663
for part of the three consecutive days; requires the offender to 664
attend, for that part of the three consecutive days, a drivers' 665
intervention program that is certified pursuant to section 3793.10 666
of the Revised Code; and sentences the offender to a jail term 667
equal to the remainder of the three consecutive days that the 668
offender does not spend attending the drivers' intervention 669
program. The court may require the offender, as a condition of 670
community control, to attend and satisfactorily complete any 671
treatment or education programs, in addition to the required 672
attendance at a drivers' intervention program, that the operators 673
of the drivers' intervention program determine that the offender 674
should attend and to report periodically to the court on the 675
offender's progress in the programs. The court also may impose any 676
other conditions of community control on the offender that it 677
considers necessary. 678

       (2) If, within six years of the offense, the offender has 679
been convicted of or pleaded guilty to one violation of section 680
1547.11 of the Revised Code~~, of a municipal ordinance relating to~~ 681
~~operating a watercraft or manipulating any water skis, aquaplane,~~ 682
~~or similar device while under the influence of alcohol, a drug of~~ 683
~~abuse, or a combination of them, of a municipal ordinance relating~~ 684
~~to operating a watercraft or manipulating any water skis,~~ 685
~~aquaplane, or similar device with a prohibited concentration of~~ 686
~~alcohol, a controlled substance, or a metabolite of a controlled~~ 687
~~substance in the whole blood, blood serum or plasma, breath, or~~ 688
~~urine, of division (A)(1) of section 2903.06 of the Revised Code,~~ 689
~~or of division (A)(2), (3), or (4) of section 2903.06 of the~~ 690
~~Revised Code or section 2903.06 or 2903.07 of the Revised Code as~~ 691
~~they existed prior to March 23, 2000, in a case in which the jury~~ 692
~~or judge found that the offender was under the influence of~~ 693
~~alcohol, a drug of abuse, or a combination of them~~or one other 694
equivalent offense, the court shall sentence the offender to a 695
jail term of ten consecutive days and may sentence the offender 696
pursuant to section 2929.24 of the Revised Code to a longer jail 697
term. In addition, the court shall impose upon the offender a fine 698
of not less than one hundred fifty nor more than one thousand 699
dollars. 700

       In addition to any other sentence that it imposes upon the 701
offender, the court may require the offender to attend a drivers' 702
intervention program that is certified pursuant to section 3793.10 703
of the Revised Code. 704

       (3) If, within six years of the offense, the offender has 705
been convicted of or pleaded guilty to more than one violation or 706
offense identified in division (G)(2) of this section, the court 707
shall sentence the offender to a jail term of thirty consecutive 708
days and may sentence the offender to a longer jail term of not 709
more than one year. In addition, the court shall impose upon the 710
offender a fine of not less than one hundred fifty nor more than 711
one thousand dollars. 712

       In addition to any other sentence that it imposes upon the 713
offender, the court may require the offender to attend a drivers' 714
intervention program that is certified pursuant to section 3793.10 715
of the Revised Code. 716

       (4) Upon a showing that serving a jail term would seriously 717
affect the ability of an offender sentenced pursuant to division 718
(G)(1), (2), or (3) of this section to continue the offender's 719
employment, the court may authorize that the offender be granted 720
work release after the offender has served the mandatory jail term 721
of three, ten, or thirty consecutive days that the court is 722
required by division (G)(1), (2), or (3) of this section to 723
impose. No court shall authorize work release during the mandatory 724
jail term of three, ten, or thirty consecutive days that the court 725
is required by division (G)(1), (2), or (3) of this section to 726
impose. The duration of the work release shall not exceed the time 727
necessary each day for the offender to commute to and from the 728
place of employment and the place in which the jail term is served 729
and the time actually spent under employment. 730

       (5) Notwithstanding any section of the Revised Code that 731
authorizes the suspension of the imposition or execution of a 732
sentence or the placement of an offender in any treatment program 733
in lieu of being imprisoned or serving a jail term, no court shall 734
suspend the mandatory jail term of ten or thirty consecutive days 735
required to be imposed by division (G)(2) or (3) of this section 736
or place an offender who is sentenced pursuant to division (G)(2) 737
or (3) of this section in any treatment program in lieu of being 738
imprisoned or serving a jail term until after the offender has 739
served the mandatory jail term of ten or thirty consecutive days 740
required to be imposed pursuant to division (G)(2) or (3) of this 741
section. Notwithstanding any section of the Revised Code that 742
authorizes the suspension of the imposition or execution of a 743
sentence or the placement of an offender in any treatment program 744
in lieu of being imprisoned or serving a jail term, no court, 745
except as specifically authorized by division (G)(1) of this 746
section, shall suspend the mandatory jail term of three 747
consecutive days required to be imposed by division (G)(1) of this 748
section or place an offender who is sentenced pursuant to division 749
(G)(1) of this section in any treatment program in lieu of 750
imprisonment until after the offender has served the mandatory 751
jail term of three consecutive days required to be imposed 752
pursuant to division (G)(1) of this section. 753

       (6) As used in division (G) of this section~~, "jail~~: 754

       (a) "Equivalent offense" has the same meaning as in section 755
4511.181 of the Revised Code. 756

       (b) "Jail term" and "mandatory jail term" have the same 757
meanings as in section 2929.01 of the Revised Code. 758

       (H) Whoever violates section 1547.304 of the Revised Code is 759
guilty of a misdemeanor of the fourth degree and also shall be 760
assessed any costs incurred by the state or a county, township, 761
municipal corporation, or other political subdivision in disposing 762
of an abandoned junk vessel or outboard motor, less any money 763
accruing to the state, county, township, municipal corporation, or 764
other political subdivision from that disposal. 765

       (I) Whoever violates division (B) or (C) of section 1547.49 766
of the Revised Code is guilty of a minor misdemeanor. 767

       (J) Whoever violates section 1547.31 of the Revised Code is 768
guilty of a misdemeanor of the fourth degree on a first offense. 769
On each subsequent offense, the person is guilty of a misdemeanor 770
of the third degree. 771

       (K) Whoever violates section 1547.05 or 1547.051 of the 772
Revised Code is guilty of a misdemeanor of the fourth degree if 773
the violation is not related to a collision, injury to a person, 774
or damage to property and a misdemeanor of the third degree if the 775
violation is related to a collision, injury to a person, or damage 776
to property. 777

       (L) The sentencing court, in addition to the penalty provided 778
under this section for a violation of this chapter or a rule 779
adopted under it that involves a powercraft powered by more than 780
ten horsepower and that, in the opinion of the court, involves a 781
threat to the safety of persons or property, shall order the 782
offender to complete successfully a boating course approved by the 783
national association of state boating law administrators before 784
the offender is allowed to operate a powercraft powered by more 785
than ten horsepower on the waters in this state. Violation of a 786
court order entered under this division is punishable as contempt 787
under Chapter 2705. of the Revised Code. 788

       Sec. 4507.164. (A) Except as provided in divisions (C) to 789
(E) of this section, when the license of any person is suspended 790
pursuant to any provision of the Revised Code other than division 791
(G) of section 4511.19 of the Revised Code and other than section 792
4510.07 of the Revised Code for a violation of a municipal OVI 793
ordinance, the trial judge may impound the identification license 794
plates of any motor vehicle registered in the name of the person. 795

       (B)(1) When the license of any person is suspended pursuant 796
to division (G)(1)(a) of section 4511.19 of the Revised Code, or 797
pursuant to section 4510.07 of the Revised Code for a municipal 798
OVI offense when the suspension is equivalent in length to the 799
suspension under division (G) of section 4511.19 of the Revised 800
Code that is specified in this division, the trial judge of the 801
court of record or the mayor of the mayor's court that suspended 802
the license may impound the identification license plates of any 803
motor vehicle registered in the name of the person. 804

       (2) When the license of any person is suspended pursuant to 805
division (G)(1)(b) of section 4511.19 of the Revised Code, or 806
pursuant to section 4510.07 of the Revised Code for a municipal 807
OVI offense when the suspension is equivalent in length to the 808
suspension under division (G) of section 4511.19 of the Revised 809
Code that is specified in this division, the trial judge of the 810
court of record that suspended the license shall order the 811
impoundment of the identification license plates of the motor 812
vehicle the offender was operating at the time of the offense and 813
the immobilization of that vehicle in accordance with section 814
4503.233 and division (G)(1)(b) of section 4511.19 or division 815
(B)(2)(a) of section 4511.193 of the Revised Code ~~and may impound~~. 816
In addition, the trial judge of the court of record that suspended 817
the license shall order the immobilization for one year of all the 818
motor vehicles that are owned by or are registered in the name of 819
the offender and the impoundment for one year of the 820
identification license plates of ~~any other motor vehicle~~ 821
~~registered in the name of the person whose license is suspended~~ 822
all such vehicles in accordance with section 4503.233 and division 823
(G)(1)(b) of section 4511.19 or division (B)(2)(a) of section 824
4511.193 of the Revised Code. 825

       (3) When the license of any person is suspended pursuant to 826
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised 827
Code, or pursuant to section 4510.07 of the Revised Code for a 828
municipal OVI offense when the suspension is equivalent in length 829
to the suspension under division (G) of section 4511.19 of the 830
Revised Code that is specified in this division, the trial judge 831
of the court of record that suspended the license shall order the 832
criminal forfeiture to the state of the motor vehicle the offender 833
was operating at the time of the offense in accordance with 834
section 4503.234 and division (G)(1)(c), (d), or (e) of section 835
4511.19 or division (B)(2)(b) of section 4511.193 of the Revised 836
Code ~~and may impound~~. In addition, the trial judge of the court of 837
record that suspended the license shall order the immobilization 838
for one year of all the motor vehicles that are owned by or are 839
registered in the name of the offender and the impoundment for one 840
year of the identification license plates of ~~any other motor~~ 841
~~vehicle registered in the name of the person whose license is~~ 842
~~suspended~~all such vehicles in accordance with section 4503.233 843
and division (G)(1)(c), (d), or (e) of section 4511.19 or division 844
(B)(2)(b) of section 4511.193 of the Revised Code except for any 845
motor vehicle that is required to be forfeited to the state in 846
accordance with section 4503.234 and division (G)(1)(c), (d), or 847
(e) of section 4511.19 or division (B)(2)(b) of section 4511.193 848
of the Revised Code. 849

       (C)(1) When a person is convicted of or pleads guilty to a 850
violation of section 4510.14 of the Revised Code or a 851
substantially equivalent municipal ordinance and division (B)(1) 852
or (2) of section 4510.14 or division (C)(1) or (2) of section 853
4510.161 of the Revised Code applies, the trial judge of the court 854
of record or the mayor of the mayor's court that imposes sentence 855
shall order the immobilization of the vehicle the person was 856
operating at the time of the offense and the impoundment of its 857
identification license plates in accordance with section 4503.233 858
and division (B)(1) or (2) of section 4510.14 or division (C)(1) 859
or (2) of section 4510.161 of the Revised Code and may impound the 860
identification license plates of any other vehicle registered in 861
the name of that person. 862

       (2) When a person is convicted of or pleads guilty to a 863
violation of section 4510.14 of the Revised Code or a 864
substantially equivalent municipal ordinance and division (B)(3) 865
of section 4510.14 or division (C)(3) of section 4510.161 of the 866
Revised Code applies, the trial judge of the court of record that 867
imposes sentence shall order the criminal forfeiture to the state 868
of the vehicle the person was operating at the time of the offense 869
in accordance with section 4503.234 and division (B)(3) of section 870
4510.14 or division (C)(3) of section 4510.161 of the Revised Code 871
and may impound the identification license plates of any other 872
vehicle registered in the name of that person. 873

       (D)~~(1)~~ When a person is convicted of or pleads guilty to a 874
violation of division (A) of section 4510.16 of the Revised Code 875
or a substantially equivalent municipal ordinance, division (B) of 876
section 4510.16 or division (B) of section 4510.161 of the Revised 877
Code applies in determining whether the immobilization of the 878
vehicle the person was operating at the time of the offense and 879
the impoundment of its identification license plates or the 880
criminal forfeiture to the state of the vehicle the person was 881
operating at the time of the offense is authorized or required. 882
The trial judge of the court of record or the mayor of the mayor's 883
court that imposes sentence may impound the identification license 884
plates of any other vehicle registered in the name of that person. 885

       (E)(1) When a person is convicted of or pleads guilty to a 886
violation of section 4511.203 of the Revised Code and the person 887
is sentenced pursuant to division (C)(1) or (2) of section 888
4511.203 of the Revised Code, the trial judge of the court of 889
record or the mayor of the mayor's court that imposes sentence 890
shall order the immobilization of the vehicle that was involved in 891
the commission of the offense and the impoundment of its 892
identification license plates in accordance with division (C)(1) 893
or (2) of section 4511.203 and section 4503.233 of the Revised 894
Code and may impound the identification license plates of any 895
other vehicle registered in the name of that person. 896

       (2) When a person is convicted of or pleads guilty to a 897
violation of section 4511.203 of the Revised Code and the person 898
is sentenced pursuant to division (C)(3) of section 4511.203 of 899
the Revised Code, the trial judge of the court of record or the 900
mayor of the mayor's court that imposes sentence shall order the 901
criminal forfeiture to the state of the vehicle that was involved 902
in the commission of the offense in accordance with division 903
(C)(3) of section 4511.203 and section 4503.234 of the Revised 904
Code and may impound the identification license plates of any 905
other vehicle registered in the name of that person. 906

       (F) Except as provided in section 4503.233 or 4503.234 of the 907
Revised Code, when the certificate of registration, the 908
identification license plates, or both have been impounded, 909
division (B) of section 4507.02 of the Revised Code is applicable. 910

       (G) As used in this section, "municipal OVI offense" has the 911
same meaning as in section 4511.181 of the Revised Code. 912

       Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) of this section 913
apply to a judge or mayor regarding the suspension of, or the 914
grant of limited driving privileges during a suspension of, an 915
offender's driver's or commercial driver's license or permit or 916
nonresident operating privilege imposed under division (G) or (H) 917
of section 4511.19 of the Revised Code, under division (B) or (C) 918
of section 4511.191 of the Revised Code, or under section 4510.07 919
of the Revised Code for a conviction of a violation of a municipal 920
OVI ordinance. 921

       (2) No judge or mayor shall suspend the following portions of 922
the suspension of an offender's driver's or commercial driver's 923
license or permit or nonresident operating privilege imposed under 924
division (G) or (H) of section 4511.19 of the Revised Code or 925
under section 4510.07 of the Revised Code for a conviction of a 926
violation of a municipal OVI ordinance, provided that division 927
(A)(2) of this section does not limit a court or mayor in 928
crediting any period of suspension imposed pursuant to division 929
(B) or (C) of section 4511.191 of the Revised Code against any 930
time of judicial suspension imposed pursuant to section 4511.19 or 931
4510.07 of the Revised Code, as described in divisions (B)(2) and 932
(C)(2) of section 4511.191 of the Revised Code: 933

       (a) The first six months of a suspension imposed under 934
division (G)(1)(a) of section 4511.19 of the Revised Code or of a 935
comparable length suspension imposed under section 4510.07 of the 936
Revised Code; 937

       (b) The first year of a suspension imposed under division 938
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or of a 939
comparable length suspension imposed under section 4510.07 of the 940
Revised Code; 941

       (c) The first three years of a suspension imposed under 942
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 943
or of a comparable length suspension imposed under section 4510.07 944
of the Revised Code; 945

       (d) The first sixty days of a suspension imposed under 946
division (H) of section 4511.19 of the Revised Code or of a 947
comparable length suspension imposed under section 4510.07 of the 948
Revised Code. 949

       (3) No judge or mayor shall grant limited driving privileges 950
to an offender whose driver's or commercial driver's license or 951
permit or nonresident operating privilege has been suspended under 952
division (G) or (H) of section 4511.19 of the Revised Code, under 953
division (C) of section 4511.191 of the Revised Code, or under 954
section 4510.07 of the Revised Code for a municipal OVI conviction 955
if the offender, within the preceding six years, has been 956
convicted of or pleaded guilty to three or more violations of one 957
or more of the Revised Code sections, municipal ordinances, 958
statutes of the United States or another state, or municipal 959
ordinances of a municipal corporation of another state that are 960
identified in divisions (G)(2)(b) to (h) of section 2919.22 of the 961
Revised Code. 962

       Additionally, no judge or mayor shall grant limited driving 963
privileges to an offender whose driver's or commercial driver's 964
license or permit or nonresident operating privilege has been 965
suspended under division (B) of section 4511.191 of the Revised 966
Code if the offender, within the preceding six years, has refused 967
three previous requests to consent to a chemical test of the 968
person's whole blood, blood serum or plasma, breath, or urine to 969
determine its alcohol content. 970

       (4) No judge or mayor shall grant limited driving privileges 971
for employment as a driver of commercial motor vehicles to an 972
offender whose driver's or commercial driver's license or permit 973
or nonresident operating privilege has been suspended under 974
division (G) or (H) of section 4511.19 of the Revised Code, under 975
division (B) or (C) of section 4511.191 of the Revised Code, or 976
under section 4510.07 of the Revised Code for a municipal OVI 977
conviction if the offender is disqualified from operating a 978
commercial motor vehicle, or whose license or permit has been 979
suspended, under section 3123.58 or 4506.16 of the Revised Code. 980

       (5) No judge or mayor shall grant limited driving privileges 981
to an offender whose driver's or commercial driver's license or 982
permit or nonresident operating privilege has been suspended under 983
division (G) or (H) of section 4511.19 of the Revised Code, under 984
division (C) of section 4511.191 of the Revised Code, or under 985
section 4510.07 of the Revised Code for a conviction of a 986
violation of a municipal OVI ordinance during any of the following 987
periods of time: 988

       (a) The first fifteen days of a suspension imposed under 989
division (G)(1)(a) of section 4511.19 of the Revised Code or a 990
comparable length suspension imposed under section 4510.07 of the 991
Revised Code, or of a suspension imposed under division (C)(1)(a) 992
of section 4511.191 of the Revised Code. On or after the sixteenth 993
day of the suspension, the court may grant limited driving 994
privileges, but the court may require that the offender shall not 995
exercise the privileges unless the vehicles the offender operates 996
are equipped with immobilizing or disabling devices that monitor 997
the offender's alcohol consumption or any other type of 998
immobilizing or disabling devices, except as provided in division 999
(C) of section 4510.43 of the Revised Code. 1000

       (b) The first thirty days of a suspension imposed under 1001
~~division (G)(1)(b) of section 4511.19 of the Revised Code or a~~ 1002
~~comparable length suspension imposed under section 4510.07 of the~~ 1003
~~Revised Code, or of a suspension imposed under~~ division (C)(1)(b) 1004
of section 4511.191 of the Revised Code. On or after the 1005
thirty-first day of suspension, the court may grant limited 1006
driving privileges, but the court may require that the offender 1007
shall not exercise the privileges unless the vehicles the offender 1008
operates are equipped with immobilizing or disabling devices that 1009
monitor the offender's alcohol consumption or any other type of 1010
immobilizing or disabling devices, except as provided in division 1011
(C) of section 4510.43 of the Revised Code. 1012

       (c) The first sixty days of a suspension imposed under 1013
division (H) of section 4511.19 of the Revised Code or a 1014
comparable length suspension imposed under section 4510.07 of the 1015
Revised Code. 1016

       (d) The first one hundred eighty days of a suspension imposed 1017
~~under division (G)(1)(c) of section 4511.19 of the Revised Code or~~ 1018
~~a comparable length suspension imposed under section 4510.07 of~~ 1019
~~the Revised Code, or of a suspension imposed~~ under division 1020
(C)(1)(c) of section 4511.191 of the Revised Code. The judge may 1021
grant limited driving privileges on or after the one hundred 1022
eighty-first day of the suspension only if the judge, at the time 1023
of granting the privileges, also issues an order prohibiting the 1024
offender, while exercising the privileges during the period 1025
commencing with the one hundred eighty-first day of suspension and 1026
ending with the first year of suspension, from operating any motor 1027
vehicle unless it is equipped with an immobilizing or disabling 1028
device that monitors the offender's alcohol consumption. After the 1029
first year of the suspension, the court may authorize the offender 1030
to continue exercising the privileges in vehicles that are not 1031
equipped with immobilizing or disabling devices that monitor the 1032
offender's alcohol consumption, except as provided in division (C) 1033
of section 4510.43 of the Revised Code. If the offender does not 1034
petition for limited driving privileges until after the first year 1035
of suspension, the judge may grant limited driving privileges 1036
without requiring the use of an immobilizing or disabling device 1037
that monitors the offender's alcohol consumption. 1038

       (e) The first year of a suspension imposed under division 1039
(G)(1)(b) or (c) of section 4511.19 of the Revised Code or a 1040
comparable length suspension imposed under section 4510.07 of the 1041
Revised Code. The judge may grant limited driving privileges after 1042
the first year of suspension and, at the time of granting the 1043
privileges, also may issue an order prohibiting the offender from 1044
operating any motor vehicle for the period of suspension following 1045
the first year of suspension unless the motor vehicle is equipped 1046
with an immobilizing or disabling device that monitors the 1047
offender's alcohol consumption, except as provided in division (C) 1048
of section 4510.43 of the Revised Code. 1049

       (f) The first three years of a suspension imposed under 1050
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 1051
or a comparable length suspension imposed under section 4510.07 of 1052
the Revised Code, or of a suspension imposed under division 1053
(C)(1)(d) of section 4511.191 of the Revised Code. The judge may 1054
grant limited driving privileges after the first three years of 1055
suspension only if the judge, at the time of granting the 1056
privileges, also issues an order prohibiting the offender from 1057
operating any motor vehicle, for the period of suspension 1058
following the first three years of suspension, unless the motor 1059
vehicle is equipped with an immobilizing or disabling device that 1060
monitors the offender's alcohol consumption, except as provided in 1061
division (C) of section 4510.43 of the Revised Code. 1062

       (6) No judge or mayor shall grant limited driving privileges 1063
to an offender whose driver's or commercial driver's license or 1064
permit or nonresident operating privilege has been suspended under 1065
division (B) of section 4511.191 of the Revised Code during any of 1066
the following periods of time: 1067

       (a) The first thirty days of suspension imposed under 1068
division (B)(1)(a) of section 4511.191 of the Revised Code; 1069

       (b) The first ninety days of suspension imposed under 1070
division (B)(1)(b) of section 4511.191 of the Revised Code; 1071

       (c) The first year of suspension imposed under division 1072
(B)(1)(c) of section 4511.191 of the Revised Code; 1073

       (d) The first three years of suspension imposed under 1074
division (B)(1)(d) of section 4511.191 of the Revised Code. 1075

       (7) In any case in which a judge or mayor grants limited 1076
driving privileges to an offender whose driver's or commercial 1077
driver's license or permit or nonresident operating privilege has 1078
been suspended under division (G)(1)(b), (c), (d), or (e) of 1079
section 4511.19 of the Revised Code, under division (G)(1)(a) of 1080
section 4511.19 of the Revised Code for a violation of division 1081
(A)(1)(f), (g), (h), or (i) of that section, or under section 1082
4510.07 of the Revised Code for a municipal OVI conviction for 1083
which sentence would have been imposed under division 1084
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of 1085
the Revised Code had the offender been charged with and convicted 1086
of a violation of section 4511.19 of the Revised Code instead of a 1087
violation of the municipal OVI ordinance, the judge or mayor shall 1088
impose as a condition of the privileges that the offender must 1089
display on the vehicle that is driven subject to the privileges 1090
restricted license plates that are issued under section 4503.231 1091
of the Revised Code, except as provided in division (B) of that 1092
section. 1093

       (B) Any person whose driver's or commercial driver's license 1094
or permit or nonresident operating privilege has been suspended 1095
pursuant to section 4511.19 or 4511.191 of the Revised Code or 1096
under section 4510.07 of the Revised Code for a violation of a 1097
municipal OVI ordinance may file a petition for limited driving 1098
privileges during the suspension. The person shall file the 1099
petition in the court that has jurisdiction over the place of 1100
arrest. Subject to division (A) of this section, the court may 1101
grant the person limited driving privileges during the period 1102
during which the suspension otherwise would be imposed. However, 1103
the court shall not grant the privileges for employment as a 1104
driver of a commercial motor vehicle to any person who is 1105
disqualified from operating a commercial motor vehicle under 1106
section 4506.16 of the Revised Code or during any of the periods 1107
prescribed by division (A) of this section. 1108

       (C)(1) After a driver's or commercial driver's license or 1109
permit or nonresident operating privilege has been suspended 1110
pursuant to section 2903.06, 2903.08, 2903.11, 2907.24, 2921.331, 1111
2923.02, 2929.02, 4511.19, 4511.251, 4549.02, 4549.021, or 5743.99 1112
of the Revised Code, any provision of Chapter 2925. of the Revised 1113
Code, or section 4510.07 of the Revised Code for a violation of a 1114
municipal OVI ordinance, the judge of the court or mayor of the 1115
mayor's court that suspended the license, permit, or privilege 1116
shall cause the offender to deliver to the court the license or 1117
permit. The judge, mayor, or clerk of the court or mayor's court 1118
shall forward to the registrar the license or permit together with 1119
notice of the action of the court. 1120

       (2) A suspension of a commercial driver's license under any 1121
section or chapter identified in division (C)(1) of this section 1122
shall be concurrent with any period of suspension or 1123
disqualification under section 3123.58 or 4506.16 of the Revised 1124
Code. No person who is disqualified for life from holding a 1125
commercial driver's license under section 4506.16 of the Revised 1126
Code shall be issued a driver's license under this chapter during 1127
the period for which the commercial driver's license was suspended 1128
under this section, and no person whose commercial driver's 1129
license is suspended under any section or chapter identified in 1130
division (C)(1) of this section shall be issued a driver's license 1131
under Chapter 4507. of the Revised Code during the period of the 1132
suspension. 1133

       (3) No judge or mayor shall suspend any class one suspension, 1134
or any portion of any class one suspension, imposed under section 1135
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No 1136
judge or mayor shall suspend the first thirty days of any class 1137
two, class three, class four, class five, or class six suspension 1138
imposed under section 2903.06, 2903.08, 2903.11, 2923.02, or 1139
2929.02 of the Revised Code. 1140

       (D) The judge of the court or mayor of the mayor's court 1141
shall credit any time during which an offender was subject to an 1142
administrative suspension of the offender's driver's or commercial 1143
driver's license or permit or nonresident operating privilege 1144
imposed pursuant to section 4511.191 or 4511.192 of the Revised 1145
Code or a suspension imposed by a judge, referee, or mayor 1146
pursuant to division (B)(1) or (2) of section 4511.196 of the 1147
Revised Code against the time to be served under a related 1148
suspension imposed pursuant to any section or chapter identified 1149
in division (C)(1) of this section. 1150

       (E) The judge or mayor shall notify the bureau of motor 1151
vehicles of any determinations made pursuant to this section and 1152
of any suspension imposed pursuant to any section or chapter 1153
identified in division (C)(1) of this section. 1154

       (F)(1) If a court issues an immobilizing or disabling device 1155
order under section 4510.43 of the Revised Code, the order shall 1156
authorize the offender during the specified period to operate a 1157
motor vehicle only if it is equipped with an immobilizing or 1158
disabling device, except as provided in division (C) of that 1159
section. The court shall provide the offender with a copy of an 1160
immobilizing or disabling device order issued under section 1161
4510.43 of the Revised Code, and the offender shall use the copy 1162
of the order in lieu of an Ohio driver's or commercial driver's 1163
license or permit until the registrar or a deputy registrar issues 1164
the offender a restricted license. 1165

       An order issued under section 4510.43 of the Revised Code 1166
does not authorize or permit the offender to whom it has been 1167
issued to operate a vehicle during any time that the offender's 1168
driver's or commercial driver's license or permit is suspended 1169
under any other provision of law. 1170

       (2) An offender may present an immobilizing or disabling 1171
device order to the registrar or to a deputy registrar. Upon 1172
presentation of the order to the registrar or a deputy registrar, 1173
the registrar or deputy registrar shall issue the offender a 1174
restricted license. A restricted license issued under this 1175
division shall be identical to an Ohio driver's license, except 1176
that it shall have printed on its face a statement that the 1177
offender is prohibited during the period specified in the court 1178
order from operating any motor vehicle that is not equipped with 1179
an immobilizing or disabling device. The date of commencement and 1180
the date of termination of the period of suspension shall be 1181
indicated conspicuously upon the face of the license. 1182

       Sec. 4510.43. (A)(1) The director of public safety, upon 1183
consultation with the director of health and in accordance with 1184
Chapter 119. of the Revised Code, shall certify immobilizing and 1185
disabling devices and shall publish and make available to the 1186
courts, without charge, a list of approved devices together with 1187
information about the manufacturers of the devices and where they 1188
may be obtained. The manufacturer of an immobilizing or disabling 1189
device shall pay the cost of obtaining the certification of the 1190
device to the director of public safety, and the director shall 1191
deposit the payment in the drivers' treatment and intervention 1192
fund established by sections 4511.19 and 4511.191 of the Revised 1193
Code. 1194

       (2) The director of public safety, in accordance with Chapter 1195
119. of the Revised Code, shall adopt and publish rules setting 1196
forth the requirements for obtaining the certification of an 1197
immobilizing or disabling device. The director of public safety 1198
shall not certify an immobilizing or disabling device under this 1199
section unless it meets the requirements specified and published 1200
by the director in the rules adopted pursuant to this division. A 1201
certified device may consist of an ignition interlock device, an 1202
ignition blocking device initiated by time or magnetic or 1203
electronic encoding, an activity monitor, or any other device that 1204
reasonably assures compliance with an order granting limited 1205
driving privileges. 1206

       The requirements for an immobilizing or disabling device that 1207
is an ignition interlock device shall require that the 1208
manufacturer of the device submit to the department of public 1209
safety a certificate from an independent testing laboratory 1210
indicating that the device meets or exceeds the standards of the 1211
national highway traffic safety administration, as defined in 1212
section 4511.19 of the Revised Code, that are in effect at the 1213
time of the director's decision regarding certification of the 1214
device, shall include provisions for setting a minimum and maximum 1215
calibration range, and shall include, but shall not be limited to, 1216
specifications that the device complies with all of the following: 1217

       (a) It does not impede the safe operation of the vehicle. 1218

       (b) It has features that make circumvention difficult and 1219
that do not interfere with the normal use of the vehicle, and the 1220
features are operating and functioning. 1221

       (c) It correlates well with established measures of alcohol 1222
impairment. 1223

       (d) It works accurately and reliably in an unsupervised 1224
environment. 1225

       (e) It is resistant to tampering and shows evidence of 1226
tampering if tampering is attempted. 1227

       (f) It is difficult to circumvent and requires premeditation 1228
to do so. 1229

       (g) It minimizes inconvenience to a sober user. 1230

       (h) It requires a proper, deep-lung breath sample or other 1231
accurate measure of the concentration by weight of alcohol in the 1232
breath. 1233

       (i) It operates reliably over the range of automobile 1234
environments. 1235

       (j) It is made by a manufacturer who is covered by product 1236
liability insurance. 1237

       (3) The director of public safety may adopt, in whole or in 1238
part, the guidelines, rules, regulations, studies, or independent 1239
laboratory tests performed and relied upon by other states, or 1240
their agencies or commissions, in the certification or approval of 1241
immobilizing or disabling devices. 1242

       (4) The director of public safety shall adopt rules in 1243
accordance with Chapter 119. of the Revised Code for the design of 1244
a warning label that shall be affixed to each immobilizing or 1245
disabling device upon installation. The label shall contain a 1246
warning that any person tampering, circumventing, or otherwise 1247
misusing the device is subject to a fine, imprisonment, or both 1248
and may be subject to civil liability. 1249

       (B) A court considering the use of a prototype device in a 1250
pilot program shall advise the director of public safety, thirty 1251
days before the use, of the prototype device and its protocol, 1252
methodology, manufacturer, and licensor, lessor, other agent, or 1253
owner, and the length of the court's pilot program. A prototype 1254
device shall not be used for a violation of section 4510.14 or 1255
4511.19 of the Revised Code, a violation of a municipal OVI 1256
ordinance, or in relation to a suspension imposed under section 1257
4511.191 of the Revised Code. A court that uses a prototype device 1258
in a pilot program, periodically during the existence of the 1259
program and within fourteen days after termination of the program, 1260
shall report in writing to the director of public safety regarding 1261
the effectiveness of the prototype device and the program. 1262

       (C) If a person has been granted limited driving privileges 1263
with a condition of the privileges being that the motor vehicle 1264
that is operated under the privileges must be equipped with an 1265
immobilizing or disabling device, the person may operate a motor 1266
vehicle that is owned by the person's employer only if the person 1267
is required to operate that motor vehicle in the course and scope 1268
of the offender's employment. Such a person may operate that 1269
vehicle without the installation of an immobilizing or disabling 1270
device, provided that the employer has been notified that the 1271
person has limited driving privileges and of the nature of the 1272
restriction and further provided that the person has proof of the 1273
employer's notification in the person's possession while operating 1274
the employer's vehicle for normal business duties. A motor vehicle 1275
owned by a business that is partly or entirely owned or controlled 1276
by a person with limited driving privileges is not a motor vehicle 1277
owned by an employer, for purposes of this division. 1278

       Sec. 4511.181. As used in sections 4511.181 to ~~4511.197~~ 1279
4511.199 of the Revised Code: 1280

       (A) "Equivalent offense" means any of the following: 1281

       (1) A violation of division (A) or (B) of section 4511.19 of 1282
the Revised Code; 1283

       (2) A violation of a municipal OVI ordinance; 1284

       (3) A violation of section 2903.04 of the Revised Code in a 1285
case in which the offender was subject to the sanctions described 1286
in division (D) of that section; 1287

       (4) A violation of division (A)(1) of section 2903.06 or 1288
2903.08 of the Revised Code or a municipal ordinance that is 1289
substantially equivalent to either of those divisions; 1290

       (5) A violation of division (A)(2), (3), or (4) of section 1291
2903.06, division (A)(2) of section 2903.08, or former section 1292
2903.07 of the Revised Code, or a municipal ordinance that is 1293
substantially equivalent to any of those divisions or that former 1294
section, in a case in which a judge or jury as the trier of fact 1295
found that the offender was under the influence of alcohol, a drug 1296
of abuse, or a combination of them; 1297

       (6) A violation of division (A) or (B) of section 1547.11 of 1298
the Revised Code; 1299

       (7) A violation of a municipal ordinance prohibiting a person 1300
from operating or being in physical control of any vessel underway 1301
or from manipulating any water skis, aquaplane, or similar device 1302
on the waters of this state while under the influence of alcohol, 1303
a drug of abuse, or a combination of them or prohibiting a person 1304
from operating or being in physical control of any vessel underway 1305
or from manipulating any water skis, aquaplane, or similar device 1306
on the waters of this state with a prohibited concentration of 1307
alcohol, a controlled substance, or a metabolite of a controlled 1308
substance in the whole blood, blood serum or plasma, breath, or 1309
urine; 1310

       (8) A violation of an existing or former municipal ordinance, 1311
law of another state, or law of the United States that is 1312
substantially equivalent to division (A) or (B) of section 4511.19 1313
or division (A) or (B) of section 1547.11 of the Revised Code; 1314

       ~~(7)~~(9) A violation of a former law of this state that was 1315
substantially equivalent to division (A) or (B) of section 4511.19 1316
or division (A) or (B) of section 1547.11 of the Revised Code. 1317

       (B) "Mandatory jail term" means the mandatory term in jail of 1318
three, six, ten, twenty, thirty, or sixty days that must be 1319
imposed under division (G)(1)(a), (b), or (c) of section 4511.19 1320
of the Revised Code upon an offender convicted of a violation of 1321
division (A) of that section and in relation to which all of the 1322
following apply: 1323

       (1) Except as specifically authorized under section 4511.19 1324
of the Revised Code, the term must be served in a jail. 1325

       (2) Except as specifically authorized under section 4511.19 1326
of the Revised Code, the term cannot be suspended, reduced, or 1327
otherwise modified pursuant to sections 2929.21 to 2929.28 or any 1328
other provision of the Revised Code. 1329

       (C) "Municipal OVI ordinance" and "municipal OVI offense" 1330
mean any municipal ordinance prohibiting a person from operating a 1331
vehicle while under the influence of alcohol, a drug of abuse, or 1332
a combination of them or prohibiting a person from operating a 1333
vehicle with a prohibited concentration of alcohol, a controlled 1334
substance, or a metabolite of a controlled substance in the whole 1335
blood, blood serum or plasma, breath, or urine. 1336

       (D) "Community residential sanction," "jail," "mandatory 1337
prison term," "mandatory term of local incarceration," "sanction," 1338
and "prison term" have the same meanings as in section 2929.01 of 1339
the Revised Code. 1340

       (E) "Drug of abuse" has the same meaning as in section 1341
4506.01 of the Revised Code. 1342

       (F) "Equivalent offense that is vehicle-related" means an 1343
equivalent offense that is any of the following: 1344

       (1) A violation described in division (A)(1), (2), (3), (4), 1345
or (5) of this section; 1346

       (2) A violation of an existing or former municipal ordinance, 1347
law of another state, or law of the United States that is 1348
substantially equivalent to division (A) or (B) of section 4511.19 1349
of the Revised Code; 1350

       (3) A violation of a former law of this state that was 1351
substantially equivalent to division (A) or (B) of section 4511.19 1352
of the Revised Code. 1353

       Sec. 4511.19. (A)(1) No person shall operate any vehicle, 1354
streetcar, or trackless trolley within this state, if, at the time 1355
of the operation, any of the following apply: 1356

       (a) The person is under the influence of alcohol, a drug of 1357
abuse, or a combination of them. 1358

       (b) The person has a concentration of eight-hundredths of one 1359
per cent or more but less than seventeen-hundredths of one per 1360
cent by weight per unit volume of alcohol in the person's whole 1361
blood. 1362

       (c) The person has a concentration of ninety-six-thousandths 1363
of one per cent or more but less than two hundred four-thousandths 1364
of one per cent by weight per unit volume of alcohol in the 1365
person's blood serum or plasma. 1366

       (d) The person has a concentration of eight-hundredths of one 1367
gram or more but less than seventeen-hundredths of one gram by 1368
weight of alcohol per two hundred ten liters of the person's 1369
breath. 1370

       (e) The person has a concentration of eleven-hundredths of 1371
one gram or more but less than two hundred 1372
thirty-eight-thousandths of one gram by weight of alcohol per one 1373
hundred milliliters of the person's urine. 1374

       (f) The person has a concentration of seventeen-hundredths of 1375
one per cent or more by weight per unit volume of alcohol in the 1376
person's whole blood. 1377

       (g) The person has a concentration of two hundred 1378
four-thousandths of one per cent or more by weight per unit volume 1379
of alcohol in the person's blood serum or plasma. 1380

       (h) The person has a concentration of seventeen-hundredths of 1381
one gram or more by weight of alcohol per two hundred ten liters 1382
of the person's breath. 1383

       (i) The person has a concentration of two hundred 1384
thirty-eight-thousandths of one gram or more by weight of alcohol 1385
per one hundred milliliters of the person's urine. 1386

       (j) Except as provided in division (K) of this section, the 1387
person has a concentration of any of the following controlled 1388
substances or metabolites of a controlled substance in the 1389
person's whole blood, blood serum or plasma, or urine that equals 1390
or exceeds any of the following: 1391

       (i) The person has a concentration of amphetamine in the 1392
person's urine of at least five hundred nanograms of amphetamine 1393
per milliliter of the person's urine or has a concentration of 1394
amphetamine in the person's whole blood or blood serum or plasma 1395
of at least one hundred nanograms of amphetamine per milliliter of 1396
the person's whole blood or blood serum or plasma. 1397

       (ii) The person has a concentration of cocaine in the 1398
person's urine of at least one hundred fifty nanograms of cocaine 1399
per milliliter of the person's urine or has a concentration of 1400
cocaine in the person's whole blood or blood serum or plasma of at 1401
least fifty nanograms of cocaine per milliliter of the person's 1402
whole blood or blood serum or plasma. 1403

       (iii) The person has a concentration of cocaine metabolite in 1404
the person's urine of at least one hundred fifty nanograms of 1405
cocaine metabolite per milliliter of the person's urine or has a 1406
concentration of cocaine metabolite in the person's whole blood or 1407
blood serum or plasma of at least fifty nanograms of cocaine 1408
metabolite per milliliter of the person's whole blood or blood 1409
serum or plasma. 1410

       (iv) The person has a concentration of heroin in the person's 1411
urine of at least two thousand nanograms of heroin per milliliter 1412
of the person's urine or has a concentration of heroin in the 1413
person's whole blood or blood serum or plasma of at least fifty 1414
nanograms of heroin per milliliter of the person's whole blood or 1415
blood serum or plasma. 1416

       (v) The person has a concentration of heroin metabolite 1417
(6-monoacetyl morphine) in the person's urine of at least ten 1418
nanograms of heroin metabolite (6-monoacetyl morphine) per 1419
milliliter of the person's urine or has a concentration of heroin 1420
metabolite (6-monoacetyl morphine) in the person's whole blood or 1421
blood serum or plasma of at least ten nanograms of heroin 1422
metabolite (6-monoacetyl morphine) per milliliter of the person's 1423
whole blood or blood serum or plasma. 1424

       (vi) The person has a concentration of L.S.D. in the person's 1425
urine of at least twenty-five nanograms of L.S.D. per milliliter 1426
of the person's urine or a concentration of L.S.D. in the person's 1427
whole blood or blood serum or plasma of at least ten nanograms of 1428
L.S.D. per milliliter of the person's whole blood or blood serum 1429
or plasma. 1430

       (vii) The person has a concentration of marihuana in the 1431
person's urine of at least ten nanograms of marihuana per 1432
milliliter of the person's urine or has a concentration of 1433
marihuana in the person's whole blood or blood serum or plasma of 1434
at least two nanograms of marihuana per milliliter of the person's 1435
whole blood or blood serum or plasma. 1436

       (viii) Either of the following applies: 1437

        (I) The person is under the influence of alcohol, a drug of 1438
abuse, or a combination of them, and, as measured by gas 1439
chromatography mass spectrometry, the person has a concentration 1440
of marihuana metabolite in the person's urine of at least fifteen 1441
nanograms of marihuana metabolite per milliliter of the person's 1442
urine or has a concentration of marihuana metabolite in the 1443
person's whole blood or blood serum or plasma of at least five 1444
nanograms of marihuana metabolite per milliliter of the person's 1445
whole blood or blood serum or plasma. 1446

       (II) As measured by gas chromatography mass spectrometry, the 1447
person has a concentration of marihuana metabolite in the person's 1448
urine of at least thirty-five nanograms of marihuana metabolite 1449
per milliliter of the person's urine or has a concentration of 1450
marihuana metabolite in the person's whole blood or blood serum or 1451
plasma of at least fifty nanograms of marihuana metabolite per 1452
milliliter of the person's whole blood or blood serum or plasma. 1453

       (ix) The person has a concentration of methamphetamine in the 1454
person's urine of at least five hundred nanograms of 1455
methamphetamine per milliliter of the person's urine or has a 1456
concentration of methamphetamine in the person's whole blood or 1457
blood serum or plasma of at least one hundred nanograms of 1458
methamphetamine per milliliter of the person's whole blood or 1459
blood serum or plasma. 1460

       (x) The person has a concentration of phencyclidine in the 1461
person's urine of at least twenty-five nanograms of phencyclidine 1462
per milliliter of the person's urine or has a concentration of 1463
phencyclidine in the person's whole blood or blood serum or plasma 1464
of at least ten nanograms of phencyclidine per milliliter of the 1465
person's whole blood or blood serum or plasma. 1466

       (2) No person who, within twenty years of the conduct 1467
described in division (A)(2)(a) of this section, previously has 1468
been convicted of or pleaded guilty to a violation of this 1469
division, a violation of division (A)(1) or (B) of this section, 1470
or ~~a municipal OVI~~any other equivalent offense shall do both of 1471
the following: 1472

       (a) Operate any vehicle, streetcar, or trackless trolley 1473
within this state while under the influence of alcohol, a drug of 1474
abuse, or a combination of them; 1475

       (b) Subsequent to being arrested for operating the vehicle, 1476
streetcar, or trackless trolley as described in division (A)(2)(a) 1477
of this section, being asked by a law enforcement officer to 1478
submit to a chemical test or tests under section 4511.191 of the 1479
Revised Code, and being advised by the officer in accordance with 1480
section 4511.192 of the Revised Code of the consequences of the 1481
person's refusal or submission to the test or tests, refuse to 1482
submit to the test or tests. 1483

       (B) No person under twenty-one years of age shall operate any 1484
vehicle, streetcar, or trackless trolley within this state, if, at 1485
the time of the operation, any of the following apply: 1486

       (1) The person has a concentration of at least two-hundredths 1487
of one per cent but less than eight-hundredths of one per cent by 1488
weight per unit volume of alcohol in the person's whole blood. 1489

       (2) The person has a concentration of at least 1490
three-hundredths of one per cent but less than 1491
ninety-six-thousandths of one per cent by weight per unit volume 1492
of alcohol in the person's blood serum or plasma. 1493

       (3) The person has a concentration of at least two-hundredths 1494
of one gram but less than eight-hundredths of one gram by weight 1495
of alcohol per two hundred ten liters of the person's breath. 1496

       (4) The person has a concentration of at least twenty-eight 1497
one-thousandths of one gram but less than eleven-hundredths of one 1498
gram by weight of alcohol per one hundred milliliters of the 1499
person's urine. 1500

       (C) In any proceeding arising out of one incident, a person 1501
may be charged with a violation of division (A)(1)(a) or (A)(2) 1502
and a violation of division (B)(1), (2), or (3) of this section, 1503
but the person may not be convicted of more than one violation of 1504
these divisions. 1505

       (D)(1)(a) In any criminal prosecution or juvenile court 1506
proceeding for a violation of division (A)(1)(a) of this section 1507
or for an equivalent offense that is vehicle-related, the result 1508
of any test of any blood or urine withdrawn and analyzed at any 1509
health care provider, as defined in section 2317.02 of the Revised 1510
Code, may be admitted with expert testimony to be considered with 1511
any other relevant and competent evidence in determining the guilt 1512
or innocence of the defendant. 1513

       (b) In any criminal prosecution or juvenile court proceeding 1514
for a violation of division (A) or (B) of this section or for an 1515
equivalent offense that is vehicle-related, the court may admit 1516
evidence on the concentration of alcohol, drugs of abuse, 1517
controlled substances, metabolites of a controlled substance, or a 1518
combination of them in the defendant's whole blood, blood serum or 1519
plasma, breath, urine, or other bodily substance at the time of 1520
the alleged violation as shown by chemical analysis of the 1521
substance withdrawn within three hours of the time of the alleged 1522
violation. The three-hour time limit specified in this division 1523
regarding the admission of evidence does not extend or affect the 1524
two-hour time limit specified in division (A) of section 4511.192 1525
of the Revised Code as the maximum period of time during which a 1526
person may consent to a chemical test or tests as described in 1527
that section. The court may admit evidence on the concentration of 1528
alcohol, drugs of abuse, or a combination of them as described in 1529
this division when a person submits to a blood, breath, urine, or 1530
other bodily substance test at the request of a law enforcement 1531
officer under section 4511.191 of the Revised Code or a blood or 1532
urine sample is obtained pursuant to a search warrant. Only a 1533
physician, a registered nurse, or a qualified technician, chemist, 1534
or phlebotomist shall withdraw a blood sample for the purpose of 1535
determining the alcohol, drug, controlled substance, metabolite of 1536
a controlled substance, or combination content of the whole 1537
blood, blood serum, or blood plasma. This limitation does not 1538
apply to the taking of breath or urine specimens. A person 1539
authorized to withdraw blood under this division may refuse to 1540
withdraw blood under this division, if in that person's opinion, 1541
the physical welfare of the person would be endangered by the 1542
withdrawing of blood. 1543

       The bodily substance withdrawn under division (D)(1)(b) of 1544
this section shall be analyzed in accordance with methods approved 1545
by the director of health by an individual possessing a valid 1546
permit issued by the director pursuant to section 3701.143 of the 1547
Revised Code. 1548

       (2) In a criminal prosecution or juvenile court proceeding 1549
for a violation of division (A) of this section or for an 1550
equivalent offense that is vehicle-related, if there was at the 1551
time the bodily substance was withdrawn a concentration of less 1552
than the applicable concentration of alcohol specified in 1553
divisions (A)(1)(b), (c), (d), and (e) of this section or less 1554
than the applicable concentration of a listed controlled substance 1555
or a listed metabolite of a controlled substance specified for a 1556
violation of division (A)(1)(j) of this section, that fact may be 1557
considered with other competent evidence in determining the guilt 1558
or innocence of the defendant. This division does not limit or 1559
affect a criminal prosecution or juvenile court proceeding for a 1560
violation of division (B) of this section or for an equivalent 1561
offense that is substantially equivalent to that division. 1562

       (3) Upon the request of the person who was tested, the 1563
results of the chemical test shall be made available to the person 1564
or the person's attorney, immediately upon the completion of the 1565
chemical test analysis. 1566

        If the chemical test was obtained pursuant to division 1567
(D)(1)(b) of this section, the person tested may have a physician, 1568
a registered nurse, or a qualified technician, chemist, or 1569
phlebotomist of the person's own choosing administer a chemical 1570
test or tests, at the person's expense, in addition to any 1571
administered at the request of a law enforcement officer. ~~The~~If 1572
the person was under arrest as described in division (A)(5) of 1573
section 4511.191 of the Revised Code, the arresting officer shall 1574
advise the person at the time of the arrest that the person may 1575
have an independent chemical test taken at the person's own 1576
expense. If the person was not under arrest as described in 1577
division (A)(5) of section 4511.191 of the Revised Code, the form 1578
to be read to the person to be tested, as required under section 1579
4511.192 of the Revised Code, shall state that the person may have 1580
an independent test performed at the person's expense. The failure 1581
or inability to obtain an additional chemical test by a person 1582
shall not preclude the admission of evidence relating to the 1583
chemical test or tests taken at the request of a law enforcement 1584
officer. 1585

       (4)(a) As used in divisions (D)(4)(b) and (c) of this 1586
section, "national highway traffic safety administration" means 1587
the national highway traffic safety administration established as 1588
an administration of the United States department of 1589
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105. 1590

       (b) In any criminal prosecution or juvenile court proceeding 1591
for a violation of division (A) or (B) of this section, of a 1592
municipal ordinance relating to operating a vehicle while under 1593
the influence of alcohol, a drug of abuse, or alcohol and a drug 1594
of abuse, or of a municipal ordinance relating to operating a 1595
vehicle with a prohibited concentration of alcohol, a controlled 1596
substance, or a metabolite of a controlled substance in the whole 1597
blood, blood serum or plasma, breath, or urine, if a law 1598
enforcement officer has administered a field sobriety test to the 1599
operator of the vehicle involved in the violation and if it is 1600
shown by clear and convincing evidence that the officer 1601
administered the test in substantial compliance with the testing 1602
standards for any reliable, credible, and generally accepted field 1603
sobriety tests that were in effect at the time the tests were 1604
administered, including, but not limited to, any testing standards 1605
then in effect that were set by the national highway traffic 1606
safety administration, all of the following apply: 1607

       (i) The officer may testify concerning the results of the 1608
field sobriety test so administered. 1609

       (ii) The prosecution may introduce the results of the field 1610
sobriety test so administered as evidence in any proceedings in 1611
the criminal prosecution or juvenile court proceeding. 1612

       (iii) If testimony is presented or evidence is introduced 1613
under division (D)(4)(b)(i) or (ii) of this section and if the 1614
testimony or evidence is admissible under the Rules of Evidence, 1615
the court shall admit the testimony or evidence and the trier of 1616
fact shall give it whatever weight the trier of fact considers to 1617
be appropriate. 1618

       (c) Division (D)(4)(b) of this section does not limit or 1619
preclude a court, in its determination of whether the arrest of a 1620
person was supported by probable cause or its determination of any 1621
other matter in a criminal prosecution or juvenile court 1622
proceeding of a type described in that division, from considering 1623
evidence or testimony that is not otherwise disallowed by division 1624
(D)(4)(b) of this section. 1625

       (E)(1) Subject to division (E)(3) of this section, in any 1626
criminal prosecution or juvenile court proceeding for a violation 1627
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) 1628
or (B)(1), (2), (3), or (4) of this section or for an equivalent 1629
offense that is substantially equivalent to any of those 1630
divisions, a laboratory report from any laboratory personnel 1631
issued a permit by the department of health authorizing an 1632
analysis as described in this division that contains an analysis 1633
of the whole blood, blood serum or plasma, breath, urine, or other 1634
bodily substance tested and that contains all of the information 1635
specified in this division shall be admitted as prima-facie 1636
evidence of the information and statements that the report 1637
contains. The laboratory report shall contain all of the 1638
following: 1639

       (a) The signature, under oath, of any person who performed 1640
the analysis; 1641

       (b) Any findings as to the identity and quantity of alcohol, 1642
a drug of abuse, a controlled substance, a metabolite of a 1643
controlled substance, or a combination of them that was found; 1644

       (c) A copy of a notarized statement by the laboratory 1645
director or a designee of the director that contains the name of 1646
each certified analyst or test performer involved with the report, 1647
the analyst's or test performer's employment relationship with the 1648
laboratory that issued the report, and a notation that performing 1649
an analysis of the type involved is part of the analyst's or test 1650
performer's regular duties; 1651

       (d) An outline of the analyst's or test performer's 1652
education, training, and experience in performing the type of 1653
analysis involved and a certification that the laboratory 1654
satisfies appropriate quality control standards in general and, in 1655
this particular analysis, under rules of the department of health. 1656

       (2) Notwithstanding any other provision of law regarding the 1657
admission of evidence, a report of the type described in division 1658
(E)(1) of this section is not admissible against the defendant to 1659
whom it pertains in any proceeding, other than a preliminary 1660
hearing or a grand jury proceeding, unless the prosecutor has 1661
served a copy of the report on the defendant's attorney or, if the 1662
defendant has no attorney, on the defendant. 1663

       (3) A report of the type described in division (E)(1) of this 1664
section shall not be prima-facie evidence of the contents, 1665
identity, or amount of any substance if, within seven days after 1666
the defendant to whom the report pertains or the defendant's 1667
attorney receives a copy of the report, the defendant or the 1668
defendant's attorney demands the testimony of the person who 1669
signed the report. The judge in the case may extend the seven-day 1670
time limit in the interest of justice. 1671

       (F) Except as otherwise provided in this division, any 1672
physician, registered nurse, or qualified technician, chemist, or 1673
phlebotomist who withdraws blood from a person pursuant to this 1674
section or section 4511.191 or 4511.192 of the Revised Code, and 1675
any hospital, first-aid station, or clinic at which blood is 1676
withdrawn from a person pursuant to this section or section 1677
4511.191 or 4511.192 of the Revised Code, is immune from criminal 1678
liability and civil liability based upon a claim of assault and 1679
battery or any other claim that is not a claim of malpractice, for 1680
any act performed in withdrawing blood from the person. The 1681
immunity provided in this division is not available to a person 1682
who withdraws blood if the person engages in willful or wanton 1683
misconduct. 1684

       (G)(1) Whoever violates any provision of divisions (A)(1)(a) 1685
to (i) or (A)(2) of this section is guilty of operating a vehicle 1686
under the influence of alcohol, a drug of abuse, or a combination 1687
of them. Whoever violates division (A)(1)(j) of this section is 1688
guilty of operating a vehicle while under the influence of a 1689
listed controlled substance or a listed metabolite of a controlled 1690
substance. The court shall sentence the offender for either 1691
offense under Chapter 2929. of the Revised Code, except as 1692
otherwise authorized or required by divisions (G)(1)(a) to (e) of 1693
this section: 1694

       (a) Except as otherwise provided in division (G)(1)(b), (c), 1695
(d), or (e) of this section, the offender is guilty of a 1696
misdemeanor of the first degree, and the court shall sentence the 1697
offender to all of the following: 1698

       (i) If the sentence is being imposed for a violation of 1699
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 1700
mandatory jail term of three consecutive days. As used in this 1701
division, three consecutive days means seventy-two consecutive 1702
hours. The court may sentence an offender to both an intervention 1703
program and a jail term. The court may impose a jail term in 1704
addition to the three-day mandatory jail term or intervention 1705
program. However, in no case shall the cumulative jail term 1706
imposed for the offense exceed six months. 1707

       The court may suspend the execution of the three-day jail 1708
term under this division if the court, in lieu of that suspended 1709
term, places the offender under a community control sanction 1710
pursuant to section 2929.25 of the Revised Code and requires the 1711
offender to attend, for three consecutive days, a drivers' 1712
intervention program certified under section 3793.10 of the 1713
Revised Code. The court also may suspend the execution of any 1714
part of the three-day jail term under this division if it places 1715
the offender under a community control sanction pursuant to 1716
section 2929.25 of the Revised Code for part of the three days, 1717
requires the offender to attend for the suspended part of the term 1718
a drivers' intervention program so certified, and sentences the 1719
offender to a jail term equal to the remainder of the three 1720
consecutive days that the offender does not spend attending the 1721
program. The court may require the offender, as a condition of 1722
community control and in addition to the required attendance at a 1723
drivers' intervention program, to attend and satisfactorily 1724
complete any treatment or education programs that comply with the 1725
minimum standards adopted pursuant to Chapter 3793. of the Revised 1726
Code by the director of alcohol and drug addiction services that 1727
the operators of the drivers' intervention program determine that 1728
the offender should attend and to report periodically to the court 1729
on the offender's progress in the programs. The court also may 1730
impose on the offender any other conditions of community control 1731
that it considers necessary. 1732

       (ii) If the sentence is being imposed for a violation of 1733
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1734
section, except as otherwise provided in this division, a 1735
mandatory jail term of at least three consecutive days and a 1736
requirement that the offender attend, for three consecutive days, 1737
a drivers' intervention program that is certified pursuant to 1738
section 3793.10 of the Revised Code. As used in this division, 1739
three consecutive days means seventy-two consecutive hours. If the 1740
court determines that the offender is not conducive to treatment 1741
in a drivers' intervention program, if the offender refuses to 1742
attend a drivers' intervention program, or if the jail at which 1743
the offender is to serve the jail term imposed can provide a 1744
driver's intervention program, the court shall sentence the 1745
offender to a mandatory jail term of at least six consecutive 1746
days. 1747

       The court may require the offender, under a community control 1748
sanction imposed under section 2929.25 of the Revised Code, to 1749
attend and satisfactorily complete any treatment or education 1750
programs that comply with the minimum standards adopted pursuant 1751
to Chapter 3793. of the Revised Code by the director of alcohol 1752
and drug addiction services, in addition to the required 1753
attendance at drivers' intervention program, that the operators of 1754
the drivers' intervention program determine that the offender 1755
should attend and to report periodically to the court on the 1756
offender's progress in the programs. The court also may impose any 1757
other conditions of community control on the offender that it 1758
considers necessary. 1759

       (iii) In all cases, a fine of not less than two hundred fifty 1760
and not more than one thousand dollars; 1761

       (iv) In all cases, a class five license suspension of the 1762
offender's driver's or commercial driver's license or permit or 1763
nonresident operating privilege from the range specified in 1764
division (A)(5) of section 4510.02 of the Revised Code. The court 1765
may grant limited driving privileges relative to the suspension 1766
under sections 4510.021 and 4510.13 of the Revised Code. 1767

       (b) Except as otherwise provided in division (G)(1)(e) of 1768
this section, an offender who, within six years of the offense, 1769
previously has been convicted of or pleaded guilty to one 1770
violation of division (A) or (B) of this section or one other 1771
equivalent offense is guilty of a misdemeanor of the first degree. 1772
The court shall sentence the offender to all of the following: 1773

       (i) If the sentence is being imposed for a violation of 1774
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 1775
mandatory jail term of ten consecutive days. The court shall 1776
impose the ten-day mandatory jail term under this division unless, 1777
subject to division (G)(3) of this section, it instead imposes a 1778
sentence under that division consisting of both a jail term and a 1779
term of house arrest with electronic monitoring, with continuous 1780
alcohol monitoring, or with both electronic monitoring and 1781
continuous alcohol monitoring. The court may impose a jail term in 1782
addition to the ten-day mandatory jail term. The cumulative jail 1783
term imposed for the offense shall not exceed six months. 1784

       In addition to the jail term or the term of house arrest with 1785
electronic monitoring or continuous alcohol monitoring or both 1786
types of monitoring and jail term, the court ~~may~~shall require the 1787
offender to attend a drivers' intervention program that is 1788
certified pursuant to section 3793.10 of the Revised Code. If the 1789
operator of the program determines that the offender is alcohol 1790
dependent, the program shall notify the court, and, subject to 1791
division (I) of this section, the court shall order the offender 1792
to obtain treatment through an alcohol and drug addiction program 1793
authorized by section 3793.02 of the Revised Code. 1794

       (ii) If the sentence is being imposed for a violation of 1795
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1796
section, except as otherwise provided in this division, a 1797
mandatory jail term of twenty consecutive days. The court shall 1798
impose the twenty-day mandatory jail term under this division 1799
unless, subject to division (G)(3) of this section, it instead 1800
imposes a sentence under that division consisting of both a jail 1801
term and a term of house arrest with electronic monitoring, with 1802
continuous alcohol monitoring, or with both electronic monitoring 1803
and continuous alcohol monitoring. The court may impose a jail 1804
term in addition to the twenty-day mandatory jail term. The 1805
cumulative jail term imposed for the offense shall not exceed six 1806
months. 1807

       In addition to the jail term or the term of house arrest with 1808
electronic monitoring or continuous alcohol monitoring or both 1809
types of monitoring and jail term, the court ~~may~~shall require the 1810
offender to attend a driver's intervention program that is 1811
certified pursuant to section 3793.10 of the Revised Code. If the 1812
operator of the program determines that the offender is alcohol 1813
dependent, the program shall notify the court, and, subject to 1814
division (I) of this section, the court shall order the offender 1815
to obtain treatment through an alcohol and drug addiction program 1816
authorized by section 3793.02 of the Revised Code. 1817

       (iii) In all cases, notwithstanding the fines set forth in 1818
Chapter 2929. of the Revised Code, a fine of not less than three 1819
hundred fifty and not more than one thousand five hundred dollars; 1820

       (iv) In all cases, a class four license suspension of the 1821
offender's driver's license, commercial driver's license, 1822
temporary instruction permit, probationary license, or nonresident 1823
operating privilege from the range specified in division (A)(4) of 1824
section 4510.02 of the Revised Code. The court may grant limited 1825
driving privileges relative to the suspension under sections 1826
4510.021 and 4510.13 of the Revised Code. 1827

       (v) In all cases, if the vehicle is registered in the 1828
offender's name, immobilization of the vehicle involved in the 1829
offense for ~~ninety days~~one year in accordance with section 1830
4503.233 of the Revised Code and impoundment of the license plates 1831
of that vehicle for ~~ninety days~~one year. In addition, 1832
irrespective of whether the vehicle involved in the offense is 1833
registered in the offender's name, the court shall order the 1834
immobilization for one year of all motor vehicles owned by or 1835
registered in the name of the offender and the impoundment for one 1836
year of the license plates of all such vehicles. 1837

       (vi) In all cases, a requirement that the offender wear a 1838
monitor that provides continuous alcohol monitoring that is 1839
remote. The court shall require the offender to wear the monitor 1840
until the conclusion of all community control sanctions imposed 1841
upon the offender. The offender shall pay all costs associated 1842
with the monitor, including the cost of remote monitoring. 1843

       (c) Except as otherwise provided in division (G)(1)(e) of 1844
this section, an offender who, within six years of the offense, 1845
previously has been convicted of or pleaded guilty to two 1846
violations of division (A) or (B) of this section or other 1847
equivalent offenses is guilty of a misdemeanor. The court shall 1848
sentence the offender to all of the following: 1849

       (i) If the sentence is being imposed for a violation of 1850
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 1851
mandatory jail term of thirty consecutive days. The court shall 1852
impose the thirty-day mandatory jail term under this division 1853
unless, subject to division (G)(3) of this section, it instead 1854
imposes a sentence under that division consisting of both a jail 1855
term and a term of house arrest with electronic monitoring, with 1856
continuous alcohol monitoring, or with both electronic monitoring 1857
and continuous alcohol monitoring. The court may impose a jail 1858
term in addition to the thirty-day mandatory jail term. 1859
Notwithstanding the jail terms set forth in sections 2929.21 to 1860
2929.28 of the Revised Code, the additional jail term shall not 1861
exceed one year, and the cumulative jail term imposed for the 1862
offense shall not exceed one year. 1863

       (ii) If the sentence is being imposed for a violation of 1864
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1865
section, a mandatory jail term of sixty consecutive days. The 1866
court shall impose the sixty-day mandatory jail term under this 1867
division unless, subject to division (G)(3) of this section, it 1868
instead imposes a sentence under that division consisting of both 1869
a jail term and a term of house arrest with electronic monitoring, 1870
with continuous alcohol monitoring, or with both electronic 1871
monitoring and continuous alcohol monitoring. The court may impose 1872
a jail term in addition to the sixty-day mandatory jail term. 1873
Notwithstanding the jail terms set forth in sections 2929.21 to 1874
2929.28 of the Revised Code, the additional jail term shall not 1875
exceed one year, and the cumulative jail term imposed for the 1876
offense shall not exceed one year. 1877

       (iii) In all cases, notwithstanding the fines set forth in 1878
Chapter 2929. of the Revised Code, a fine of not less than five 1879
hundred fifty and not more than two thousand five hundred dollars; 1880

       (iv) In all cases, a class three license suspension of the 1881
offender's driver's license, commercial driver's license, 1882
temporary instruction permit, probationary license, or nonresident 1883
operating privilege from the range specified in division (A)(3) of 1884
section 4510.02 of the Revised Code. The court may grant limited 1885
driving privileges relative to the suspension under sections 1886
4510.021 and 4510.13 of the Revised Code. 1887

       (v) In all cases, if the vehicle is registered in the 1888
offender's name, criminal forfeiture of the vehicle involved in 1889
the offense in accordance with section 4503.234 of the Revised 1890
Code. Division (G)(6) of this section applies regarding any 1891
vehicle that is subject to an order of criminal forfeiture under 1892
this division. In addition, the court shall order the 1893
immobilization for one year of all other motor vehicles owned by 1894
or registered in the name of the offender and the impoundment for 1895
one year of the license plates of all such vehicles. 1896

       If the vehicle involved in the offense is not registered in 1897
the offender's name, the court shall order the immobilization for 1898
one year of all motor vehicles owned by or registered in the name 1899
of the offender and the impoundment for one year of the license 1900
plates of all such vehicles. 1901

       (vi) In all cases, participation in an alcohol and drug 1902
addiction program authorized by section 3793.02 of the Revised 1903
Code, subject to division (I) of this section. The operator of the 1904
program shall determine and assess the degree of the offender's 1905
alcohol dependency and use and shall treat the offender 1906
accordingly. 1907

       (vii) In all cases, a requirement that the offender wear a 1908
monitor that provides continuous alcohol monitoring that is 1909
remote. The court shall require the offender to wear the monitor 1910
until the conclusion of all community control sanctions imposed 1911
upon the offender. The offender shall pay all costs associated 1912
with the monitor, including the cost of remote monitoring. 1913

       (d) Except as otherwise provided in division (G)(1)(e) of 1914
this section, an offender who, within six years of the offense, 1915
previously has been convicted of or pleaded guilty to three or 1916
four violations of division (A) or (B) of this section or other 1917
equivalent offenses or an offender who, within twenty years of the 1918
offense, previously has been convicted of or pleaded guilty to 1919
five or more violations of that nature is guilty of a felony of 1920
the fourth degree. The court shall sentence the offender to all of 1921
the following: 1922

       (i) If the sentence is being imposed for a violation of 1923
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 1924
mandatory prison term of one, two, three, four, or five years as 1925
required by and in accordance with division (G)(2) of section 1926
2929.13 of the Revised Code if the offender also is convicted of 1927
or also pleads guilty to a specification of the type described in 1928
section 2941.1413 of the Revised Code or, in the discretion of the 1929
court, either a mandatory term of local incarceration of sixty 1930
consecutive days in accordance with division (G)(1) of section 1931
2929.13 of the Revised Code or a mandatory prison term of sixty 1932
consecutive days in accordance with division (G)(2) of that 1933
section if the offender is not convicted of and does not plead 1934
guilty to a specification of that type. If the court imposes a 1935
mandatory term of local incarceration, it may impose a jail term 1936
in addition to the sixty-day mandatory term, the cumulative total 1937
of the mandatory term and the jail term for the offense shall not 1938
exceed one year, and, except as provided in division (A)(1) of 1939
section 2929.13 of the Revised Code, no prison term is authorized 1940
for the offense. If the court imposes a mandatory prison term, 1941
notwithstanding division (A)(4) of section 2929.14 of the Revised 1942
Code, it also may sentence the offender to a definite prison term 1943
that shall be not less than six months and not more than thirty 1944
months and the prison terms shall be imposed as described in 1945
division (G)(2) of section 2929.13 of the Revised Code. If the 1946
court imposes a mandatory prison term or mandatory prison term and 1947
additional prison term, in addition to the term or terms so 1948
imposed, the court also may sentence the offender to a community 1949
control sanction for the offense, but the offender shall serve all 1950
of the prison terms so imposed prior to serving the community 1951
control sanction. 1952

       (ii) If the sentence is being imposed for a violation of 1953
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 1954
section, a mandatory prison term of one, two, three, four, or five 1955
years as required by and in accordance with division (G)(2) of 1956
section 2929.13 of the Revised Code if the offender also is 1957
convicted of or also pleads guilty to a specification of the type 1958
described in section 2941.1413 of the Revised Code or, in the 1959
discretion of the court, either a mandatory term of local 1960
incarceration of one hundred twenty consecutive days in accordance 1961
with division (G)(1) of section 2929.13 of the Revised Code or a 1962
mandatory prison term of one hundred twenty consecutive days in 1963
accordance with division (G)(2) of that section if the offender is 1964
not convicted of and does not plead guilty to a specification of 1965
that type. If the court imposes a mandatory term of local 1966
incarceration, it may impose a jail term in addition to the one 1967
hundred twenty-day mandatory term, the cumulative total of the 1968
mandatory term and the jail term for the offense shall not exceed 1969
one year, and, except as provided in division (A)(1) of section 1970
2929.13 of the Revised Code, no prison term is authorized for the 1971
offense. If the court imposes a mandatory prison term, 1972
notwithstanding division (A)(4) of section 2929.14 of the Revised 1973
Code, it also may sentence the offender to a definite prison term 1974
that shall be not less than six months and not more than thirty 1975
months and the prison terms shall be imposed as described in 1976
division (G)(2) of section 2929.13 of the Revised Code. If the 1977
court imposes a mandatory prison term or mandatory prison term and 1978
additional prison term, in addition to the term or terms so 1979
imposed, the court also may sentence the offender to a community 1980
control sanction for the offense, but the offender shall serve all 1981
of the prison terms so imposed prior to serving the community 1982
control sanction. 1983

       (iii) In all cases, notwithstanding section 2929.18 of the 1984
Revised Code, a fine of not less than eight hundred nor more than 1985
ten thousand dollars; 1986

       (iv) In all cases, a class two license suspension of the 1987
offender's driver's license, commercial driver's license, 1988
temporary instruction permit, probationary license, or nonresident 1989
operating privilege from the range specified in division (A)(2) of 1990
section 4510.02 of the Revised Code. The court may grant limited 1991
driving privileges relative to the suspension under sections 1992
4510.021 and 4510.13 of the Revised Code. 1993

       (v) In all cases, if the vehicle is registered in the 1994
offender's name, criminal forfeiture of the vehicle involved in 1995
the offense in accordance with section 4503.234 of the Revised 1996
Code. Division (G)(6) of this section applies regarding any 1997
vehicle that is subject to an order of criminal forfeiture under 1998
this division. In addition, the court shall order the 1999
immobilization for one year of all other motor vehicles owned by 2000
or registered in the name of the offender and the impoundment for 2001
one year of the license plates of all such vehicles. 2002

       If the vehicle involved in the offense is not registered in 2003
the offender's name, the court shall order the immobilization for 2004
one year of all motor vehicles owned by or registered in the name 2005
of the offender and the impoundment for one year of the license 2006
plates of all such vehicles. 2007

       (vi) In all cases, participation in an alcohol and drug 2008
addiction program authorized by section 3793.02 of the Revised 2009
Code, subject to division (I) of this section. The operator of the 2010
program shall determine and assess the degree of the offender's 2011
alcohol dependency and use and shall treat the offender 2012
accordingly. 2013

       (vii) In all cases, if the court sentences the offender to a 2014
mandatory term of local incarceration, in addition to the 2015
mandatory term, the court, pursuant to section 2929.17 of the 2016
Revised Code, may impose a term of house arrest with electronic 2017
monitoring. The term shall not commence until after the offender 2018
has served the mandatory term of local incarceration. 2019

       (viii) In all cases, a requirement that the offender wear a 2020
monitor that provides continuous alcohol monitoring that is 2021
remote. The court shall require the offender to wear the monitor 2022
until the conclusion of all community control sanctions or 2023
post-release controls imposed upon the offender. The offender 2024
shall pay all costs associated with the monitor, including the 2025
cost of remote monitoring. 2026

       (e) An offender who previously has been convicted of or 2027
pleaded guilty to a violation of division (A) of this section that 2028
was a felony, regardless of when the violation and the conviction 2029
or guilty plea occurred, is guilty of a felony of the third 2030
degree. The court shall sentence the offender to all of the 2031
following: 2032

       (i) If the offender is being sentenced for a violation of 2033
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a 2034
mandatory prison term of one, two, three, four, or five years as 2035
required by and in accordance with division (G)(2) of section 2036
2929.13 of the Revised Code if the offender also is convicted of 2037
or also pleads guilty to a specification of the type described in 2038
section 2941.1413 of the Revised Code or a mandatory prison term 2039
of sixty consecutive days in accordance with division (G)(2) of 2040
section 2929.13 of the Revised Code if the offender is not 2041
convicted of and does not plead guilty to a specification of that 2042
type. The court may impose a prison term in addition to the 2043
mandatory prison term. The cumulative total of a sixty-day 2044
mandatory prison term and the additional prison term for the 2045
offense shall not exceed five years. In addition to the mandatory 2046
prison term or mandatory prison term and additional prison term 2047
the court imposes, the court also may sentence the offender to a 2048
community control sanction for the offense, but the offender 2049
shall serve all of the prison terms so imposed prior to serving 2050
the community control sanction. 2051

       (ii) If the sentence is being imposed for a violation of 2052
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this 2053
section, a mandatory prison term of one, two, three, four, or five 2054
years as required by and in accordance with division (G)(2) of 2055
section 2929.13 of the Revised Code if the offender also is 2056
convicted of or also pleads guilty to a specification of the type 2057
described in section 2941.1413 of the Revised Code or a mandatory 2058
prison term of one hundred twenty consecutive days in accordance 2059
with division (G)(2) of section 2929.13 of the Revised Code if the 2060
offender is not convicted of and does not plead guilty to a 2061
specification of that type. The court may impose a prison term in 2062
addition to the mandatory prison term. The cumulative total of a 2063
one hundred twenty-day mandatory prison term and the additional 2064
prison term for the offense shall not exceed five years. In 2065
addition to the mandatory prison term or mandatory prison term and 2066
additional prison term the court imposes, the court also may 2067
sentence the offender to a community control sanction for the 2068
offense, but the offender shall serve all of the prison terms so 2069
imposed prior to serving the community control sanction. 2070

       (iii) In all cases, notwithstanding section 2929.18 of the 2071
Revised Code, a fine of not less than eight hundred nor more than 2072
ten thousand dollars; 2073

       (iv) In all cases, a class two license suspension of the 2074
offender's driver's license, commercial driver's license, 2075
temporary instruction permit, probationary license, or nonresident 2076
operating privilege from the range specified in division (A)(2) of 2077
section 4510.02 of the Revised Code. The court may grant limited 2078
driving privileges relative to the suspension under sections 2079
4510.021 and 4510.13 of the Revised Code. 2080

       (v) In all cases, if the vehicle is registered in the 2081
offender's name, criminal forfeiture of the vehicle involved in 2082
the offense in accordance with section 4503.234 of the Revised 2083
Code. Division (G)(6) of this section applies regarding any 2084
vehicle that is subject to an order of criminal forfeiture under 2085
this division. In addition, the court shall order the 2086
immobilization for one year of all other motor vehicles owned by 2087
or registered in the name of the offender and the impoundment for 2088
one year of the license plates of all such vehicles. 2089

       If the vehicle involved in the offense is not registered in 2090
the offender's name, the court shall order the immobilization for 2091
one year of all motor vehicles owned by or registered in the name 2092
of the offender and the impoundment for one year of the license 2093
plates of all such vehicles. 2094

       (vi) In all cases, participation in an alcohol and drug 2095
addiction program authorized by section 3793.02 of the Revised 2096
Code, subject to division (I) of this section. The operator of the 2097
program shall determine and assess the degree of the offender's 2098
alcohol dependency and use and shall treat the offender 2099
accordingly. 2100

       (vii) In all cases, a requirement that the offender wear a 2101
monitor that provides continuous alcohol monitoring that is 2102
remote. The court shall require the offender to wear the monitor 2103
until the conclusion of all post-release controls imposed upon the 2104
offender. The offender shall pay all costs associated with the 2105
monitor, including the cost of remote monitoring. 2106

       (2) An offender who is convicted of or pleads guilty to a 2107
violation of division (A) of this section and who subsequently 2108
seeks reinstatement of the driver's or occupational driver's 2109
license or permit or nonresident operating privilege suspended 2110
under this section as a result of the conviction or guilty plea 2111
shall pay a reinstatement fee as provided in division (F)(2) of 2112
section 4511.191 of the Revised Code. 2113

       (3) If an offender is sentenced to a jail term under division 2114
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and 2115
if, within sixty days of sentencing of the offender, the court 2116
issues a written finding on the record that, due to the 2117
unavailability of space at the jail where the offender is required 2118
to serve the term, the offender will not be able to begin serving 2119
that term within the sixty-day period following the date of 2120
sentencing, the court may impose an alternative sentence under 2121
this division that includes a term of house arrest with electronic 2122
monitoring, with continuous alcohol monitoring, or with both 2123
electronic monitoring and continuous alcohol monitoring. 2124

       As an alternative to a mandatory jail term of ten consecutive 2125
days required by division (G)(1)(b)(i) of this section, the court, 2126
under this division, may sentence the offender to five consecutive 2127
days in jail and not less than eighteen consecutive days of house 2128
arrest with electronic monitoring, with continuous alcohol 2129
monitoring, or with both electronic monitoring and continuous 2130
alcohol monitoring. The cumulative total of the five consecutive 2131
days in jail and the period of house arrest with electronic 2132
monitoring, continuous alcohol monitoring, or both types of 2133
monitoring shall not exceed six months. The five consecutive days 2134
in jail do not have to be served prior to or consecutively to the 2135
period of house arrest. 2136

       As an alternative to the mandatory jail term of twenty 2137
consecutive days required by division (G)(1)(b)(ii) of this 2138
section, the court, under this division, may sentence the offender 2139
to ten consecutive days in jail and not less than thirty-six 2140
consecutive days of house arrest with electronic monitoring, with 2141
continuous alcohol monitoring, or with both electronic monitoring 2142
and continuous alcohol monitoring. The cumulative total of the ten 2143
consecutive days in jail and the period of house arrest with 2144
electronic monitoring, continuous alcohol monitoring, or both 2145
types of monitoring shall not exceed six months. The ten 2146
consecutive days in jail do not have to be served prior to or 2147
consecutively to the period of house arrest. 2148

       As an alternative to a mandatory jail term of thirty 2149
consecutive days required by division (G)(1)(c)(i) of this 2150
section, the court, under this division, may sentence the offender 2151
to fifteen consecutive days in jail and not less than fifty-five 2152
consecutive days of house arrest with electronic monitoring, with 2153
continuous alcohol monitoring, or with both electronic monitoring 2154
and continuous alcohol monitoring. The cumulative total of the 2155
fifteen consecutive days in jail and the period of house arrest 2156
with electronic monitoring, continuous alcohol monitoring, or both 2157
types of monitoring shall not exceed one year. The fifteen 2158
consecutive days in jail do not have to be served prior to or 2159
consecutively to the period of house arrest. 2160

       As an alternative to the mandatory jail term of sixty 2161
consecutive days required by division (G)(1)(c)(ii) of this 2162
section, the court, under this division, may sentence the offender 2163
to thirty consecutive days in jail and not less than one hundred 2164
ten consecutive days of house arrest with electronic monitoring, 2165
with continuous alcohol monitoring, or with both electronic 2166
monitoring and continuous alcohol monitoring. The cumulative total 2167
of the thirty consecutive days in jail and the period of house 2168
arrest with electronic monitoring, continuous alcohol monitoring, 2169
or both types of monitoring shall not exceed one year. The thirty 2170
consecutive days in jail do not have to be served prior to or 2171
consecutively to the period of house arrest. 2172

       (4) If an offender's driver's or occupational driver's 2173
license or permit or nonresident operating privilege is suspended 2174
under division (G) of this section and if section 4510.13 of the 2175
Revised Code permits the court to grant limited driving 2176
privileges, the court may grant the limited driving privileges in 2177
accordance with that section. If division (A)(7) of that section 2178
requires that the court impose as a condition of the privileges 2179
that the offender must display on the vehicle that is driven 2180
subject to the privileges restricted license plates that are 2181
issued under section 4503.231 of the Revised Code, except as 2182
provided in division (B) of that section, the court shall impose 2183
that condition as one of the conditions of the limited driving 2184
privileges granted to the offender, except as provided in division 2185
(B) of section 4503.231 of the Revised Code. 2186

       (5) Fines imposed under this section for a violation of 2187
division (A) of this section shall be distributed as follows: 2188

       (a) Twenty-five dollars of the fine imposed under division 2189
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under 2190
division (G)(1)(b)(iii), one hundred twenty-three dollars of the 2191
fine imposed under division (G)(1)(c)(iii), and two hundred ten 2192
dollars of the fine imposed under division (G)(1)(d)(iii) or 2193
(e)(iii) of this section shall be paid to an enforcement and 2194
education fund established by the legislative authority of the law 2195
enforcement agency in this state that primarily was responsible 2196
for the arrest of the offender, as determined by the court that 2197
imposes the fine. The agency shall use this share to pay only 2198
those costs it incurs in enforcing this section or a municipal OVI 2199
ordinance and in informing the public of the laws governing the 2200
operation of a vehicle while under the influence of alcohol, the 2201
dangers of the operation of a vehicle under the influence of 2202
alcohol, and other information relating to the operation of a 2203
vehicle under the influence of alcohol and the consumption of 2204
alcoholic beverages. 2205

       (b) Fifty dollars of the fine imposed under division 2206
(G)(1)(a)(iii) of this section shall be paid to the political 2207
subdivision that pays the cost of housing the offender during the 2208
offender's term of incarceration. If the offender is being 2209
sentenced for a violation of division (A)(1)(a), (b), (c), (d), 2210
(e), or (j) of this section and was confined as a result of the 2211
offense prior to being sentenced for the offense but is not 2212
sentenced to a term of incarceration, the fifty dollars shall be 2213
paid to the political subdivision that paid the cost of housing 2214
the offender during that period of confinement. The political 2215
subdivision shall use the share under this division to pay or 2216
reimburse incarceration or treatment costs it incurs in housing or 2217
providing drug and alcohol treatment to persons who violate this 2218
section or a municipal OVI ordinance, costs of any immobilizing or 2219
disabling device used on the offender's vehicle, and costs of 2220
electronic house arrest equipment needed for persons who violate 2221
this section. 2222

       (c) Twenty-five dollars of the fine imposed under division 2223
(G)(1)(a)(iii) and fifty dollars of the fine imposed under 2224
division (G)(1)(b)(iii) of this section shall be deposited into 2225
the county or municipal indigent drivers' alcohol treatment fund 2226
under the control of that court, as created by the county or 2227
municipal corporation under division (N) of section 4511.191 of 2228
the Revised Code. 2229

       (d) One hundred fifteen dollars of the fine imposed under 2230
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the 2231
fine imposed under division (G)(1)(c)(iii), and four hundred forty 2232
dollars of the fine imposed under division (G)(1)(d)(iii) or 2233
(e)(iii) of this section shall be paid to the political 2234
subdivision that pays the cost of housing the offender during the 2235
offender's term of incarceration. The political subdivision shall 2236
use this share to pay or reimburse incarceration or treatment 2237
costs it incurs in housing or providing drug and alcohol treatment 2238
to persons who violate this section or a municipal OVI ordinance, 2239
costs for any immobilizing or disabling device used on the 2240
offender's vehicle, and costs of electronic house arrest equipment 2241
needed for persons who violate this section. 2242

       (e) The balance of the fine imposed under division 2243
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this 2244
section shall be disbursed as otherwise provided by law. 2245

       (6) If title to a motor vehicle that is subject to an order 2246
of criminal forfeiture under division (G)(1)(c), (d), or (e) of 2247
this section is assigned or transferred and division (B)(2) or (3) 2248
of section 4503.234 of the Revised Code applies, in addition to or 2249
independent of any other penalty established by law, the court may 2250
fine the offender the value of the vehicle as determined by 2251
publications of the national auto dealers association. The 2252
proceeds of any fine so imposed shall be distributed in accordance 2253
with division (C)(2) of that section. 2254

       (7) As used in division (G) of this section, "electronic 2255
monitoring," "mandatory prison term," and "mandatory term of local 2256
incarceration" have the same meanings as in section 2929.01 of the 2257
Revised Code. 2258

       (H) Whoever violates division (B) of this section is guilty 2259
of operating a vehicle after underage alcohol consumption and 2260
shall be punished as follows: 2261

       (1) Except as otherwise provided in division (H)(2) of this 2262
section, the offender is guilty of a misdemeanor of the fourth 2263
degree. In addition to any other sanction imposed for the offense, 2264
the court shall impose a class six suspension of the offender's 2265
driver's license, commercial driver's license, temporary 2266
instruction permit, probationary license, or nonresident operating 2267
privilege from the range specified in division (A)(6) of section 2268
4510.02 of the Revised Code. 2269

       (2) If, within one year of the offense, the offender 2270
previously has been convicted of or pleaded guilty to one or more 2271
violations of division (A) or (B) of this section or other 2272
equivalent offenses, the offender is guilty of a misdemeanor of 2273
the third degree. In addition to any other sanction imposed for 2274
the offense, the court shall impose a class four suspension of the 2275
offender's driver's license, commercial driver's license, 2276
temporary instruction permit, probationary license, or nonresident 2277
operating privilege from the range specified in division (A)(4) of 2278
section 4510.02 of the Revised Code. 2279

       (3) If the offender also is convicted of or also pleads 2280
guilty to a specification of the type described in section 2281
2941.1416 of the Revised Code and if the court imposes a jail term 2282
for the violation of division (B) of this section, the court shall 2283
impose upon the offender an additional definite jail term pursuant 2284
to division (E) of section 2929.24 of the Revised Code. 2285

       (I)(1) No court shall sentence an offender to an alcohol 2286
treatment program under this section unless the treatment program 2287
complies with the minimum standards for alcohol treatment programs 2288
adopted under Chapter 3793. of the Revised Code by the director of 2289
alcohol and drug addiction services. 2290

       (2) An offender who stays in a drivers' intervention program 2291
or in an alcohol treatment program under an order issued under 2292
this section shall pay the cost of the stay in the program. 2293
However, if the court determines that an offender who stays in an 2294
alcohol treatment program under an order issued under this section 2295
is unable to pay the cost of the stay in the program, the court 2296
may order that the cost be paid from the court's indigent drivers' 2297
alcohol treatment fund. 2298

       (J) If a person whose driver's or commercial driver's license 2299
or permit or nonresident operating privilege is suspended under 2300
this section files an appeal regarding any aspect of the person's 2301
trial or sentence, the appeal itself does not stay the operation 2302
of the suspension. 2303

       (K) Division (A)(1)(j) of this section does not apply to a 2304
person who operates a vehicle, streetcar, or trackless trolley 2305
while the person has a concentration of a listed controlled 2306
substance or a listed metabolite of a controlled substance in the 2307
person's whole blood, blood serum or plasma, or urine that equals 2308
or exceeds the amount specified in that division, if both of the 2309
following apply: 2310

       (1) The person obtained the controlled substance pursuant to 2311
a prescription issued by a licensed health professional authorized 2312
to prescribe drugs. 2313

       (2) The person injected, ingested, or inhaled the controlled 2314
substance in accordance with the health professional's directions. 2315

       (L) The prohibited concentrations of a controlled substance 2316
or a metabolite of a controlled substance listed in division 2317
(A)(1)(j) of this section also apply in a prosecution of a 2318
violation of division (D) of section 2923.16 of the Revised Code 2319
in the same manner as if the offender is being prosecuted for a 2320
prohibited concentration of alcohol. 2321

       (M) All terms defined in section 4510.01 of the Revised Code 2322
apply to this section. If the meaning of a term defined in section 2323
4510.01 of the Revised Code conflicts with the meaning of the same 2324
term as defined in section 4501.01 or 4511.01 of the Revised Code, 2325
the term as defined in section 4510.01 of the Revised Code applies 2326
to this section. 2327

       (N)(1) The Ohio Traffic Rules in effect on January 1, 2004, 2328
as adopted by the supreme court under authority of section 2937.46 2329
of the Revised Code, do not apply to felony violations of this 2330
section. Subject to division (N)(2) of this section, the Rules of 2331
Criminal Procedure apply to felony violations of this section. 2332

       (2) If, on or after January 1, 2004, the supreme court 2333
modifies the Ohio Traffic Rules to provide procedures to govern 2334
felony violations of this section, the modified rules shall apply 2335
to felony violations of this section. 2336

       Sec. 4511.191. (A)(1) "Physical control" has the same 2337
meaning as in section 4511.194 of the Revised Code. 2338

       (2) Any person who operates a vehicle, streetcar, or 2339
trackless trolley upon a highway or any public or private property 2340
used by the public for vehicular travel or parking within this 2341
state or who is in physical control of a vehicle, streetcar, or 2342
trackless trolley shall be deemed to have given consent to a 2343
chemical test or tests of the person's whole blood, blood serum or 2344
plasma, breath, or urine to determine the alcohol, drug of abuse, 2345
controlled substance, metabolite of a controlled substance, or 2346
combination content of the person's whole blood, blood serum or 2347
plasma, breath, or urine if arrested for a violation of division 2348
(A) or (B) of section 4511.19 of the Revised Code, section 2349
4511.194 of the Revised Code or a substantially equivalent 2350
municipal ordinance, or a municipal OVI ordinance. 2351

       (3) The chemical test or tests under division (A)(2) of this 2352
section shall be administered at the request of a law enforcement 2353
officer having reasonable grounds to believe the person was 2354
operating or in physical control of a vehicle, streetcar, or 2355
trackless trolley in violation of a division, section, or 2356
ordinance identified in division (A)(2) of this section. The law 2357
enforcement agency by which the officer is employed shall 2358
designate which of the tests shall be administered. 2359

       (4) Any person who is dead or unconscious, or who otherwise 2360
is in a condition rendering the person incapable of refusal, shall 2361
be deemed to have consented as provided in division (A)(2) of this 2362
section, and the test or tests may be administered, subject to 2363
sections 313.12 to 313.16 of the Revised Code. 2364

       (5)(a) If a law enforcement officer arrests a person for a 2365
violation of division (A) or (B) of section 4511.19 of the Revised 2366
Code, section 4511.194 of the Revised Code or a substantially 2367
equivalent municipal ordinance, or a municipal OVI ordinance and 2368
if the person previously has been convicted of or pleaded guilty 2369
to two or more violations of division (A) or (B) of section 2370
4511.19 of the Revised Code or other equivalent offenses, the law 2371
enforcement officer shall request the person to submit, and the 2372
person shall submit, to a chemical test or tests of the person's 2373
whole blood, blood serum or plasma, breath, or urine for the 2374
purpose of determining the alcohol, drug of abuse, controlled 2375
substance, metabolite of a controlled substance, or combination 2376
content of the person's whole blood, blood serum or plasma, 2377
breath, or urine. A law enforcement officer who makes a request 2378
pursuant to this division that a person submit to a chemical test 2379
or tests is not required to advise the person of the consequences 2380
of submitting to, or refusing to submit to, the test or tests and 2381
is not required to give the person the form described in division 2382
(B) of section 4511.192 of the Revised Code, but the officer shall 2383
advise the person at the time of the arrest that the person may 2384
have an independent chemical test taken at the person's own 2385
expense. Divisions (A)(3) and (4) of this section apply to the 2386
administration of a chemical test or tests pursuant to this 2387
division. 2388

       (b) If a person refuses to submit to a chemical test upon a 2389
request made pursuant to division (A)(5)(a) of this section, the 2390
law enforcement officer who made the request may employ whatever 2391
reasonable means are necessary to ensure that the person submits 2392
to a chemical test of the person's whole blood or blood serum or 2393
plasma. A law enforcement officer who acts pursuant to this 2394
division to ensure that a person submits to a chemical test of the 2395
person's whole blood or blood serum or plasma is immune from 2396
criminal and civil liability based upon a claim for assault and 2397
battery or any other claim for the acts, unless the officer so 2398
acted with malicious purpose, in bad faith, or in a wanton or 2399
reckless manner. 2400

       (B)(1) Upon receipt of the sworn report of a law enforcement 2401
officer who arrested a person for a violation of division (A) or 2402
(B) of section 4511.19 of the Revised Code, section 4511.194 of 2403
the Revised Code or a substantially equivalent municipal 2404
ordinance, or a municipal OVI ordinance that was completed and 2405
sent to the registrar and a court pursuant to section 4511.192 of 2406
the Revised Code in regard to a person who refused to take the 2407
designated chemical test, the registrar shall enter into the 2408
registrar's records the fact that the person's driver's or 2409
commercial driver's license or permit or nonresident operating 2410
privilege was suspended by the arresting officer under this 2411
division and that section and the period of the suspension, as 2412
determined under this section. The suspension shall be subject to 2413
appeal as provided in section 4511.197 of the Revised Code. The 2414
suspension shall be for whichever of the following periods 2415
applies: 2416

       (a) Except when division (B)(1)(b), (c), or (d) of this 2417
section applies and specifies a different class or length of 2418
suspension, the suspension shall be a class C suspension for the 2419
period of time specified in division (B)(3) of section 4510.02 of 2420
the Revised Code. 2421

       (b) If the arrested person, within six years of the date on 2422
which the person refused the request to consent to the chemical 2423
test, had refused one previous request to consent to a chemical 2424
test or had been convicted of or pleaded guilty to one violation 2425
of division (A) or (B) of section 4511.19 of the Revised Code or 2426
one other equivalent offense, the suspension shall be a class B 2427
suspension imposed for the period of time specified in division 2428
(B)(2) of section 4510.02 of the Revised Code. 2429

       (c) If the arrested person, within six years of the date on 2430
which the person refused the request to consent to the chemical 2431
test, had refused two previous requests to consent to a chemical 2432
test, had been convicted of or pleaded guilty to two violations of 2433
division (A) or (B) of section 4511.19 of the Revised Code or 2434
other equivalent offenses, or had refused one previous request to 2435
consent to a chemical test and also had been convicted of or 2436
pleaded guilty to one violation of division (A) or (B) of section 2437
4511.19 of the Revised Code or other equivalent offenses, which 2438
violation or offense arose from an incident other than the 2439
incident that led to the refusal, the suspension shall be a class 2440
A suspension imposed for the period of time specified in division 2441
(B)(1) of section 4510.02 of the Revised Code. 2442

       (d) If the arrested person, within six years of the date on 2443
which the person refused the request to consent to the chemical 2444
test, had refused three or more previous requests to consent to a 2445
chemical test, had been convicted of or pleaded guilty to three or 2446
more violations of division (A) or (B) of section 4511.19 of the 2447
Revised Code or other equivalent offenses, or had refused a number 2448
of previous requests to consent to a chemical test and also had 2449
been convicted of or pleaded guilty to a number of violations of 2450
division (A) or (B) of section 4511.19 of the Revised Code or 2451
other equivalent offenses that cumulatively total three or more 2452
such refusals, convictions, and guilty pleas, each of which 2453
violations or offenses arose from an incident other than the 2454
incident that led to any of the refusals, the suspension shall be 2455
for five years. 2456

       (2) The registrar shall terminate a suspension of the 2457
driver's or commercial driver's license or permit of a resident or 2458
of the operating privilege of a nonresident, or a denial of a 2459
driver's or commercial driver's license or permit, imposed 2460
pursuant to division (B)(1) of this section upon receipt of notice 2461
that the person has entered a plea of guilty to, or that the 2462
person has been convicted after entering a plea of no contest to, 2463
operating a vehicle in violation of section 4511.19 of the Revised 2464
Code or in violation of a municipal OVI ordinance, if the offense 2465
for which the conviction is had or the plea is entered arose from 2466
the same incident that led to the suspension or denial. 2467

       The registrar shall credit against any judicial suspension of 2468
a person's driver's or commercial driver's license or permit or 2469
nonresident operating privilege imposed pursuant to section 2470
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 2471
Revised Code for a violation of a municipal OVI ordinance, any 2472
time during which the person serves a related suspension imposed 2473
pursuant to division (B)(1) of this section. 2474

       (C)(1) Upon receipt of the sworn report of the law 2475
enforcement officer who arrested a person for a violation of 2476
division (A) or (B) of section 4511.19 of the Revised Code or a 2477
municipal OVI ordinance that was completed and sent to the 2478
registrar and a court pursuant to section 4511.192 of the Revised 2479
Code in regard to a person whose test results indicate that the 2480
person's whole blood, blood serum or plasma, breath, or urine 2481
contained at least the concentration of alcohol specified in 2482
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the 2483
Revised Code or at least the concentration of a listed controlled 2484
substance or a listed metabolite of a controlled substance 2485
specified in division (A)(1)(j) of section 4511.19 of the Revised 2486
Code, the registrar shall enter into the registrar's records the 2487
fact that the person's driver's or commercial driver's license or 2488
permit or nonresident operating privilege was suspended by the 2489
arresting officer under this division and section 4511.192 of the 2490
Revised Code and the period of the suspension, as determined under 2491
divisions ~~(F)~~(C)(1)(a) to ~~(4)~~(d) of this section. The suspension 2492
shall be subject to appeal as provided in section 4511.197 of the 2493
Revised Code. The suspension described in this division does not 2494
apply to, and shall not be imposed upon, a person arrested for a 2495
violation of section 4511.194 of the Revised Code or a 2496
substantially equivalent municipal ordinance who submits to a 2497
designated chemical test. The suspension shall be for whichever of 2498
the following periods applies: 2499

       (a) Except when division (C)(1)(b), (c), or (d) of this 2500
section applies and specifies a different period, the suspension 2501
shall be a class E suspension imposed for the period of time 2502
specified in division (B)(5) of section 4510.02 of the Revised 2503
Code. 2504

       (b) The suspension shall be a class C suspension for the 2505
period of time specified in division (B)(3) of section 4510.02 of 2506
the Revised Code if the person has been convicted of or pleaded 2507
guilty to, within six years of the date the test was conducted, 2508
one violation of division (A) or (B) of section 4511.19 of the 2509
Revised Code or one other equivalent offense. 2510

       (c) If, within six years of the date the test was conducted, 2511
the person has been convicted of or pleaded guilty to two 2512
violations of a statute or ordinance described in division 2513
(C)(1)(b) of this section, the suspension shall be a class B 2514
suspension imposed for the period of time specified in division 2515
(B)(2) of section 4510.02 of the Revised Code. 2516

       (d) If, within six years of the date the test was conducted, 2517
the person has been convicted of or pleaded guilty to more than 2518
two violations of a statute or ordinance described in division 2519
(C)(1)(b) of this section, the suspension shall be a class A 2520
suspension imposed for the period of time specified in division 2521
(B)(1) of section 4510.02 of the Revised Code. 2522

       (2) The registrar shall terminate a suspension of the 2523
driver's or commercial driver's license or permit of a resident or 2524
of the operating privilege of a nonresident, or a denial of a 2525
driver's or commercial driver's license or permit, imposed 2526
pursuant to division (C)(1) of this section upon receipt of notice 2527
that the person has entered a plea of guilty to, or that the 2528
person has been convicted after entering a plea of no contest to, 2529
operating a vehicle in violation of section 4511.19 of the Revised 2530
Code or in violation of a municipal OVI ordinance, if the offense 2531
for which the conviction is had or the plea is entered arose from 2532
the same incident that led to the suspension or denial. 2533

       The registrar shall credit against any judicial suspension of 2534
a person's driver's or commercial driver's license or permit or 2535
nonresident operating privilege imposed pursuant to section 2536
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 2537
Revised Code for a violation of a municipal OVI ordinance, any 2538
time during which the person serves a related suspension imposed 2539
pursuant to division (C)(1) of this section. 2540

       (D)(1) A suspension of a person's driver's or commercial 2541
driver's license or permit or nonresident operating privilege 2542
under this section for the time described in division (B) or (C) 2543
of this section is effective immediately from the time at which 2544
the arresting officer serves the notice of suspension upon the 2545
arrested person. Any subsequent finding that the person is not 2546
guilty of the charge that resulted in the person being requested 2547
to take the chemical test or tests under division (A) of this 2548
section does not affect the suspension. 2549

       (2) If a person is arrested for operating a vehicle, 2550
streetcar, or trackless trolley in violation of division (A) or 2551
(B) of section 4511.19 of the Revised Code or a municipal OVI 2552
ordinance, or for being in physical control of a vehicle, 2553
streetcar, or trackless trolley in violation of section 4511.194 2554
of the Revised Code or a substantially equivalent municipal 2555
ordinance, regardless of whether the person's driver's or 2556
commercial driver's license or permit or nonresident operating 2557
privilege is or is not suspended under division (B) or (C) of this 2558
section or Chapter 4510. of the Revised Code, the person's initial 2559
appearance on the charge resulting from the arrest shall be held 2560
within five days of the person's arrest or the issuance of the 2561
citation to the person, subject to any continuance granted by the 2562
court pursuant to section 4511.197 of the Revised Code regarding 2563
the issues specified in that division. 2564

       (E) When it finally has been determined under the procedures 2565
of this section and sections 4511.192 to 4511.197 of the Revised 2566
Code that a nonresident's privilege to operate a vehicle within 2567
this state has been suspended, the registrar shall give 2568
information in writing of the action taken to the motor vehicle 2569
administrator of the state of the person's residence and of any 2570
state in which the person has a license. 2571

       (F) At the end of a suspension period under this section, 2572
under section 4511.194, section 4511.196, or division (G) of 2573
section 4511.19 of the Revised Code, or under section 4510.07 of 2574
the Revised Code for a violation of a municipal OVI ordinance and 2575
upon the request of the person whose driver's or commercial 2576
driver's license or permit was suspended and who is not otherwise 2577
subject to suspension, cancellation, or disqualification, the 2578
registrar shall return the driver's or commercial driver's license 2579
or permit to the person upon the occurrence of all of the 2580
conditions specified in divisions (F)(1) and (2) of this section: 2581

       (1) A showing that the person has proof of financial 2582
responsibility, a policy of liability insurance in effect that 2583
meets the minimum standards set forth in section 4509.51 of the 2584
Revised Code, or proof, to the satisfaction of the registrar, that 2585
the person is able to respond in damages in an amount at least 2586
equal to the minimum amounts specified in section 4509.51 of the 2587
Revised Code. 2588

       (2) Subject to the limitation contained in division (F)(3) of 2589
this section, payment by the person to the bureau of motor 2590
vehicles of a license reinstatement fee of four hundred 2591
twenty-five dollars, which fee shall be deposited in the state 2592
treasury and credited as follows: 2593

       (a) One hundred twelve dollars and fifty cents shall be 2594
credited to the statewide treatment and prevention fund created by 2595
section 4301.30 of the Revised Code. The fund shall be used to 2596
pay the costs of driver treatment and intervention programs 2597
operated pursuant to sections 3793.02 and 3793.10 of the Revised 2598
Code. The director of alcohol and drug addiction services shall 2599
determine the share of the fund that is to be allocated to alcohol 2600
and drug addiction programs authorized by section 3793.02 of the 2601
Revised Code, and the share of the fund that is to be allocated to 2602
drivers' intervention programs authorized by section 3793.10 of 2603
the Revised Code. 2604

       (b) Seventy-five dollars shall be credited to the reparations 2605
fund created by section 2743.191 of the Revised Code. 2606

       (c) Thirty-seven dollars and fifty cents shall be credited to 2607
the indigent drivers alcohol treatment fund, which is hereby 2608
established. Except as otherwise provided in division (F)(2)(c) of 2609
this section, moneys in the fund shall be distributed by the 2610
department of alcohol and drug addiction services to the county 2611
indigent drivers alcohol treatment funds, the county juvenile 2612
indigent drivers alcohol treatment funds, and the municipal 2613
indigent drivers alcohol treatment funds that are required to be 2614
established by counties and municipal corporations pursuant to 2615
this section, and shall be used only to pay the cost of an alcohol 2616
and drug addiction treatment program attended by an offender or 2617
juvenile traffic offender who is ordered to attend an alcohol and 2618
drug addiction treatment program by a county, juvenile, or 2619
municipal court judge and who is determined by the county, 2620
juvenile, or municipal court judge not to have the means to pay 2621
for the person's attendance at the program or to pay the costs 2622
specified in division (H)(4) of this section in accordance with 2623
that division. In addition, a county, juvenile, or municipal court 2624
judge may use moneys in the county indigent drivers alcohol 2625
treatment fund, county juvenile indigent drivers alcohol treatment 2626
fund, or municipal indigent drivers alcohol treatment fund to pay 2627
for the cost of the continued use of an electronic continuous 2628
alcohol monitoring device as described in divisions (H)(3) and (4) 2629
of this section. Moneys in the fund that are not distributed to a 2630
county indigent drivers alcohol treatment fund, a county juvenile 2631
indigent drivers alcohol treatment fund, or a municipal indigent 2632
drivers alcohol treatment fund under division (H) of this section 2633
because the director of alcohol and drug addiction services does 2634
not have the information necessary to identify the county or 2635
municipal corporation where the offender or juvenile offender was 2636
arrested may be transferred by the director of budget and 2637
management to the statewide treatment and prevention fund created 2638
by section 4301.30 of the Revised Code, upon certification of the 2639
amount by the director of alcohol and drug addiction services. 2640

       (d) Seventy-five dollars shall be credited to the Ohio 2641
rehabilitation services commission established by section 3304.12 2642
of the Revised Code, to the services for rehabilitation fund, 2643
which is hereby established. The fund shall be used to match 2644
available federal matching funds where appropriate, and for any 2645
other purpose or program of the commission to rehabilitate people 2646
with disabilities to help them become employed and independent. 2647

       (e) Seventy-five dollars shall be deposited into the state 2648
treasury and credited to the drug abuse resistance education 2649
programs fund, which is hereby established, to be used by the 2650
attorney general for the purposes specified in division (F)(4) of 2651
this section. 2652

       (f) Thirty dollars shall be credited to the state bureau of 2653
motor vehicles fund created by section 4501.25 of the Revised 2654
Code. 2655

       (g) Twenty dollars shall be credited to the trauma and 2656
emergency medical services grants fund created by section 4513.263 2657
of the Revised Code. 2658

       (3) If a person's driver's or commercial driver's license or 2659
permit is suspended under this section, under section 4511.196 or 2660
division (G) of section 4511.19 of the Revised Code, under section 2661
4510.07 of the Revised Code for a violation of a municipal OVI 2662
ordinance or under any combination of the suspensions described in 2663
division (F)(3) of this section, and if the suspensions arise from 2664
a single incident or a single set of facts and circumstances, the 2665
person is liable for payment of, and shall be required to pay to 2666
the bureau, only one reinstatement fee of four hundred twenty-five 2667
dollars. The reinstatement fee shall be distributed by the bureau 2668
in accordance with division (F)(2) of this section. 2669

       (4) The attorney general shall use amounts in the drug abuse 2670
resistance education programs fund to award grants to law 2671
enforcement agencies to establish and implement drug abuse 2672
resistance education programs in public schools. Grants awarded to 2673
a law enforcement agency under this section shall be used by the 2674
agency to pay for not more than fifty per cent of the amount of 2675
the salaries of law enforcement officers who conduct drug abuse 2676
resistance education programs in public schools. The attorney 2677
general shall not use more than six per cent of the amounts the 2678
attorney general's office receives under division (F)(2)(e) of 2679
this section to pay the costs it incurs in administering the grant 2680
program established by division (F)(2)(e) of this section and in 2681
providing training and materials relating to drug abuse resistance 2682
education programs. 2683

       The attorney general shall report to the governor and the 2684
general assembly each fiscal year on the progress made in 2685
establishing and implementing drug abuse resistance education 2686
programs. These reports shall include an evaluation of the 2687
effectiveness of these programs. 2688

       (G) Suspension of a commercial driver's license under 2689
division (B) or (C) of this section shall be concurrent with any 2690
period of disqualification under section 3123.611 or 4506.16 of 2691
the Revised Code or any period of suspension under section 3123.58 2692
of the Revised Code. No person who is disqualified for life from 2693
holding a commercial driver's license under section 4506.16 of the 2694
Revised Code shall be issued a driver's license under Chapter 2695
4507. of the Revised Code during the period for which the 2696
commercial driver's license was suspended under division (B) or 2697
(C) of this section. No person whose commercial driver's license 2698
is suspended under division (B) or (C) of this section shall be 2699
issued a driver's license under Chapter 4507. of the Revised Code 2700
during the period of the suspension. 2701

       (H)(1) Each county shall establish an indigent drivers 2702
alcohol treatment fund, each county shall establish a juvenile 2703
indigent drivers alcohol treatment fund, and each municipal 2704
corporation in which there is a municipal court shall establish an 2705
indigent drivers alcohol treatment fund. All revenue that the 2706
general assembly appropriates to the indigent drivers alcohol 2707
treatment fund for transfer to a county indigent drivers alcohol 2708
treatment fund, a county juvenile indigent drivers alcohol 2709
treatment fund, or a municipal indigent drivers alcohol treatment 2710
fund, all portions of fees that are paid under division (F) of 2711
this section and that are credited under that division to the 2712
indigent drivers alcohol treatment fund in the state treasury for 2713
a county indigent drivers alcohol treatment fund, a county 2714
juvenile indigent drivers alcohol treatment fund, or a municipal 2715
indigent drivers alcohol treatment fund, and all portions of fines 2716
that are specified for deposit into a county or municipal indigent 2717
drivers alcohol treatment fund by section 4511.193 of the Revised 2718
Code shall be deposited into that county indigent drivers alcohol 2719
treatment fund, county juvenile indigent drivers alcohol treatment 2720
fund, or municipal indigent drivers alcohol treatment fund in 2721
accordance with division (H)(2) of this section. Additionally, all 2722
portions of fines that are paid for a violation of section 4511.19 2723
of the Revised Code or of any prohibition contained in Chapter 2724
4510. of the Revised Code, and that are required under section 2725
4511.19 or any provision of Chapter 4510. of the Revised Code to 2726
be deposited into a county indigent drivers alcohol treatment fund 2727
or municipal indigent drivers alcohol treatment fund shall be 2728
deposited into the appropriate fund in accordance with the 2729
applicable division. 2730

       (2) That portion of the license reinstatement fee that is 2731
paid under division (F) of this section and that is credited under 2732
that division to the indigent drivers alcohol treatment fund shall 2733
be deposited into a county indigent drivers alcohol treatment 2734
fund, a county juvenile indigent drivers alcohol treatment fund, 2735
or a municipal indigent drivers alcohol treatment fund as follows: 2736

       (a) If the suspension in question was imposed under this 2737
section, that portion of the fee shall be deposited as follows: 2738

       (i) If the fee is paid by a person who was charged in a 2739
county court with the violation that resulted in the suspension, 2740
the portion shall be deposited into the county indigent drivers 2741
alcohol treatment fund under the control of that court; 2742

       (ii) If the fee is paid by a person who was charged in a 2743
juvenile court with the violation that resulted in the suspension, 2744
the portion shall be deposited into the county juvenile indigent 2745
drivers alcohol treatment fund established in the county served by 2746
the court; 2747

       (iii) If the fee is paid by a person who was charged in a 2748
municipal court with the violation that resulted in the 2749
suspension, the portion shall be deposited into the municipal 2750
indigent drivers alcohol treatment fund under the control of that 2751
court. 2752

       (b) If the suspension in question was imposed under section 2753
4511.19 of the Revised Code or under section 4510.07 of the 2754
Revised Code for a violation of a municipal OVI ordinance, that 2755
portion of the fee shall be deposited as follows: 2756

       (i) If the fee is paid by a person whose license or permit 2757
was suspended by a county court, the portion shall be deposited 2758
into the county indigent drivers alcohol treatment fund under the 2759
control of that court; 2760

       (ii) If the fee is paid by a person whose license or permit 2761
was suspended by a municipal court, the portion shall be deposited 2762
into the municipal indigent drivers alcohol treatment fund under 2763
the control of that court. 2764

       (3) Expenditures from a county indigent drivers alcohol 2765
treatment fund, a county juvenile indigent drivers alcohol 2766
treatment fund, or a municipal indigent drivers alcohol treatment 2767
fund shall be made only upon the order of a county, juvenile, or 2768
municipal court judge and only for payment of the cost of the 2769
attendance at an alcohol and drug addiction treatment program of a 2770
person who is convicted of, or found to be a juvenile traffic 2771
offender by reason of, a violation of division (A) of section 2772
4511.19 of the Revised Code or a substantially similar municipal 2773
ordinance, who is ordered by the court to attend the alcohol and 2774
drug addiction treatment program, and who is determined by the 2775
court to be unable to pay the cost of attendance at the treatment 2776
program or for payment of the costs specified in division (H)(4) 2777
of this section in accordance with that division. The alcohol and 2778
drug addiction services board or the board of alcohol, drug 2779
addiction, and mental health services established pursuant to 2780
section 340.02 or 340.021 of the Revised Code and serving the 2781
alcohol, drug addiction, and mental health service district in 2782
which the court is located shall administer the indigent drivers 2783
alcohol treatment program of the court. When a court orders an 2784
offender or juvenile traffic offender to attend an alcohol and 2785
drug addiction treatment program, the board shall determine which 2786
program is suitable to meet the needs of the offender or juvenile 2787
traffic offender, and when a suitable program is located and space 2788
is available at the program, the offender or juvenile traffic 2789
offender shall attend the program designated by the board. A 2790
reasonable amount not to exceed five per cent of the amounts 2791
credited to and deposited into the county indigent drivers alcohol 2792
treatment fund, the county juvenile indigent drivers alcohol 2793
treatment fund, or the municipal indigent drivers alcohol 2794
treatment fund serving every court whose program is administered 2795
by that board shall be paid to the board to cover the costs it 2796
incurs in administering those indigent drivers alcohol treatment 2797
programs. 2798

       In addition, a county, juvenile, or municipal court judge may 2799
use moneys in the county indigent drivers alcohol treatment fund, 2800
county juvenile indigent drivers alcohol treatment fund, or 2801
municipal indigent drivers alcohol treatment fund to pay for the 2802
continued use of an electronic continuous alcohol monitoring 2803
device by an offender or juvenile traffic offender, in conjunction 2804
with a treatment program approved by the department of alcohol and 2805
drug addiction services, when such use is determined clinically 2806
necessary by the treatment program and when the court determines 2807
that the offender or juvenile traffic offender is unable to pay 2808
all or part of the daily monitoring of the device. 2809

       (4) If a county, juvenile, or municipal court determines, in 2810
consultation with the alcohol and drug addiction services board or 2811
the board of alcohol, drug addiction, and mental health services 2812
established pursuant to section 340.02 or 340.021 of the Revised 2813
Code and serving the alcohol, drug addiction, and mental health 2814
district in which the court is located, that the funds in the 2815
county indigent drivers alcohol treatment fund, the county 2816
juvenile indigent drivers alcohol treatment fund, or the municipal 2817
indigent drivers alcohol treatment fund under the control of the 2818
court are more than sufficient to satisfy the purpose for which 2819
the fund was established, as specified in divisions (H)(1) to (3) 2820
of this section, the court may declare a surplus in the fund. If 2821
the court declares a surplus in the fund, the court may expend the 2822
amount of the surplus in the fund for: 2823

       (a) Alcohol and drug abuse assessment and treatment of 2824
persons who are charged in the court with committing a criminal 2825
offense or with being a delinquent child or juvenile traffic 2826
offender and in relation to whom both of the following apply: 2827

       (i) The court determines that substance abuse was a 2828
contributing factor leading to the criminal or delinquent activity 2829
or the juvenile traffic offense with which the person is charged. 2830

       (ii) The court determines that the person is unable to pay 2831
the cost of the alcohol and drug abuse assessment and treatment 2832
for which the surplus money will be used. 2833

       (b) All or part of the cost of purchasing electronic 2834
continuous alcohol monitoring devices to be used in conjunction 2835
with division (H)(3) of this section. 2836

       Sec. 4511.192. (A) ~~The~~Except as provided in division (A)(5) 2837
of section 4511.191 of the Revised Code, the arresting law 2838
enforcement officer shall give advice in accordance with this 2839
section to any person under arrest for a violation of division (A) 2840
or (B) of section 4511.19 of the Revised Code, section 4511.194 of 2841
the Revised Code or a substantially equivalent municipal 2842
ordinance, or a municipal OVI ordinance. The officer shall give 2843
that advice in a written form that contains the information 2844
described in division (B) of this section and shall read the 2845
advice to the person. The form shall contain a statement that the 2846
form was shown to the person under arrest and read to the person 2847
by the arresting officer. One or more persons shall witness the 2848
arresting officer's reading of the form, and the witnesses shall 2849
certify to this fact by signing the form. The person must submit 2850
to the chemical test or tests, subsequent to the request of the 2851
arresting officer, within two hours of the time of the alleged 2852
violation and, if the person does not submit to the test or tests 2853
within that two-hour time limit, the failure to submit 2854
automatically constitutes a refusal to submit to the test or 2855
tests. 2856

       (B) IfExcept as provided in division (A)(5) of section 2857
4511.191 of the Revised Code, if a person is under arrest as 2858
described in division (A) of this section, before the person may 2859
be requested to submit to a chemical test or tests to determine 2860
the alcohol, drug of abuse, controlled substance, metabolite of a 2861
controlled substance, or combination content of the person's whole 2862
blood, blood serum or plasma, breath, or urine, the arresting 2863
officer shall read the following form to the person: 2864

       "You now are under arrest for (specifically state the offense 2865
under state law or a substantially equivalent municipal ordinance 2866
for which the person was arrested - operating a vehicle under the 2867
influence of alcohol, a drug, or a combination of them; operating 2868
a vehicle while under the influence of a listed controlled 2869
substance or a listed metabolite of a controlled substance; 2870
operating a vehicle after underage alcohol consumption; or having 2871
physical control of a vehicle while under the influence). 2872

       If you refuse to take any chemical test required by law, your 2873
Ohio driving privileges will be suspended immediately, and you 2874
will have to pay a fee to have the privileges reinstated. If you 2875
have a prior conviction of OVI, OVUAC, or operating a vehicle 2876
while under the influence of a listed controlled substance or a 2877
listed metabolite of a controlled substance under state or 2878
municipal law within the preceding twenty years, you now are under 2879
arrest for state OVI, and, if you refuse to take a chemical test, 2880
you will face increased penalties if you subsequently are 2881
convicted of the state OVI. 2882

       (Read this part unless the person is under arrest for solely 2883
having physical control of a vehicle while under the influence.) 2884
If you take any chemical test required by law and are found to be 2885
at or over the prohibited amount of alcohol, a controlled 2886
substance, or a metabolite of a controlled substance in your whole 2887
blood, blood serum or plasma, breath, or urine as set by law, your 2888
Ohio driving privileges will be suspended immediately, and you 2889
will have to pay a fee to have the privileges reinstated. 2890

       If you take a chemical test, you may have an independent 2891
chemical test taken at your own expense." 2892

       (C) If the arresting law enforcement officer does not ask a 2893
person under arrest as described in division (A) of this section 2894
or division (A)(5) of section 4511.191 of the Revised Code to 2895
submit to a chemical test or tests under section 4511.191 of the 2896
Revised Code, the arresting officer shall seize the Ohio or 2897
out-of-state driver's or commercial driver's license or permit of 2898
the person and immediately forward it to the court in which the 2899
arrested person is to appear on the charge. If the arrested person 2900
is not in possession of the person's license or permit or it is 2901
not in the person's vehicle, the officer shall order the person to 2902
surrender it to the law enforcement agency that employs the 2903
officer within twenty-four hours after the arrest, and, upon the 2904
surrender, the agency immediately shall forward the license or 2905
permit to the court in which the person is to appear on the 2906
charge. Upon receipt of the license or permit, the court shall 2907
retain it pending the arrested person's initial appearance and any 2908
action taken under section 4511.196 of the Revised Code. 2909

       (D)(1) If a law enforcement officer asks a person under 2910
arrest as described in division (A)(5) of section 4511.191 of the 2911
Revised Code to submit to a chemical test or tests under that 2912
section and the test results indicate a prohibited concentration 2913
of alcohol, a controlled substance, or a metabolite of a 2914
controlled substance in the person's whole blood, blood serum or 2915
plasma, breath, or urine at the time of the alleged offense, or if 2916
a law enforcement officer asks a person under arrest as described 2917
in division (A) of this section to submit to a chemical test or 2918
tests under section 4511.191 of the Revised Code, if the officer 2919
advises the person in accordance with this section of the 2920
consequences of the person's refusal or submission, and if either 2921
the person refuses to submit to the test or tests or, unless the 2922
arrest was for a violation of section 4511.194 of the Revised Code 2923
or a substantially equivalent municipal ordinance, the person 2924
submits to the test or tests and the test results indicate a 2925
prohibited concentration of alcohol, a controlled substance, or a 2926
metabolite of a controlled substance in the person's whole blood, 2927
blood serum or plasma, breath, or urine at the time of the alleged 2928
offense, the arresting officer shall do all of the following: 2929

       (a) On behalf of the registrar of motor vehicles, notify the 2930
person that, independent of any penalties or sanctions imposed 2931
upon the person, the person's Ohio driver's or commercial driver's 2932
license or permit or nonresident operating privilege is suspended 2933
immediately, that the suspension will last at least until the 2934
person's initial appearance on the charge, which will be held 2935
within five days after the date of the person's arrest or the 2936
issuance of a citation to the person, and that the person may 2937
appeal the suspension at the initial appearance or during the 2938
period of time ending thirty days after that initial appearance; 2939

       (b) Seize the driver's or commercial driver's license or 2940
permit of the person and immediately forward it to the registrar. 2941
If the arrested person is not in possession of the person's 2942
license or permit or it is not in the person's vehicle, the 2943
officer shall order the person to surrender it to the law 2944
enforcement agency that employs the officer within twenty-four 2945
hours after the person is given notice of the suspension, and, 2946
upon the surrender, the officer's employing agency immediately 2947
shall forward the license or permit to the registrar. 2948

       (c) Verify the person's current residence and, if it differs 2949
from that on the person's driver's or commercial driver's license 2950
or permit, notify the registrar of the change; 2951

       (d) Send to the registrar, within forty-eight hours after the 2952
arrest of the person, a sworn report that includes all of the 2953
following statements: 2954

       (i) That the officer had reasonable grounds to believe that, 2955
at the time of the arrest, the arrested person was operating a 2956
vehicle, streetcar, or trackless trolley in violation of division 2957
(A) or (B) of section 4511.19 of the Revised Code or a municipal 2958
OVI ordinance or for being in physical control of a stationary 2959
vehicle, streetcar, or trackless trolley in violation of section 2960
4511.194 of the Revised Code or a substantially equivalent 2961
municipal ordinance; 2962

       (ii) That the person was arrested and charged with a 2963
violation of division (A) or (B) of section 4511.19 of the Revised 2964
Code, section 4511.194 of the Revised Code or a substantially 2965
equivalent municipal ordinance, or a municipal OVI ordinance; 2966

       (iii) ~~That~~Unless division (D)(1)(d)(v) of this section 2967
applies, that the officer asked the person to take the designated 2968
chemical test or tests, advised the person in accordance with this 2969
section of the consequences of submitting to, or refusing to take, 2970
the test or tests, and gave the person the form described in 2971
division (B) of this section; 2972

       (iv) ~~That~~Unless division (D)(1)(d)(v) of this section 2973
applies, that either the person refused to submit to the chemical 2974
test or tests or, unless the arrest was for a violation of section 2975
4511.194 of the Revised Code or a substantially equivalent 2976
municipal ordinance, the person submitted to the chemical test or 2977
tests and the test results indicate a prohibited concentration of 2978
alcohol, a controlled substance, or a metabolite of a controlled 2979
substance in the person's whole blood, blood serum or plasma, 2980
breath, or urine at the time of the alleged offense; 2981

       (v) If the person was under arrest as described in division 2982
(A)(5) of section 4511.191 of the Revised Code and the chemical 2983
test or tests were performed in accordance with that division, 2984
that the person was under arrest as described in that division, 2985
that the chemical test or tests were performed in accordance with 2986
that division, and that test results indicated a prohibited 2987
concentration of alcohol, a controlled substance, or a metabolite 2988
of a controlled substance in the person's whole blood, blood serum 2989
or plasma, breath, or urine at the time of the alleged offense. 2990

       (2) Division (D)(1) of this section does not apply to a 2991
person who is arrested for a violation of section 4511.194 of the 2992
Revised Code or a substantially equivalent municipal ordinance, 2993
who is asked by a law enforcement officer to submit to a chemical 2994
test or tests under section 4511.191 of the Revised Code, and who 2995
submits to the test or tests, regardless of the amount of alcohol, 2996
a controlled substance, or a metabolite of a controlled substance 2997
that the test results indicate is present in the person's whole 2998
blood, blood serum or plasma, breath, or urine. 2999

       (E) The arresting officer shall give the officer's sworn 3000
report that is completed under this section to the arrested person 3001
at the time of the arrest, or the registrar of motor vehicles 3002
shall send the report to the person by regular first class mail as 3003
soon as possible after receipt of the report, but not later than 3004
fourteen days after receipt of it. An arresting officer may give 3005
an unsworn report to the arrested person at the time of the arrest 3006
provided the report is complete when given to the arrested person 3007
and subsequently is sworn to by the arresting officer. As soon as 3008
possible, but not later than forty-eight hours after the arrest of 3009
the person, the arresting officer shall send a copy of the sworn 3010
report to the court in which the arrested person is to appear on 3011
the charge for which the person was arrested. 3012

       (F) The sworn report of an arresting officer completed under 3013
this section is prima-facie proof of the information and 3014
statements that it contains. It shall be admitted and considered 3015
as prima-facie proof of the information and statements that it 3016
contains in any appeal under section 4511.197 of the Revised Code 3017
relative to any suspension of a person's driver's or commercial 3018
driver's license or permit or nonresident operating privilege that 3019
results from the arrest covered by the report. 3020

       Sec. 4511.193. (A) Twenty-five dollars of any fine imposed 3021
for a violation of a municipal OVI ordinance shall be deposited 3022
into the municipal or county indigent drivers alcohol treatment 3023
fund created pursuant to division (H) of section 4511.191 of the 3024
Revised Code in accordance with this section and section 733.40, 3025
divisions (A) and (B) of section 1901.024, division (F) of section 3026
1901.31, or division (C) of section 1907.20 of the Revised Code. 3027
Regardless of whether the fine is imposed by a municipal court, a 3028
mayor's court, or a juvenile court, if the fine was imposed for a 3029
violation of an ordinance of a municipal corporation that is 3030
within the jurisdiction of a municipal court, the twenty-five 3031
dollars that is subject to this section shall be deposited into 3032
the indigent drivers alcohol treatment fund of the municipal 3033
corporation in which is located the municipal court that has 3034
jurisdiction over that municipal corporation. Regardless of 3035
whether the fine is imposed by a county court, a mayor's court, or 3036
a juvenile court, if the fine was imposed for a violation of an 3037
ordinance of a municipal corporation that is within the 3038
jurisdiction of a county court, the twenty-five dollars that is 3039
subject to this section shall be deposited into the indigent 3040
drivers alcohol treatment fund of the county in which is located 3041
the county court that has jurisdiction over that municipal 3042
corporation. The deposit shall be made in accordance with section 3043
733.40, divisions (A) and (B) of section 1901.024, division (F) of 3044
section 1901.31, or division (C) of section 1907.20 of the Revised 3045
Code. 3046

       (B)(1) The requirements and sanctions imposed by divisions 3047
(B)(1) and (2) of this section are an adjunct to and derive from 3048
the state's exclusive authority over the registration and titling 3049
of motor vehicles and do not comprise a part of the criminal 3050
sentence to be imposed upon a person who violates a municipal OVI 3051
ordinance. 3052

       (2) If a person is convicted of or pleads guilty to a 3053
violation of a municipal OVI ordinance, if the vehicle the 3054
offender was operating at the time of the offense is registered in 3055
the offender's name, and if, within six years of the current 3056
offense, the offender has been convicted of or pleaded guilty to 3057
one or more violations of division (A) or (B) of section 4511.19 3058
of the Revised Code or one or more other equivalent offenses, the 3059
court, in addition to and independent of any sentence that it 3060
imposes upon the offender for the offense, shall do whichever of 3061
the following is applicable: 3062

       (a) Except as otherwise provided in division (B)(2)(b) of 3063
this section, if, within six years of the current offense, the 3064
offender has been convicted of or pleaded guilty to one violation 3065
described in division (B)(2) of this section, the court shall 3066
order the immobilization for ~~ninety days~~one year of that vehicle 3067
and the impoundment for ~~ninety days~~one year of the license plates 3068
of that vehicle. In addition, the court shall order the 3069
immobilization for one year of all other motor vehicles owned by 3070
or registered in the name of the offender and the impoundment for 3071
one year of the license plates of all such vehicles. If the 3072
vehicle the offender was operating at the time of the offense is 3073
not registered in the offender's name, the court shall order the 3074
immobilization for one year of all motor vehicles owned by or 3075
registered in the name of the offender and the impoundment for one 3076
year of the license plates of all such vehicles. The order for the 3077
immobilization and impoundment shall be issued and enforced in 3078
accordance with section 4503.233 of the Revised Code. 3079

       (b) If, within six years of the current offense, the offender 3080
has been convicted of or pleaded guilty to two or more violations 3081
described in division (B)(2) of this section, or if the offender 3082
previously has been convicted of or pleaded guilty to a violation 3083
of division (A) of section 4511.19 of the Revised Code under 3084
circumstances in which the violation was a felony and regardless 3085
of when the violation and the conviction or guilty plea occurred, 3086
the court shall order the criminal forfeiture to the state of that 3087
vehicle. The order of criminal forfeiture shall be issued and 3088
enforced in accordance with section 4503.234 of the Revised Code. 3089

       If the vehicle the offender was operating at the time of the 3090
offense is not registered in the offender's name, the court shall 3091
order the immobilization for one year of all motor vehicles owned 3092
by or registered in the name of the offender and the impoundment 3093
for one year of the license plates of all such vehicles. 3094

       Sec. 4511.198. (A) If a court grants bail to a person who is 3095
described in division (B) of this section and who is alleged to 3096
have committed a violation of division (A) of section 4511.19 of 3097
the Revised Code or of a substantially equivalent municipal 3098
ordinance, the court as a condition of bail shall prohibit the 3099
person from consuming any beer or intoxicating liquor and shall 3100
require the person to wear a monitor that provides continuous 3101
alcohol monitoring that is remote. The court shall require the 3102
person to wear the monitor until the person is convicted of, 3103
pleads guilty to, or is found not guilty of the alleged violation 3104
or the charges in the case are dismissed. Any consumption by the 3105
person of beer or intoxicating liquor prior to that time is 3106
grounds for revocation by the court of the person's bail. The 3107
person shall pay all costs associated with the monitor, including 3108
the cost of remote monitoring. 3109

       (B) This section applies to the following persons: 3110

       (1) A person who is alleged to have committed a violation of 3111
division (A) of section 4511.19 of the Revised Code and who, if 3112
convicted of the alleged violation, is required to be sentenced 3113
under division (G)(1)(b), (c), (d), or (e) of section 4511.19 of 3114
the Revised Code; 3115

       (2) A person who is alleged to have committed a violation of 3116
a municipal ordinance that is substantially equivalent to division 3117
(A) of section 4511.19 of the Revised Code and who, if the law 3118
enforcement officer who arrested and charged the person with the 3119
violation of the municipal ordinance instead had charged the 3120
person with a violation of division (A) of section 4511.19 of the 3121
Revised Code, would be required to be sentenced under division 3122
(G)(1)(b), (c), (d), or (e) of section 4511.19 of the Revised 3123
Code. 3124

       Sec. 4511.199. A law enforcement officer who arrests a 3125
person for a violation of division (A) or (B) of section 4511.19 3126
of the Revised Code, section 4511.194 of the Revised Code or a 3127
substantially equivalent municipal ordinance, a municipal OVI 3128
violation, or an equivalent offense shall send to the department 3129
of public safety, within forty-eight hours after the arrest of the 3130
person, a sworn report in accordance with section 5502.10 of the 3131
Revised Code. 3132

       Sec. 4511.203. (A) No person shall permit a motor vehicle 3133
owned by the person or under the person's control to be driven by 3134
another if any of the following apply: 3135

       (1) The ~~offender knows or has reasonable cause to believe~~ 3136
~~that the~~ other person does not have a valid driver's or commercial 3137
driver's license or permit or valid nonresident driving 3138
privileges. 3139

       (2) The ~~offender knows or has reasonable cause to believe~~ 3140
~~that the~~ other person's driver's or commercial driver's license or 3141
permit or nonresident operating privileges have been suspended or 3142
canceled under Chapter 4510. or any other provision of the Revised 3143
Code. 3144

       (3) The ~~offender knows or has reasonable cause to believe~~ 3145
~~that the~~ other person's act of driving the motor vehicle would 3146
violate any prohibition contained in Chapter 4509. of the Revised 3147
Code. 3148

       (4) The ~~offender knows or has reasonable cause to believe~~ 3149
~~that the~~ other person's act of driving would violate section 3150
4511.19 of the Revised Code or any substantially equivalent 3151
municipal ordinance. 3152

       (B) ~~Without limiting or precluding the consideration of any~~ 3153
~~other evidence in determining whether a violation of division~~ 3154
~~(A)(1), (2), (3), or (4) of this section has occurred, it shall be~~ 3155
~~prima-facie evidence that the offender knows or has reasonable~~ 3156
~~cause to believe that the operator of the motor vehicle owned by~~ 3157
~~the offender or under the offender's control is in a category~~ 3158
~~described in division (A)(1), (2), (3), or (4) of this section if~~ 3159
~~any of the following applies:~~ 3160

       ~~(1) Regarding an operator allegedly in the category described~~ 3161
~~in division (A)(1) or (3) of this section, the offender and the~~ 3162
~~operator of the motor vehicle reside in the same household and are~~ 3163
~~related by consanguinity or affinity.~~ 3164

       ~~(2) Regarding an operator allegedly in the category described~~ 3165
~~in division (A)(2) of this section, the offender and the operator~~ 3166
~~of the motor vehicle reside in the same household, and the~~ 3167
~~offender knows or has reasonable cause to believe that the~~ 3168
~~operator has been charged with or convicted of any violation of~~ 3169
~~law or ordinance, or has committed any other act or omission, that~~ 3170
~~would or could result in the suspension or cancellation of the~~ 3171
~~operator's license, permit, or privilege.~~ 3172

       ~~(3) Regarding an operator allegedly in the category described~~ 3173
~~in division (A)(4) of this section, the offender and the operator~~ 3174
~~of the motor vehicle occupied the motor vehicle together at the~~ 3175
~~time of the offense~~(1) It is an affirmative defense to a charge 3176
under this section that, at the time that the person charged 3177
permitted the motor vehicle to be driven by the other person, the 3178
person charged did not have knowledge, after reasonably diligent 3179
inquiry, of any of the facts specified in division (A)(1), (2), 3180
(3), or (4) of this section regarding the other person that, if 3181
known, would have made entrustment of the motor vehicle to the 3182
other person an offense under this section. 3183

        (2) It is the intent of the general assembly that wrongful 3184
entrustment of a motor vehicle is a strict liability offense. 3185

       (C) Whoever violates this section is guilty of wrongful 3186
entrustment of a motor vehicle, a misdemeanor of the first degree. 3187
In addition to the penalties imposed under Chapter 2929. of the 3188
Revised Code, the court shall impose a class seven suspension of 3189
the offender's driver's license, commercial driver's license, 3190
temporary instruction permit, probationary license, or nonresident 3191
operating privilege from the range specified in division (A)(7) of 3192
section 4510.02 of the Revised Code, and, if the vehicle involved 3193
in the offense is registered in the name of the offender, the 3194
court shall order one of the following: 3195

       (1) Except as otherwise provided in division (C)(2) or (3) of 3196
this section, the court shall order, for thirty days, the 3197
immobilization of the vehicle involved in the offense and the 3198
impoundment of that vehicle's license plates. The order shall be 3199
issued and enforced under section 4503.233 of the Revised Code. 3200

       (2) If the offender previously has been convicted of or 3201
pleaded guilty to one violation of this section or a substantially 3202
equivalent municipal ordinance, the court shall order, for sixty 3203
days, the immobilization of the vehicle involved in the offense 3204
and the impoundment of that vehicle's license plates. The order 3205
shall be issued and enforced under section 4503.233 of the Revised 3206
Code. 3207

       (3) If the offender previously has been convicted of or 3208
pleaded guilty to two or more violations of this section or a 3209
substantially equivalent municipal ordinance, the court shall 3210
order the criminal forfeiture to the state of the vehicle involved 3211
in the offense. The order shall be issued and enforced under 3212
section 4503.234 of the Revised Code. 3213

       If title to a motor vehicle that is subject to an order for 3214
criminal forfeiture under this division is assigned or transferred 3215
and division (B)(2) or (3) of section 4503.234 of the Revised Code 3216
applies, in addition to or independent of any other penalty 3217
established by law, the court may fine the offender the value of 3218
the vehicle as determined by publications of the national auto 3219
dealer's association. The proceeds from any fine imposed under 3220
this division shall be distributed in accordance with division 3221
(C)(2) of section 4503.234 of the Revised Code. 3222

       (D) If a court orders the immobilization of a vehicle under 3223
division (C) of this section, the court shall not release the 3224
vehicle from the immobilization before the termination of the 3225
period of immobilization ordered unless the court is presented 3226
with current proof of financial responsibility with respect to 3227
that vehicle. 3228

       (E) If a court orders the criminal forfeiture of a vehicle 3229
under division (C) of this section, upon receipt of the order from 3230
the court, neither the registrar of motor vehicles nor any deputy 3231
registrar shall accept any application for the registration or 3232
transfer of registration of any motor vehicle owned or leased by 3233
the person named in the order. The period of denial shall be five 3234
years after the date the order is issued, unless, during that 3235
five-year period, the court with jurisdiction of the offense that 3236
resulted in the order terminates the forfeiture and notifies the 3237
registrar of the termination. If the court terminates the 3238
forfeiture and notifies the registrar, the registrar shall take 3239
all necessary measures to permit the person to register a vehicle 3240
owned or leased by the person or to transfer the registration of 3241
the vehicle. 3242

       (F) This section does not apply to motor vehicle rental 3243
dealers or motor vehicle leasing dealers, as defined in section 3244
4549.65 of the Revised Code. 3245

       (G) Evidence of a conviction of, plea of guilty to, or 3246
adjudication as a delinquent child for a violation of this section 3247
or a substantially similar municipal ordinance shall not be 3248
admissible as evidence in any civil action that involves the 3249
offender or delinquent child who is the subject of the conviction, 3250
plea, or adjudication and that arises from the wrongful 3251
entrustment of a motor vehicle. 3252

       ~~(H) As used in~~For purposes of this section, a vehicle is 3253
owned by a person if, at the time of a violation of this section, 3254
the vehicle is registered in the person's name. 3255

       Sec. 5502.10. (A) The department of public safety, not later 3256
than ninety days after the effective date of this section, shall 3257
do all of the following: 3258

       (1) Establish and maintain a state registry, named "Ohio's 3259
habitual OVI/OMWI arrestees," that contains all of the information 3260
specified in divisions (A)(1)(a) and (b) of this section regarding 3261
each person who within the preceding twenty years has been 3262
arrested in this state five or more times for an OVI/OMWI 3263
violation. The state registry is a public record open for 3264
inspection under section 149.43 of the Revised Code. The 3265
department shall obtain the information to be included in the 3266
state registry from the reports provided by law enforcement 3267
officers pursuant to division (B) of this section. The state 3268
registry of Ohio's habitual OVI/OMWI arrestees shall include at 3269
least the following information regarding each person who, within 3270
the preceding twenty years has been arrested in this state five or 3271
more times for an OVI/OMWI violation: 3272

       (a) The person's name, date of birth, and residence address, 3273
including, but not limited to, the street address, municipal 3274
corporation or township, county, and zip code of the person's 3275
place of residence; 3276

       (b) The number of times within the preceding twenty years 3277
that the person has been arrested in this state for an OVI/OMWI 3278
violation and for each of those arrests the date and location of 3279
the arrest, the law enforcement agency served by the law 3280
enforcement officer who made the arrest, the reason the law 3281
enforcement officer who made the arrest initially stopped the 3282
person, whether the person was asked to take a chemical test or 3283
tests of the person's whole blood, blood serum or plasma, breath, 3284
or urine, whether the person, if asked to take a test or tests, 3285
submitted to the test or tests or refused to submit to the test or 3286
tests, and the results of the test or tests if the person 3287
submitted to a test or tests. 3288

       (2) Establish and operate on the internet a database that 3289
contains for each person who within the preceding twenty years has 3290
been arrested in this state five or more times for an OVI/OMWI 3291
violation all of the information regarding the person that is 3292
included in the state registry of Ohio's habitual OVI/OMWI 3293
arrestees that is established and maintained under division (A)(1) 3294
of this section. The database is a public record open for 3295
inspection under section 149.43 of the Revised Code, and it shall 3296
be searchable by a person's name, by county, and by zip code. 3297

       (B) A law enforcement officer who arrests a person for an 3298
OVI/OMWI violation shall send to the department of public safety, 3299
within forty-eight hours after the arrest of the person, a sworn 3300
report that includes all of the following statements and 3301
information regarding the arrested person and the arrest: 3302

       (1) The arrested person's name, date of birth, and residence 3303
address, including, but not limited to, the street address, 3304
municipal corporation or township, county, and zip code of the 3305
person's place of residence; 3306

       (2) The date and location of the arrest the officer made, the 3307
offense for which the person was arrested, the law enforcement 3308
agency served by the officer, and the reason the officer initially 3309
stopped the person; 3310

       (3) A statement that the officer had reasonable grounds to 3311
believe that at the time of the arrest the arrested person was 3312
committing an OVI/OMWI violation; 3313

       (4) A statement that the arrested person was arrested and 3314
charged with an OVI/OMWI violation; 3315

       (5) Statements as to whether the officer asked the arrested 3316
person to take a designated chemical test or tests of the person's 3317
whole blood, blood serum or plasma, breath, or urine in accordance 3318
with sections 1547.11 and 1547.111, or sections 4511.19 and 3319
4511.191, of the Revised Code, whether the arrested person, if 3320
asked to take a test or tests, submitted to the test or tests or 3321
refused to submit to the test or tests, and the results of the 3322
test or tests if the arrested person was asked to take a test or 3323
tests and submitted to the test or tests; 3324

       (6) For each previous arrest of the person for an OVI/OMWI 3325
violation that the officer is able to determine was made and that 3326
was made within the preceding twenty years, information of the 3327
type described in divisions (B)(1), (2), and (4) of this section 3328
and, if the officer submitting the report is able to determine the 3329
information, information as to whether the law enforcement officer 3330
who made the arrest in each of those cases asked the arrested 3331
person to take a designated chemical test or tests of the person's 3332
whole blood, blood serum or plasma, breath, or urine in accordance 3333
with sections 1547.11 and 1547.111, or sections 4511.19 and 3334
4511.191, of the Revised Code, whether the arrested person, if 3335
asked to take a test or tests, submitted to the test or tests or 3336
refused to submit to the test or tests, and the results of the 3337
test or tests if the arrested person was asked to take a test or 3338
tests and submitted to the test or tests. 3339

       (C) The department of public safety shall update the state 3340
registry of Ohio's habitual OVI/OMWI arrestees required under 3341
division (A)(1) of this section and the database required under 3342
division (A)(2) of this section every month to ensure that the 3343
information they contain is accurate and current. At the time of 3344
each update, the department shall review all records it has 3345
received under division (B) of this section for the preceding 3346
twenty years regarding each person who has been arrested for 3347
committing OVI/OMWI violations and for whom the department has 3348
records to determine whether the person should, or should not, be 3349
subject to inclusion in the state registry and database. 3350

       (D) As used in this section: 3351

       (1) "Equivalent offense" and "municipal OVI ordinance" have 3352
the same meanings as in section 4511.181 of the Revised Code. 3353

       (2) "OVI/OMWI violation" means any of the following: 3354

       (a) A violation of division (A) or (B) of section 4511.19 of 3355
the Revised Code or a violation of a municipal OVI ordinance; 3356

       (b) A violation of section 4511.194 of the Revised Code or a 3357
substantially equivalent municipal ordinance; 3358

       (c) A violation of division (A) or (B) of section 1547.11 of 3359
the Revised Code or a violation of a municipal ordinance, law of 3360
another state, or law of the United States that is substantially 3361
equivalent to division (A) or (B) of section 1547.11 of the 3362
Revised Code; 3363

       (d) Any equivalent offense not listed in divisions (D)(2)(a) 3364
to (c) of this section. 3365

       Section 2. That existing sections 1547.11, 1547.111, 1547.99, 3366
4507.164, 4510.13, 4510.43, 4511.181, 4511.19, 4511.191, 4511.192, 3367
4511.193, and 4511.203 of the Revised Code are hereby repealed. 3368

       Section 3. Sections 1 and 2 of this act shall take effect on 3369
July 1, 2007, or at the earliest time permitted by law, whichever 3370
is later. 3371

Section 1. That sections 1547.11, 1547.111, 1547.99,	44
4507.164, 4510.13, 4510.43, 4511.181, 4511.19, 4511.191, 4511.192,	45
4511.193, and 4511.203 be amended and sections 1547.112, 4511.198,	46
4511.199, and 5502.10 of the Revised Code be enacted to read as	47
follows:	48

Sec. 1547.11. (A) No person shall operate or be in physical	49
control of any vessel underway or shall manipulate any water skis,	50
aquaplane, or similar device on the waters in this state if, at	51
the time of the operation, control, or manipulation, any of the	52
following applies:	53

(1) The person is under the influence of alcohol, a drug of	54
abuse, or a combination of them.	55

(2) The person has a concentration of eight-hundredths of one	56
per cent or more by weight of alcohol per unit volume in the	57
person's whole blood.	58

(3) The person has a concentration of ninety-six-thousandths	59
of one per cent or more by weight per unit volume of alcohol in	60
the person's blood serum or plasma.	61

(4) The person has a concentration of eleven-hundredths of	62
one gram or more by weight of alcohol per one hundred milliliters	63
of the person's urine.	64

(5) The person has a concentration of eight-hundredths of one	65
gram or more by weight of alcohol per two hundred ten liters of	66
the person's breath.	67

(6) Except as provided in division (H) of this section, the	68
person has a concentration of any of the following controlled	69
substances or metabolites of a controlled substance in the	70
person's whole blood, blood serum or plasma, or urine that equals	71
or exceeds any of the following:	72

(a) The person has a concentration of amphetamine in the	73
person's urine of at least five hundred nanograms of amphetamine	74
per milliliter of the person's urine or has a concentration of	75
amphetamine in the person's whole blood or blood serum or plasma	76
of at least one hundred nanograms of amphetamine per milliliter of	77
the person's whole blood or blood serum or plasma.	78

(b) The person has a concentration of cocaine in the person's	79
urine of at least one hundred fifty nanograms of cocaine per	80
milliliter of the person's urine or has a concentration of cocaine	81
in the person's whole blood or blood serum or plasma of at least	82
fifty nanograms of cocaine per milliliter of the person's whole	83
blood or blood serum or plasma.	84

(c) The person has a concentration of cocaine metabolite in	85
the person's urine of at least one hundred fifty nanograms of	86
cocaine metabolite per milliliter of the person's urine or has a	87
concentration of cocaine metabolite in the person's whole blood or	88
blood serum or plasma of at least fifty nanograms of cocaine	89
metabolite per milliliter of the person's whole blood or blood	90
serum or plasma.	91

(d) The person has a concentration of heroin in the person's	92
urine of at least two thousand nanograms of heroin per milliliter	93
of the person's urine or has a concentration of heroin in the	94
person's whole blood or blood serum or plasma of at least fifty	95
nanograms of heroin per milliliter of the person's whole blood or	96
blood serum or plasma.	97

(e) The person has a concentration of heroin metabolite	98
(6-monoacetyl morphine) in the person's urine of at least ten	99
nanograms of heroin metabolite (6-monoacetyl morphine) per	100
milliliter of the person's urine or has a concentration of heroin	101
metabolite (6-monoacetyl morphine) in the person's whole blood or	102
blood serum or plasma of at least ten nanograms of heroin	103
metabolite (6-monoacetyl morphine) per milliliter of the person's	104
whole blood or blood serum or plasma.	105

(f) The person has a concentration of L.S.D. in the person's	106
urine of at least twenty-five nanograms of L.S.D. per milliliter	107
of the person's urine or has a concentration of L.S.D. in the	108
person's whole blood or blood serum or plasma of at least ten	109
nanograms of L.S.D. per milliliter of the person's whole blood or	110
blood serum or plasma.	111

(g) The person has a concentration of marihuana in the	112
person's urine of at least ten nanograms of marihuana per	113
milliliter of the person's urine or has a concentration of	114
marihuana in the person's whole blood or blood serum or plasma of	115
at least two nanograms of marihuana per milliliter of the person's	116
whole blood or blood serum or plasma.	117

(i) The person is under the influence of alcohol, a drug of	119
abuse, or a combination of them, and, as measured by gas	120
chromatography mass spectrometry, the person has a concentration	121
of marihuana metabolite in the person's urine of at least fifteen	122
nanograms of marihuana metabolite per milliliter of the person's	123
urine or has a concentration of marihuana metabolite in the	124
person's whole blood or blood serum or plasma of at least five	125
nanograms of marihuana metabolite per milliliter of the person's	126
whole blood or blood serum or plasma.	127

(ii) As measured by gas chromatography mass spectrometry, the	128
person has a concentration of marihuana metabolite in the person's	129
urine of at least thirty-five nanograms of marihuana metabolite	130
per milliliter of the person's urine or has a concentration of	131
marihuana metabolite in the person's whole blood or blood serum or	132
plasma of at least fifty nanograms of marihuana metabolite per	133
milliliter of the person's whole blood or blood serum or plasma.	134

(i) The person has a concentration of methamphetamine in the	135
person's urine of at least five hundred nanograms of	136
methamphetamine per milliliter of the person's urine or has a	137
concentration of methamphetamine in the person's whole blood or	138
blood serum or plasma of at least one hundred nanograms of	139
methamphetamine per milliliter of the person's whole blood or	140
blood serum or plasma.	141

(j) The person has a concentration of phencyclidine in the	142
person's urine of at least twenty-five nanograms of phencyclidine	143
per milliliter of the person's urine or has a concentration of	144
phencyclidine in the person's whole blood or blood serum or plasma	145
of at least ten nanograms of phencyclidine per milliliter of the	146
person's whole blood or blood serum or plasma.	147

(B) No person under twenty-one years of age shall operate or	148
be in physical control of any vessel underway or shall manipulate	149
any water skis, aquaplane, or similar device on the waters in this	150
state if, at the time of the operation, control, or manipulation,	151
any of the following applies:	152

(1) The person has a concentration of at least two-hundredths	153
of one per cent, but less than eight-hundredths of one per cent by	154
weight per unit volume of alcohol in the person's whole blood.	155

(2) The person has a concentration of at least	156
three-hundredths of one per cent but less than	157
ninety-six-thousandths of one per cent by weight per unit volume	158
of alcohol in the person's blood serum or plasma.	159

(3) The person has a concentration of at least twenty-eight	160
one-thousandths of one gram, but less than eleven-hundredths of	161
one gram by weight of alcohol per one hundred milliliters of the	162
person's urine.	163

(4) The person has a concentration of at least two-hundredths	164
of one gram, but less than eight-hundredths of one gram by weight	165
of alcohol per two hundred ten liters of the person's breath.	166

(C) In any proceeding arising out of one incident, a person	167
may be charged with a violation of division (A)(1) and a violation	168
of division (B)(1), (2), (3), or (4) of this section, but the	169
person shall not be convicted of more than one violation of those	170
divisions.	171

(D)(1)(a) In any criminal prosecution or juvenile court	172
proceeding for a violation of division (A) or (B) of this section	173
or for an equivalent offense that is watercraft-related, the	174
result of any test of any blood or urine withdrawn and analyzed at	175
any health care provider, as defined in section 2317.02 of the	176
Revised Code, may be admitted with expert testimony to be	177
considered with any other relevant and competent evidence in	178
determining the guilt or innocence of the defendant.	179

(b) In any criminal prosecution or juvenile court proceeding	180
for a violation of division (A) or (B) of this section or for an	181
equivalent ~~violation~~offense that is watercraft-related, the court	182
may admit evidence on the concentration of alcohol, drugs of	183
abuse, controlled substances, metabolites of a controlled	184
substance, or a combination of them in the defendant's or child's	185
whole blood, blood serum or plasma, urine, or breath at the time	186
of the alleged violation as shown by chemical analysis of the	187
substance withdrawn, or specimen taken within three hours of the	188
time of the alleged violation. The three-hour time limit specified	189
in this division regarding the admission of evidence does not	190
extend or affect the two-hour time limit specified in division (C)	191
of section 1547.111 of the Revised Code as the maximum period of	192
time during which a person may consent to a chemical test or tests	193
as described in that section. The court may submit evidence on the	194
concentration of alcohol, drugs of abuse, or a combination of them	195
as described in this division when	196

~~When~~ a person submits to a blood, breath, urine, or other	197
bodily substance test~~, only~~at the request of a law enforcement	198
officer under section 1547.111 of the Revised Code or a blood or	199
urine sample is obtained pursuant to a search warrant. Only a	200
physician, a registered nurse, or a qualified technician, chemist,	201
or phlebotomist shall withdraw blood for the purpose of	202
determining the alcohol, drug, controlled substance, metabolite of	203
a controlled substance, or combination content of the whole blood,	204
blood serum, or blood plasma. This limitation does not apply to	205
the taking of breath or urine specimens. A person authorized to	206
withdraw blood under this division may refuse to withdraw blood	207
under this division if, in that person's opinion, the physical	208
welfare of the defendant or child would be endangered by	209
withdrawing blood.	210

The whole blood, blood serum or plasma, urine, or breath	211
withdrawn under division (D)(1)(b) of this section shall be	212
analyzed in accordance with methods approved by the director of	213
health by an individual possessing a valid permit issued by the	214
director pursuant to section 3701.143 of the Revised Code.	215

(2) In a criminal prosecution or juvenile court proceeding	216
for a violation of division (A) of this section or for ~~a violation~~	217
~~of a prohibition that is substantially~~an equivalent ~~to division~~	218
~~(A) of this section~~offense that is watercraft-related, if there	219
was at the time the bodily substance was taken a concentration of	220
less than the applicable concentration of alcohol specified for a	221
violation of division (A)(2), (3), (4), or (5) of this section or	222
less than the applicable concentration of a listed controlled	223
substance or a listed metabolite of a controlled substance	224
specified for a violation of division (A)(6) of this section, that	225
fact may be considered with other competent evidence in	226
determining the guilt or innocence of the defendant or in making	227
an adjudication for the child. This division does not limit or	228
affect a criminal prosecution or juvenile court proceeding for a	229
violation of division (B) of this section or for a violation of a	230
prohibition that is substantially equivalent to that division.	231