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As Introduced
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 80 |
SENATOR B. JOHNSON
A BILL
To amend section 4511.191 of the Revised Code to
provide that, if a person is arrested for OMVI and the person's driver's
license is suspended under the
Administrative License Suspension (ALS) provisions of the
Implied Consent Law, the ALS terminates if the person is
convicted of the underlying OMVI charge, to provide that a person who is
arrested for OMVI
and whose driver's license is suspended under the ALS provisions and also
later by a court is liable for payment of only
one driver's license reinstatement
fee when the person's license is returned or
reissued, and to increase the reinstatement fee from $250 to $375.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.191 of the Revised Code be amended to read as
follows:
Sec. 4511.191. (A) Any person who operates a vehicle upon
a highway or any public or private property used by the public
for vehicular travel or parking within this state shall be deemed
to have given consent to a chemical test or tests of the
person's blood,
breath, or urine for the purpose of determining the alcohol,
drug, or alcohol and drug content of the person's blood,
breath, or urine
if arrested for operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse or for
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine. The chemical test or tests shall be
administered at the request of a police officer having reasonable
grounds to believe the person to have been operating a vehicle
upon a highway or any public or private property used by the
public for vehicular travel or parking in this state while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse or with a prohibited concentration of alcohol in the
blood, breath, or urine. The law enforcement agency by which the
officer is employed shall designate which of the tests shall be
administered.
(B) Any person who is dead or unconscious, or who is
otherwise in a condition rendering the person incapable of
refusal,
shall be deemed not to have withdrawn consent as provided by
division (A) of this section and the test or tests may be
administered, subject to sections 313.12 to 313.16 of the Revised
Code.
(C)(1) Any person under arrest for operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine shall be
advised at a police station, or at a hospital, first-aid station,
or clinic to which the person has been taken for first-aid or
medical treatment, of both of the following:
(a) The consequences, as specified in division (E) of this
section, of the person's refusal to submit upon request to a
chemical test
designated by the law enforcement agency as provided in division
(A) of this section;
(b) The consequences, as specified in division (F) of this
section, of the person's submission to the designated
chemical test if the person is found to have a prohibited
concentration of alcohol in the
blood, breath, or urine.
(2)(a) The advice given pursuant to division (C)(1) of
this section shall be in a written form containing the
information described in division (C)(2)(b) of this section and
shall be read to the person. The form shall contain a statement
that the form was shown to the person under arrest and read to
the person in the presence of the arresting officer and
either another
police officer, a civilian police employee, or an employee of a
hospital, first-aid station, or clinic, if any, to which the
person has been taken for first-aid or medical treatment. The
witnesses shall certify to this fact by signing the form.
(b) The form required by division (C)(2)(a) of this
section shall read as follows:
"You now are under arrest for operating a vehicle while
under the influence of alcohol, a drug of abuse, or both alcohol
and a drug of abuse and will be requested by a police officer to
submit to a chemical test to determine the concentration of
alcohol, drugs of abuse, or alcohol and drugs of abuse in your
blood, breath, or urine.
If you refuse to submit to the requested test or if you
submit to the requested test and are found to have a prohibited
concentration of alcohol in your blood, breath, or urine, your
driver's or commercial driver's license or permit or nonresident
operating privilege immediately will be suspended for the period
of time specified by law by the officer, on behalf of the
registrar of motor vehicles. You may appeal this suspension at
your initial appearance before the court that hears the charges
against you resulting from the arrest, and your initial
appearance will be conducted no later than five days after the
arrest. This suspension is independent of the penalties for the
offense, and you may be subject to other penalties upon
conviction."
(D)(1) If a person under arrest as described in division
(C)(1) of this section is not asked by a police officer to submit
to a chemical test designated as provided in division (A) of this
section, the arresting officer shall seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person and immediately forward the seized license or permit
to the court in which the arrested person is to appear on the
charge for which the person was arrested. If the arrested person does
not have the person's driver's or commercial driver's license or
permit on his or her person or in his or her vehicle, the arresting
officer shall order the arrested person to surrender it to
the law enforcement agency that employs
the officer within twenty-four hours after the arrest, and, upon
the surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the
arrested person is to appear
on the charge for which the person was arrested. Upon
receipt of the
license or permit, the court shall retain it pending the initial
appearance of the arrested person and any action taken under
section 4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of
this section is asked by a police officer to submit to a chemical
test designated as provided in division (A) of this section and
is advised of the consequences of the person's refusal or submission as
provided in division (C) of this section and if the person
either refuses to submit to the designated chemical test or the person
submits to the designated chemical test and the test results
indicate that the person's blood contained a concentration
of ten-hundredths of one per cent or more by weight of alcohol,
the person's breath contained a concentration of ten-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight of alcohol per
one hundred milliliters of the person's urine at the time of
the alleged
offense, the arresting officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of
suspension upon the person that advises the person that,
independent of any penalties or sanctions imposed upon the
person pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial
driver's license
or permit or nonresident operating privilege is suspended, that
the suspension takes effect immediately, that the suspension will
last at least until the person's initial appearance on the
charge that
will be held within five days after the date of the person's
arrest or the
issuance of a citation to the person, and that
the person may appeal the
suspension at the initial appearance; seize the Ohio or
out-of-state driver's or commercial driver's license or permit of
the person; and immediately forward the seized license or permit
to the registrar. If the arrested person does not have the person's driver's
or commercial driver's license or permit on his or her
person or in his or her vehicle, the arresting officer shall order
the person to surrender it to the law enforcement agency that employs
the officer within twenty-four hours after the service of the notice
of suspension, and, upon the surrender, the officer's employing
agency immediately shall forward the license or permit to the
registrar.
(b) Verify the current residence of the person and, if it
differs from that on the person's driver's or commercial driver's
license or permit, notify the registrar of the change;
(c) In addition to forwarding the arrested person's
driver's or commercial driver's license or permit to the
registrar, send to the registrar, within forty-eight hours after
the arrest of the person, a sworn report that includes all of the
following statements:
(i) That the officer had reasonable grounds to believe
that, at the time of the arrest, the arrested person was
operating a vehicle upon a highway or public or private property
used by the public for vehicular travel or parking within this
state while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or with a prohibited concentration of
alcohol in the blood, breath, or urine;
(ii) That the person was arrested and charged with
operating a vehicle while under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse or with operating a
vehicle with a prohibited concentration of alcohol in the blood,
breath, or urine;
(iii) That the officer asked the person to take the
designated chemical test, advised the person of the consequences
of submitting to the chemical test or refusing to take the
chemical test, and gave the person the form described in division
(C)(2) of this section;
(iv) That the person refused to submit to the chemical
test or that the person submitted to the chemical test and the
test results indicate that the person's blood contained a
concentration of
ten-hundredths of one per cent or more by weight of alcohol, the
person's breath contained a concentration of ten-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the
person's breath, or the person's urine contained a
concentration of
fourteen-hundredths of one gram or more by weight of alcohol per
one hundred milliliters of the person's urine at the time of
the alleged
offense;
(v) That the officer served a notice of suspension upon
the person as described in division (D)(1)(a) of this section.
(2) The sworn report of an arresting officer completed
under division (D)(1)(c) of this section shall be given by the
officer to the arrested person at the time of the arrest or sent
to the person by regular first class mail by the registrar as
soon thereafter as possible, but no later than fourteen days
after receipt of the report. An arresting officer may give an
unsworn report to the arrested person at the time of the arrest
provided the report is complete when given to the arrested person
and subsequently is sworn to by the arresting officer. As soon
as possible, but no later than forty-eight hours after the arrest
of the person, the arresting officer shall send a copy of the
sworn report to the court in which the arrested person is to
appear on the charge for which the person was arrested.
(3) The sworn report of an arresting officer completed and
sent to the registrar and the court under divisions (D)(1)(c) and
(D)(2) of this section is prima-facie proof of the information
and statements that it contains and shall be admitted and
considered as prima-facie proof of the information and statements
that it contains in any appeal under division (H) of this section
relative to any suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
that results from the arrest covered by the report.
(E)(1) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person who refused to take the designated chemical test, the
registrar shall enter into the registrar's records the fact
that the person's
driver's or commercial driver's license or permit or nonresident
operating privilege was suspended by the arresting officer under
division (D)(1)(a) of this section and the period of the
suspension, as determined under divisions (E)(1)(a) to (d) of
this section. The suspension shall be subject to appeal as
provided in this section and shall be for whichever of the
following periods applies:
(a) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had not refused a previous request to consent to a chemical test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension shall be one year. If the person is a
resident without a license or permit to operate a vehicle within
this state, the registrar shall deny to the person the issuance
of a driver's or commercial driver's license or permit for a
period of one year after the date of the alleged violation.
(b) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused one previous request to consent to a chemical test of
the person's blood, breath, or urine to determine its
alcohol content, the
period of suspension or denial shall be two years.
(c) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused two previous requests to consent to a chemical test
of the person's blood, breath, or urine to determine its
alcohol content,
the period of suspension or denial shall be three years.
(d) If the arrested person, within five years of the date
on which the person refused the request to consent to the
chemical test,
had refused three or more previous requests to consent to a
chemical test of the person's blood, breath, or urine to
determine its
alcohol content, the period of suspension or denial shall be five
years.
(2) The suspension or denial imposed under division (E)(1)
of this section shall continue for the entire one-year, two-year,
three-year, or five-year period, subject to appeal as provided in
this section and subject to termination as provided in division
(K) of this section.
(F) Upon receipt of the sworn report of an arresting
officer completed and sent to the registrar and a court pursuant
to divisions (D)(1)(c) and (D)(2) of this section in regard to a
person whose test results indicate that the person's blood
contained a
concentration of ten-hundredths of one per cent or more by weight
of alcohol, the person's breath contained a concentration of
ten-hundredths of one gram or more by weight of alcohol per two
hundred ten liters of the person's breath, or
the person's urine contained a
concentration of fourteen-hundredths of one gram or more by
weight of alcohol per one hundred milliliters of the
person's urine at the time of the alleged offense, the registrar shall
enter into the registrar's records the fact that the person's driver's or
commercial
driver's license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of
this section and the period of the suspension, as determined
under divisions (F)(1) to (4) of this section. The suspension
shall be subject to appeal as provided in this section and shall
be for whichever of the following periods that applies:
(1) Except when division (F)(2), (3), or (4) of this section
applies and specifies a different period of suspension or denial, the period
of the suspension or denial shall be ninety days.
(2) If the person has been convicted, within ten years of the date the test
was conducted, of one violation of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division
(D) of that section, or section 2903.06, 2903.07, or 2903.08 of
the Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that at the time of the commission of the
offense the offender was under the influence of alcohol, a drug
of abuse, or alcohol and a drug of abuse, or a statute of any other state
or a municipal ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of
section 4511.19 of the Revised Code, the period of the
suspension or denial shall be one year.
(3) If the person has been convicted, within ten years of
the date the test was conducted, of two violations of a statute
or ordinance described in division (F)(2) of this section,
the period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of
the date the test was conducted, of more than two violations of a
statute or ordinance described in division (F)(2) of this
section, the period of the suspension or denial shall be three
years.
(G)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (D)(1)(a) of this section for the period of time
described in division (E) or (F) of this section is effective
immediately from the time at which the arresting officer serves
the notice of suspension upon the arrested person. Any
subsequent finding that the person is not guilty of the charge
that resulted in the person being requested to take, or in
the person taking,
the chemical test or tests under division (A) of this section
affects the suspension only as described in division (H)(2) of
this section.
(2) If a person is arrested for operating a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and
regardless of whether the person's driver's or commercial
driver's license or permit or nonresident operating privilege is
or is not suspended under division (E) or (F) of this section,
the person's initial appearance on the charge resulting from the
arrest shall be held within five days of the person's arrest or
the issuance of the citation to the person, subject to any
continuance
granted by the court pursuant to division (H)(1) of this section
regarding the issues specified in that division.
(H)(1) If a person is arrested for operating a vehicle
while under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse or for operating a vehicle with a prohibited
concentration of alcohol in the blood, breath, or urine and if
the person's driver's or commercial driver's license or permit or
nonresident operating privilege is suspended under division (E)
or (F) of this section, the person may appeal the suspension at
the person's initial appearance on the charge
resulting from
the arrest in the court in which the person will appear on
that charge. If the person appeals the suspension at the
person's initial appearance, the appeal does
not stay the operation of the suspension. Subject to division
(H)(2) of this section, no court has jurisdiction to grant a stay
of a suspension imposed under division (E) or (F) of this
section, and any order issued by any court that purports to grant
a stay of any suspension imposed under either of those divisions
shall not be given administrative effect.
If the person appeals the suspension at the person's initial
appearance, either the person or the registrar may request a
continuance
of the appeal. Either the person or the registrar shall make the
request for a continuance of the appeal at the same time as the
making of the appeal. If either the person or the registrar
requests a continuance of the appeal, the court may grant the
continuance. The court also may continue the appeal on its own
motion. The granting of a continuance applies only to the
conduct of the appeal of the suspension and does not extend the
time within which the initial appearance must be conducted, and
the court shall proceed with all other aspects of the initial
appearance in accordance with its normal procedures. Neither the
request for nor the granting of a continuance stays the operation
of the suspension that is the subject of the appeal.
If the person appeals the suspension at the person's initial
appearance, the scope of the appeal is limited to determining
whether one or more of the following conditions have not been
met:
(a) Whether the law enforcement officer had reasonable
ground to believe the arrested person was operating a vehicle
upon a highway or public or private property used by the public
for vehicular travel or parking within this state while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse or with a prohibited concentration of alcohol in the blood,
breath, or urine and whether the arrested person was in fact
placed under arrest;
(b) Whether the law enforcement officer requested the
arrested person to submit to the chemical test designated
pursuant to division (A) of this section;
(c) Whether the arresting officer informed the arrested
person of the consequences of refusing to be tested or of
submitting to the test;
(d) Whichever of the following is applicable:
(i) Whether the arrested person refused to submit to the
chemical test requested by the officer;
(ii) Whether the chemical test results indicate that the
arrested person's blood contained a concentration of ten-hundredths of one
per cent
or more by weight of alcohol, the person's breath contained
a
concentration of ten-hundredths of one gram or more by weight of
alcohol per two hundred ten liters of the person's breath,
or the person's urine contained a concentration of
fourteen-hundredths of one gram or
more by weight of alcohol per one hundred milliliters of the
person's urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial
appearance, the judge or referee of the court or the mayor of the
mayor's court shall determine whether one or more of the
conditions specified in divisions (H)(1)(a) to (d) of this
section have not been met. The person who appeals the suspension
has the burden of proving, by a preponderance of the evidence,
that one or more of the specified conditions has not been met.
If, during the appeal at the initial appearance, the judge or
referee of the court or the mayor of the mayor's court determines
that all of those conditions have been met, the judge, referee,
or mayor shall uphold the suspension, shall continue the
suspension, and shall notify the registrar of the decision on a form
approved by the registrar. Except as otherwise provided in division
(H)(2) of this section, if the suspension is upheld or if the person does not
appeal the suspension at the person's initial appearance
under division (H)(1) of this section, the suspension shall continue until the
complaint alleging the violation for which the person was arrested and in
relation to which the suspension was imposed is adjudicated on
the merits by the judge or referee of the trial court or by the
mayor of the mayor's court. If the suspension was imposed under
division (E) of this section and it is continued under this
division, any subsequent finding that the person is not guilty of
the charge that resulted in the person being requested to take the
chemical test or tests under division (A) of this section does
not terminate or otherwise affect the suspension. If the
suspension was imposed under division (F) of this section and it
is continued under this division, the suspension shall terminate
if, for any reason, the person subsequently is found not guilty
of the charge that resulted in the person taking the
chemical test or
tests under division (A) of this section.
If, during the appeal at the initial appearance, the judge
or referee of the trial court or the mayor of the mayor's court
determines that one or more of the conditions specified in
divisions (H)(1)(a) to (d) of this section have not been met, the
judge, referee, or mayor shall terminate the suspension, subject
to the imposition of a new suspension under division (B) of
section 4511.196 of the Revised Code; shall notify the registrar
of the decision on a form approved by the registrar; and, except as
provided in division (B) of
section 4511.196 of the Revised Code, shall order the registrar
to return the driver's or commercial driver's license or permit
to the person or to take such measures as may be necessary, if
the license or permit was destroyed under section 4507.55 of the
Revised Code, to permit the person to obtain a replacement
driver's or commercial driver's license or permit from the
registrar or a deputy registrar in accordance with that section.
The court also shall issue to the person a court order, valid for
not more than ten days from the date of issuance, granting the
person operating privileges for that period of time.
If the person appeals the suspension at the initial
appearance, the registrar shall be represented by the prosecuting
attorney of the county in which the arrest occurred if the
initial appearance is conducted in a juvenile court or county
court, except that if the arrest occurred within a city or
village within the jurisdiction of the county court in which the
appeal is conducted, the city director of law or village
solicitor of that city or village shall represent the registrar.
If the appeal is conducted in a municipal court, the registrar
shall be represented as provided in section 1901.34 of the
Revised Code. If the appeal is conducted in a mayor's court, the
registrar shall be represented by the city director of law,
village solicitor, or other chief legal officer of the municipal
corporation that operates that mayor's court.
(I)(1) If a person's driver's or commercial driver's
license or permit or nonresident operating privilege has been
suspended pursuant to division (E) of this section, and the
person, within the preceding seven years, has refused three
previous requests to consent to a chemical test of the
person's blood, breath, or urine to determine its alcohol content or has
been
convicted of or pleaded guilty to three or more violations of
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or alcohol and a drug
of abuse, a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, breath,
or urine, section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute
of any other state or a municipal ordinance of a municipal corporation located
in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, the
person is not entitled to request, and the court shall not grant
to the person, occupational driving privileges under this
division. Any other person whose driver's or commercial driver's
license or nonresident operating privilege has been suspended
pursuant to division (E) of this section may file a petition
requesting occupational driving privileges in the municipal
court, county court, or, if the person is a minor, juvenile court
with jurisdiction over the place at which the arrest occurred.
The petition may be filed at any time subsequent to the date on
which the arresting officer serves the notice of suspension upon
the arrested person. The person shall pay the costs of the
proceeding, notify the registrar of the filing of the petition,
and send the registrar a copy of the petition.
In the proceedings, the registrar shall be represented by
the prosecuting attorney of the county in which the arrest
occurred if the petition is filed in the juvenile court or county
court, except that, if the arrest occurred within a city or
village within the jurisdiction of the county court in which the
petition is filed, the city director of law or village solicitor
of that city or village shall represent the registrar. If the
petition is filed in the municipal court, the registrar shall be
represented as provided in section 1901.34 of the Revised Code.
The court, if it finds reasonable cause to believe that
suspension would seriously affect the person's ability to
continue in the person's employment, may grant the person
occupational
driving privileges during the period of suspension imposed
pursuant to division (E) of this section, subject to the
limitations contained in this division and division (I)(2) of
this section. The court may grant the occupational driving
privileges, subject to the limitations contained in this division
and division (I)(2) of this section, regardless of whether the
person appeals the suspension at the person's initial
appearance under
division (H)(1) of this section or appeals the decision of the
court made pursuant to the appeal conducted at the initial
appearance, and, if the person has appealed the suspension or
decision, regardless of whether the matter at issue has been
heard or decided by the court. The court shall not grant
occupational driving privileges to any person who, within seven
years of the filing of the petition, has refused three previous
requests to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content or has been convicted of
or pleaded guilty to three or more violations of division (A) or
(B) of section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
person was subject to the sanctions described in division (D) of
that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
statute of any other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to division
(A) or (B) of section 4511.19 of the Revised Code, and
shall not grant occupational driving privileges for employment as
a driver of commercial motor vehicles to any person who is
disqualified from operating a commercial motor vehicle under
section 2301.374 or 4506.16 of the Revised Code.
(2)(a) In granting occupational driving privileges under
division (I)(1) of this section, the court may impose any
condition it considers reasonable and necessary to limit the use
of a vehicle by the person. The court shall deliver to the
person a permit card, in a form to be prescribed by the court,
setting forth the time, place, and other conditions limiting the
defendant's use of a vehicle. The grant of occupational driving
privileges shall be conditioned upon the person's having the
permit in the person's possession at all times during which
the person is
operating a vehicle.
A person granted occupational driving privileges who
operates a vehicle for other than occupational purposes, in
violation of any condition imposed by the court, or without
having the permit in the person's possession, is guilty of a
violation of
section 4507.02 of the Revised Code.
(b) The court may not grant a person occupational driving
privileges under division (I)(1) of this section when prohibited
by a limitation contained in that division or during any of the
following periods of time:
(i) The first thirty days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had not refused a previous request to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(ii) The first ninety days of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused one previous request to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(iii) The first year of suspension imposed upon a person
who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused two previous requests to
consent to a chemical test of the person's blood, breath, or
urine to
determine its alcohol content;
(iv) The first three years of suspension imposed upon a
person who, within five years of the date on which the person
refused the
request to consent to a chemical test of the person's blood,
breath, or
urine to determine its alcohol content and for which refusal the
suspension was imposed, had refused three or more previous
requests to consent to a chemical test of the person's
blood, breath, or
urine to determine its alcohol content.
(3) The court shall give information in writing of any
action taken under this section to the registrar.
(4) If a person's driver's or commercial driver's license
or permit or nonresident operating privilege has been suspended
pursuant to division (F) of this section, and the person, within
the preceding seven years, has been convicted of or pleaded
guilty to three or more violations of division (A) or (B) of
section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
person was subject to the sanctions described in division (D) of
that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a statute
of any other state or a municipal ordinance of a municipal corporation located
in any other state that is substantially similar to division (A) or
(B) of section 4511.19 of the Revised Code, the
person is not entitled to request, and the court shall not grant
to the person, occupational driving privileges under this
division. Any other person whose driver's or commercial driver's
license or nonresident operating privilege has been suspended
pursuant to division (F) of this section may file in the court
specified in division (I)(1) of this section a petition
requesting occupational driving privileges in accordance with
section 4507.16 of the Revised Code. The petition may be filed
at any time subsequent to the date on which the arresting officer
serves the notice of suspension upon the arrested person. Upon
the making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code.
The court may grant the occupational driving privileges, subject
to the limitations contained in section 4507.16 of the Revised
Code, regardless of whether the person appeals the suspension at
the person's initial appearance under division (H)(1) of
this section or
appeals the decision of the court made pursuant to the appeal
conducted at the initial appearance, and, if the person has
appealed the suspension or decision, regardless of whether the
matter at issue has been heard or decided by the court.
(J) When it finally has been determined under the
procedures of this section that a nonresident's privilege to
operate a vehicle within this state has been suspended, the
registrar shall give information in writing of the action taken
to the motor vehicle administrator of the state of the person's
residence and of any state in which the person has a license.
(K) A suspension of the driver's or commercial driver's
license or permit of a resident, a suspension of the operating
privilege of a nonresident, or a denial of a driver's or
commercial driver's license or permit for refusal to submit to a
chemical test to determine the alcohol, drug, or alcohol and drug
content of the person's blood, breath, or urine pursuant to
division (E) OR (F) of this section, shall be
terminated by the
registrar upon receipt of notice of the person's entering a plea
of guilty to, or of the person's conviction after entering a plea
of no
contest under Criminal Rule 11 to, OF THE OFFENSE OF operating a
vehicle while
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse or with a prohibited concentration of alcohol in
the blood, breath, or urine, if the offense for which the plea is
entered OR THAT RESULTED IN THE CONVICTION arose from the same
incident that led to the suspension
or denial.
The registrar shall credit against any judicial suspension
of a person's driver's or commercial driver's license or permit
or nonresident operating privilege imposed pursuant to division
(B) or (E) of section 4507.16 of the Revised Code any time during
which the person serves a related suspension imposed pursuant to
division (E) or (F) of this section.
(L) At the end of a suspension period under this section,
section 4511.196, or division (B) of section 4507.16 of the
Revised Code and upon the request of the person whose driver's or
commercial driver's license or permit was suspended and who is
not otherwise subject to suspension, revocation, or
disqualification, the registrar shall return the driver's or
commercial driver's license or permit to the person upon COMPLIANCE BY
the occurrence of PERSON WITH all of the following
CONDITIONS SPECIFIED IN DIVISIONS (L)(1) AND (2) OF THIS
SECTION:
(1) A showing by the person that the person had HAS proof of
financial
responsibility, a policy of liability insurance in effect that
meets the minimum standards set forth in section 4509.51 of the
Revised Code, or proof, to the satisfaction of the registrar,
that the person is able to respond in damages in an amount at
least equal to the minimum amounts specified in section 4509.51
of the Revised Code.
(2) Payment SUBJECT TO THE LIMITATION CONTAINED IN DIVISION
(L)(3) OF THIS SECTION, PAYMENT by the person of a license
reinstatement fee
of two THREE hundred fifty SEVENTY-FIVE dollars
to the bureau of motor vehicles,
which fee shall be deposited in the state treasury and credited
as follows:
(a) Seventy-five ONE HUNDRED TWELVE dollars AND FIFTY
CENTS shall be credited to the drivers'
treatment and intervention fund, which is hereby established.
The fund shall be used to pay the costs of driver treatment and
intervention programs operated pursuant to sections 3793.02 and
3793.10 of the Revised Code. The director of alcohol and drug
addiction services shall determine the share of the fund that is
to be allocated to alcohol and drug addiction programs authorized
by section 3793.02 of the Revised Code, and the share of the fund
that is to be allocated to drivers' intervention programs
authorized by section 3793.10 of the Revised Code.
(b) Fifty SEVENTY-FIVE dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Twenty-five THIRTY-SEVEN dollars AND FIFTY CENTS
shall be credited to the indigent
drivers alcohol treatment fund, which is hereby established. Except as
otherwise provided in division
(L)(2)(c) of this section, moneys in the fund shall be
distributed by the department of alcohol and drug addiction
services to the county indigent drivers alcohol treatment funds,
the county juvenile indigent drivers alcohol treatment funds, and
the municipal indigent drivers treatment funds that are required
to be established by counties and municipal corporations pursuant
to division (N) of this section, and shall be used only to pay
the cost of an alcohol and drug addiction treatment program
attended by an offender or juvenile traffic offender who is
ordered to attend an alcohol and drug addiction treatment program
by a county, juvenile, or municipal court judge and who is
determined by the county, juvenile, or municipal court judge not
to have the means to pay for attendance at the program.
Moneys in the fund that are not
distributed to a county indigent drivers alcohol treatment fund,
a county juvenile indigent drivers alcohol treatment fund, or a
municipal indigent drivers alcohol treatment fund under division
(N) of this section because the director of alcohol and drug addiction
services does not have the information necessary to identify the county or
municipal corporation where the offender or juvenile offender was arrested
may
be transferred by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of this
section, upon certification of the amount by the director of alcohol and drug
addiction services.
(d) Fifty SEVENTY-FIVE dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Fifty SEVENTY-FIVE dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division (L)(2)(e)
of this section.
The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under division (L)(2)(e) of this
section shall be used by the agency to pay for not more than
fifty per cent of the amount of the salaries of law enforcement
officers who conduct drug abuse resistance education programs in
public schools. The attorney general shall not use more than six
per cent of the amounts the attorney general's office
receives under division
(L)(2)(e) of this section to pay the costs it incurs in
administering the grant program established by division (L)(2)(e)
of this section and in providing training and materials relating
to drug abuse resistance education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(3) IF A PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR
PERMIT IS SUSPENDED UNDER DIVISION (E) OR (F) OF THIS
SECTION, SECTION 4511.196, OR
DIVISION (B) OF SECTION 4507.16 of the Revised Code, OR ANY COMBINATION OF THE
SUSPENSIONS DESCRIBED IN DIVISION (L)(3) OF THIS SECTION AND THE
SUSPENSIONS ARISE FROM A SINGLE INCIDENT OR A SINGLE SET OF FACTS AND
CIRCUMSTANCES, THE PERSON IS LIABLE FOR PAYMENT OF AND SHALL BE REQUIRED TO
PAY TO THE BUREAU ONLY ONE REINSTATEMENT FEE OF THREE HUNDRED SEVENTY-FIVE
DOLLARS. THE REINSTATEMENT FEE SHALL BE DISTRIBUTED BY THE BUREAU IN
ACCORDANCE
WITH DIVISION (L)(2)
OF THIS SECTION.
(M) Suspension of a commercial driver's license under
division (E) or (F) of this section shall be concurrent with any
period of disqualification under section 2301.374 or 4506.16 of the Revised
Code. No person who is disqualified for life from holding a
commercial driver's license under section 4506.16 of the Revised
Code shall be issued a driver's license under Chapter 4507. of
the Revised Code during the period for which the commercial
driver's license was suspended under division (E) or (F) of this
section, and no person whose commercial driver's license is
suspended under division (E) or (F) of this section shall be
issued a driver's license under that chapter during the period of
the suspension.
(N)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines that are specified for deposit into a county or municipal
indigent drivers alcohol treatment fund by section 4511.193 of
the Revised Code shall be deposited into that county indigent
drivers alcohol treatment fund, county juvenile indigent drivers
alcohol treatment fund, or municipal indigent drivers alcohol
treatment fund in accordance with division (N)(2) of this
section. Additionally, all portions of fines that are paid for a
violation of section 4511.19 of the Revised Code or division
(B)(2) of section 4507.02 of the Revised Code, and that are
required under division (A)(1) or (2) of section 4511.99 or
division (B)(5) of section 4507.99 of the Revised Code to be
deposited into a county indigent drivers alcohol treatment fund
or municipal indigent drivers alcohol treatment fund shall be
deposited into the appropriate fund in accordance with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division (L) of this section and that is credited
under that division to the indigent drivers alcohol treatment
fund shall be deposited into a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension, the portion shall be deposited into the county
juvenile indigent drivers alcohol treatment fund established in
the county served by the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
division (B) of section 4507.16 of the Revised Code, that portion
of the fee shall be deposited as follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit was suspended by a municipal court, the portion shall be
deposited into the municipal indigent drivers alcohol treatment
fund under the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment program. The board of alcohol, drug addiction, and
mental health services established pursuant to section 340.02 of
the Revised Code serving the alcohol, drug addiction, and mental
health service district in which the court is located shall
administer the indigent drivers alcohol treatment program of the
court. When a court orders an offender or juvenile traffic
offender to attend an alcohol and drug addiction treatment
program, the board shall determine which program is suitable to
meet the needs of the offender or juvenile traffic offender, and
when a suitable program is located and space is available at the
program, the offender or juvenile traffic offender shall attend
the program designated by the board. A reasonable amount not to
exceed five per cent of the amounts credited to and deposited
into the county indigent drivers alcohol treatment fund, the
county juvenile indigent drivers alcohol treatment fund, or the
municipal indigent drivers alcohol treatment fund serving every
court whose program is administered by that board shall be paid
to the board to cover the costs it incurs in administering those
indigent drivers alcohol treatment programs.
Section 2. That existing section 4511.191 of the Revised Code is hereby
repealed.
Section 3. Section 4511.191 of the Revised Code is presented in this act as
a
composite of the section as amended by both Am. Sub. H.B. 353 and Am. Sub.
S.B. 166 of the 121st General Assembly,
with the new language of neither of the acts shown in capital letters. This
is
in recognition of the principle stated in division (B) of section 1.52 of the
Revised Code that such amendments are to be harmonized where not substantively
irreconcilable and constitutes a legislative finding that such is the
resulting
version in effect prior to the effective date of this act.
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