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(127th General Assembly)
(Amended Substitute Senate Bill Number 17)
AN ACT
To amend sections 1547.11, 1547.111, 1547.99,
2929.18, 2929.28, 2945.75,
4503.231, 4503.233,
4510.13, 4510.43,
4511.181, 4511.19, 4511.191,
4511.192,
and
4511.203 and to enact sections
4503.235, 4510.45,
4510.46, 4511.198, and 5502.10
of the
Revised
Code to
increase
certain
penalties for
repeat
OVI
offenders; to
authorize a court to
issue a
vehicle
immobilization waiver order in
favor of
specified
family members of an OVI
offender; to
specify
that wrongful entrustment
of
a motor
vehicle
applies when a vehicle is
subject to a
vehicle
immobilization order and a
subject
person
is
prohibited from operating the
vehicle; to
require
a person with two prior
applicable
convictions
to submit upon request to
a chemical
test under
the vehicle or watercraft
Implied
Consent Law; to
require the
consideration of
certain prior
convictions in
determining the
length of a
refusal suspension
under the vehicle
Implied
Consent Law; to expand
the list of
offenses that
are "equivalent
offenses" for
certain vehicle or
watercraft OVI
purposes; to
clarify the
application of a
qualified immunity
to
persons
who withdraw
blood at the request of
law
enforcement
personnel pursuant to the Implied
Consent Law; to
expand the circumstances when
evidence on the
concentration of alcohol or drugs
of abuse in a
bodily substance may be admitted in
a watercraft
OVI case; to require the Department
of Public
Safety to establish a state registry of
Ohio's
habitual OVI/OMWI offenders and an Internet
database, both of which are public records,
containing information about persons who on or
after the act's effective date receive their fifth
or subsequent Ohio conviction within the preceding
twenty
years for vehicle OVI or watercraft OMWI;
to revise the criteria for
certification of
ignition interlock devices; to authorize a court
to impose as a financial sanction reimbursement of
the cost of immobilizing and disabling devices
required for limited driving privileges; and
to
create the
indigent drivers interlock and alcohol
monitoring
fund.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1547.11, 1547.111, 1547.99, 2929.18,
2929.28, 2945.75,
4503.231, 4503.233, 4510.13, 4510.43, 4511.181,
4511.19,
4511.191, 4511.192, and 4511.203 be amended and sections
4503.235,
4510.45, 4510.46, 4511.198, and
5502.10 of the Revised
Code be
enacted to
read as follows:
Sec. 1547.11. (A) No person shall operate or be in physical
control of any vessel underway or shall manipulate any water
skis,
aquaplane, or similar device on the waters in this state if,
at
the time of the operation, control, or manipulation, any of
the
following
applies:
(1) The person is under the influence of alcohol, a drug
of
abuse, or
a combination of them.
(2) The person has a concentration of eight-hundredths of
one
per cent or more by weight of alcohol
per unit volume in the
person's
whole blood.
(3)
The person has a concentration of ninety-six-thousandths
of
one per cent or
more by weight per unit volume of alcohol in
the
person's blood serum or
plasma.
(4) The person has a concentration of eleven-hundredths
of
one gram or more by weight of alcohol per one hundred
milliliters
of the person's urine.
(5) The person has a concentration of eight-hundredths of
one
gram or more by weight of alcohol per two hundred ten liters
of
the person's breath.
(6) Except as provided in division (H) of this section, the
person has a concentration of any of the following controlled
substances or metabolites of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds any of the following:
(a) The person has a concentration of amphetamine in the
person's urine of at least five hundred nanograms of amphetamine
per milliliter of the person's urine or has a concentration of
amphetamine in the person's whole blood or blood serum or plasma
of at least one hundred nanograms of amphetamine per milliliter of
the person's whole blood or blood serum or plasma.
(b) The person has a concentration of cocaine in the person's
urine of at least one hundred fifty nanograms of cocaine per
milliliter of the person's urine or has a concentration of cocaine
in the person's whole blood or blood serum or plasma of at least
fifty nanograms of cocaine per milliliter of the person's whole
blood or blood serum or plasma.
(c) The person has a concentration of cocaine metabolite in
the person's urine of at least one hundred fifty nanograms of
cocaine metabolite per milliliter of the person's urine or has a
concentration of cocaine metabolite in the person's whole blood or
blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood
serum or plasma.
(d) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms of heroin per milliliter
of the person's urine or has a concentration of heroin in the
person's whole blood or blood serum or plasma of at least fifty
nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(e) The person has a concentration of heroin metabolite
(6-monoacetyl morphine) in the person's urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's urine or has a concentration of heroin
metabolite (6-monoacetyl morphine) in the person's whole blood or
blood serum or plasma of at least ten nanograms of heroin
metabolite (6-monoacetyl morphine) per milliliter of the person's
whole blood or blood serum or plasma.
(f) The person has a concentration of L.S.D. in the person's
urine of at least twenty-five nanograms of L.S.D. per milliliter
of the person's urine or has a concentration of L.S.D. in the
person's whole blood or blood serum or plasma of at least ten
nanograms of L.S.D. per milliliter of the person's whole blood or
blood serum or plasma.
(g) The person has a concentration of marihuana in the
person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of
marihuana in the person's whole blood or blood serum or plasma of
at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(h) Either of the following applies:
(i) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(ii) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(i) The person has a concentration of methamphetamine in the
person's urine of at least five hundred nanograms of
methamphetamine per milliliter of the person's urine or has a
concentration of methamphetamine in the person's whole blood or
blood serum or plasma of at least one hundred nanograms of
methamphetamine per milliliter of the person's whole blood or
blood serum or plasma.
(j) The person has a concentration of phencyclidine in the
person's urine of at least twenty-five nanograms of phencyclidine
per milliliter of the person's urine or has a concentration of
phencyclidine in the person's whole blood or blood serum or plasma
of at least ten nanograms of phencyclidine per milliliter of the
person's whole blood or blood serum or plasma.
(B) No person under twenty-one years of age shall operate or
be in
physical control of any vessel underway or shall manipulate
any water skis,
aquaplane, or similar device on the waters in this
state if,
at
the time of the operation, control, or manipulation,
any of the
following applies:
(1) The person has a concentration of at least
two-hundredths
of one per
cent, but less than eight-hundredths of
one per cent by
weight
per unit
volume of alcohol in the
person's
whole blood.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than
ninety-six-thousandths of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma.
(3) The person has a concentration of at least twenty-eight
one-thousandths of one gram, but less than eleven-hundredths of
one gram by
weight of alcohol per one hundred milliliters of the
person's
urine.
(4) The person has a concentration of at least
two-hundredths
of one gram,
but less than eight-hundredths of one
gram by weight
of alcohol per two hundred
ten liters of the
person's breath.
(C) In any proceeding arising out of one incident, a person
may
be charged with a violation of division (A)(1) and a violation
of
division (B)(1), (2),
(3),
or
(4) of this
section, but the
person shall
not be convicted of more than one violation of those
divisions.
(D)(1)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A) or (B) of this section
or for an equivalent offense that is watercraft-related, the
result of any test of any blood or urine withdrawn and analyzed at
any health care provider, as defined in section 2317.02 of the
Revised Code, may be admitted with expert testimony to be
considered with any other relevant and competent evidence in
determining the guilt or innocence of the defendant.
(b) In any criminal prosecution
or juvenile court
proceeding
for a violation of
division (A) or (B) of this
section
or
for an
equivalent
violation offense that is watercraft-related, the court
may admit evidence on
the concentration of
alcohol,
drugs of
abuse, controlled substances, metabolites of a controlled
substance,
or a
combination of
them in the
defendant's
or child's
whole blood,
blood serum or
plasma, urine,
or
breath at the time
of the alleged violation as
shown by
chemical
analysis of the
substance
withdrawn, or
specimen taken
within
three hours of the
time of the alleged
violation. The three-hour time limit specified
in this division regarding the admission of evidence does not
extend or affect the two-hour time limit specified in division (C)
of section 1547.111 of the Revised Code as the maximum period of
time during which a person may consent to a chemical test or tests
as described in that section. The court may admit evidence on the
concentration of alcohol, drugs of abuse, or a combination of them
as described in this division when
When a person submits to a blood, breath, urine, or other
bodily substance test, only at the request of a law enforcement
officer under section 1547.111 of the Revised Code or a blood or
urine sample is obtained pursuant to a search warrant. Only a
physician,
a
registered nurse, or
a qualified technician,
chemist,
or
phlebotomist shall
withdraw blood for the purpose of
determining
the alcohol, drug, controlled substance, metabolite of
a controlled substance,
or combination
content
of
the whole
blood,
blood serum, or blood plasma. This
limitation
does not
apply to
the taking
of breath or urine specimens. A
person
authorized to
withdraw blood
under this division may refuse
to
withdraw blood
under
this division
if, in
that person's
opinion, the
physical
welfare of the
defendant or
child would be
endangered by
withdrawing
blood.
The
whole blood,
blood serum or plasma, urine, or breath
withdrawn under division (D)(1)(b) of this section
shall be
analyzed in accordance
with methods approved by the
director of
health by an individual
possessing a valid permit
issued by the
director
pursuant to section 3701.143 of the Revised
Code.
(2)
In a criminal prosecution or juvenile court
proceeding
for a violation of division (A) of this section or for
a
violation
of a prohibition that is substantially an equivalent to
division
(A)
of this section offense that is watercraft-related, if there
was at the time the
bodily substance was
taken a
concentration of
less than
the
applicable concentration
of
alcohol specified
for a
violation of
division (A)(2), (3), (4),
or
(5) of this
section or
less than the applicable concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified for a violation of division (A)(6) of this section,
that
fact may
be considered with other
competent evidence
in
determining the
guilt or innocence of the
defendant
or in making
an
adjudication
for the child.
This
division
does not limit or
affect a
criminal
prosecution or
juvenile court
proceeding for a
violation of
division
(B) of this
section or for
a violation of a
prohibition
that is
substantially
equivalent to
that division.
(3) Upon the request of the person who was tested, the
results
of the
chemical test shall be made available to the person
or the
person's attorney
immediately upon
completion
of the test
analysis.
The If the chemical test was administered pursuant to
division (D)(1)(b) of this section, the person tested may have a
physician,
a registered nurse,
or
a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer
a chemical
test or tests in
addition to any administered at the
direction of
a law enforcement
officer, and shall be so advised.
The failure or
inability to
obtain an additional test by a person
shall not
preclude the
admission of evidence relating to the test
or tests
taken at the
direction of a law enforcement officer.
(E)(1) In any criminal prosecution or juvenile court
proceeding for a violation of division (A) or (B) of this section
or for an equivalent violation, of a municipal ordinance relating
to operating or being in physical control of any vessel underway
or to manipulating any water skis, aquaplane, or similar device on
the waters of this state while under the influence of alcohol, a
drug of abuse, or a combination of them, or of a municipal
ordinance relating to operating or being in physical control of
any vessel underway or to manipulating any water skis, aquaplane,
or similar device on the waters of this state with a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance in the whole blood, blood serum or
plasma, breath, or urine, if a law enforcement officer has
administered a field
sobriety test to the operator or person found
to be in physical
control of the vessel underway involved in the
violation or the
person manipulating the water skis, aquaplane, or
similar device
involved in the violation and if it is shown by
clear and convincing evidence that the officer
administered the
test
in substantial compliance with the testing
standards for
reliable, credible, and generally accepted field
sobriety tests
for vehicles that were in effect at the time the
tests were
administered, including, but not limited to, any
testing standards
then in effect that have been set by the
national
highway traffic
safety administration, that by their
nature are not
clearly
inapplicable regarding the operation or
physical control
of
vessels underway or the manipulation of water
skis, aquaplanes,
or
similar devices, all of the following apply:
(a) The officer may testify concerning the results of the
field sobriety test so administered.
(b) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(c) If testimony is presented or evidence is introduced under
division (E)(1)(a) or (b) of this section and if the testimony or
evidence is admissible under the Rules of Evidence, the court
shall admit the testimony or evidence, and the trier of fact shall
give it whatever weight the trier of fact considers to be
appropriate.
(2) Division (E)(1) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(E)(1) of this section.
(F)(1)
Subject to division
(F)(3) of this section, in
any
criminal prosecution or juvenile court proceeding for a violation
of division (A) or (B) of this
section or for an equivalent
violation offense that is substantially equivalent to either of
those divisions, the court shall
admit as prima-facie
evidence a
laboratory report from any
laboratory
personnel issued a permit by
the department of health authorizing an analysis as described in
this division that
contains an analysis of
the whole blood, blood
serum or plasma,
breath, urine, or other
bodily substance tested
and that contains
all of the information
specified in this
division. The laboratory
report shall contain
all of the
following:
(a) The signature, under oath, of any person who performed
the
analysis;
(b) Any findings as to the identity and quantity of alcohol,
a
drug of abuse, a controlled substance, a metabolite of a
controlled substance, or a combination of them that was found;
(c) A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or
test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d) An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this particular analysis, under rules of the department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of
the type described in division
(F)(1) of this section is not
admissible against the
defendant
or
child to whom it pertains in any proceeding, other than a
preliminary
hearing or a grand jury proceeding, unless the
prosecutor has served a copy of the report on the
defendant's or
child's attorney or, if the defendant or child has no attorney,
on
the defendant or child.
(3) A report of the type described in division
(F)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount of any substance if, within seven days after
the defendant or child to whom the report pertains or the
defendant's
or child's attorney receives a copy of the report, the
defendant or child or
the defendant's or child's attorney demands
the testimony of the person who
signed the report. The judge in
the case may extend the seven-day
time limit in the interest of
justice.
(G) Except as otherwise provided in this division, any
physician, registered nurse, or qualified technician,
chemist,
or
phlebotomist who withdraws blood from a person
pursuant to this
section or section 1547.111 of the Revised Code, and a hospital,
first-aid station, or clinic at which
blood is withdrawn from a
person pursuant to this section or section 1547.111 of the Revised
Code, is
immune from criminal
and
civil liability
based upon a
claim of
assault and battery or
any
other
claim that is not
a
claim of
malpractice, for
any
act performed in withdrawing blood
from the
person.
The immunity
provided in this division is not
available to
a person who
withdraws blood if the person engages in
willful or
wanton
misconduct.
(H) Division (A)(6) of this section does not apply to a
person who operates or is in physical control of a vessel underway
or manipulates any water skis, aquaplane, or similar device while
the person has a concentration of a listed controlled substance or
a listed metabolite of a controlled substance in the person's
whole blood, blood serum or plasma, or urine that equals or
exceeds the amount specified in that division, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
(I)
As used in this
section
and section 1547.111 of the
Revised Code:
(1)
"Equivalent violation offense" means a violation of a
municipal
ordinance, law
of another state, or law of the United
States that
is
substantially equivalent to division (A) or (B) of
this
section has the same meaning as in section 4511.181 of the
Revised Code.
(2)
"National highway traffic safety administration" has the
same meaning as in section 4511.19 of the Revised Code.
(3)
"Operate" means that a
vessel is being used on the
waters
in this state when the vessel is not
securely affixed to a
dock or
to shore or to any permanent structure to which
the vessel
has the
right to affix or that a vessel is not anchored in a
designated
anchorage area or boat camping area that is established
by the
United States coast guard, this state, or a political
subdivision
and in which the vessel has the right to anchor.
(4) "Controlled substance" and "marihuana" have the same
meanings as in section 3719.01 of the Revised Code.
(5) "Cocaine" and "L.S.D." have the same meanings as in
section 2925.01 of the Revised Code.
(6) "Equivalent offense that is watercraft-related" means an
equivalent offense that is one of the following:
(a) A violation of division (A) or (B) of this section;
(b) A violation of a municipal ordinance prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state while under the influence of alcohol,
a drug of abuse, or a combination of them or prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state with a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the whole blood, blood serum or plasma, breath, or
urine;
(c) A violation of an existing or former municipal ordinance,
law of another state, or law of the United States that is
substantially equivalent to division (A) or (B) of this section;
(d) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of this section.
Sec. 1547.111. (A)(1)(a) Any person who operates
or is in
physical
control of a vessel or
manipulates any water skis,
aquaplane, or
similar device upon any waters
in this state shall
be deemed to
have given consent to a chemical
test or tests
to
determine the
alcohol, drug of abuse,
controlled substance,
metabolite of a controlled substance, or
combination content
of
the person's whole blood, blood serum or plasma,
breath, or
urine
if arrested
for
operating
or being
in physical
control of a vessel
or
manipulating any water
skis,
aquaplane, or
similar device in
violation of section 1547.11
of
the Revised Code
or a
substantially equivalent municipal
ordinance.
(2)(b)
The test or tests
under division (A)(1) of this
section
shall be
administered at the
direction request of a law
enforcement
officer having reasonable grounds
to believe the
person
was
operating
or in
physical control of a vessel or
manipulating
any
water skis, aquaplane, or similar device in
violation of
section
1547.11 of the Revised Code
or a
substantially equivalent
municipal
ordinance. The law enforcement
agency
by which the
officer is employed shall designate which
test
or tests shall be
administered.
(B)(2) Any person who is dead
or unconscious or
who otherwise
is in a condition rendering the person incapable
of
refusal shall
be deemed
to have
consented as
provided
in division (A)(1) of
this
section,
and the test or tests may be
administered,
subject
to
sections 313.12 to 313.16 of the Revised
Code.
(B)(1) If a law enforcement officer arrests a person for
operating or being in physical control of a vessel or manipulating
any water skis, aquaplane, or similar device in violation of
section 1547.11 of the Revised Code or a substantially equivalent
municipal ordinance and if the person previously has been
convicted of or pleaded guilty to two or more violations of
section 1547.11 of the Revised Code or other equivalent offenses,
the law enforcement officer shall request the person to submit,
and the person shall submit, to a chemical test or tests of the
person's whole blood, blood serum or plasma, breath, or urine for
the purpose of determining the alcohol, drug of abuse, controlled
substance, metabolite of a controlled substance, or combination
content of the person's whole blood, blood serum or plasma,
breath, or urine. A law enforcement officer who makes a request
pursuant to this division that a person submit to a chemical test
or tests shall advise the person at the time of
the arrest that
if the person refuses to take a chemical test the officer may
employ whatever reasonable means are necessary to ensure that the
person submits to a chemical test of the person's whole blood or
blood serum or plasma. The officer shall also advise the person at
the time of the arrest that the person may have an independent
chemical test taken at the person's own expense. The advice shall
be in written form prescribed by the chief of the division of
watercraft 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 by the arresting officer. The reading of the
form shall be witnessed by one or more persons, and the witnesses
shall certify to this fact by signing the form. Divisions
(A)(1)(b) and (A)(2) of this section apply to the
administration
of a chemical test or tests pursuant to this
division.
(2) If a person refuses to submit to a chemical test upon a
request made pursuant to division (B)(1) of this section, the law
enforcement officer who made the request may employ whatever
reasonable means are necessary to ensure that the person submits
to a chemical test of the person's whole blood or blood serum or
plasma. A law enforcement officer who acts pursuant to this
division to ensure that a person submits to a chemical test of the
person's whole blood or blood serum or plasma is immune from
criminal and civil liability based upon a claim for assault and
battery or any other claim for the acts, unless the officer so
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(C) Any person under arrest for
violating section 1547.11
of
the
Revised Code
or a
substantially equivalent municipal
ordinance
shall be advised
of
the consequences of refusing to
submit to a
chemical test
or tests
designated
as provided in
division
(A) of
this section. The advice shall be in a written
form
prescribed by
the chief of the division of watercraft 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
by the arresting
officer. The
reading of the form
shall
be witnessed by one or
more
persons, and the witnesses shall
certify to this fact by
signing
the form. The person must submit
to the chemical test or tests,
subsequent to the request of the
arresting officer, within two
hours of the time of the alleged
violation, and if the person does
not submit to the test or tests
within that two-hour time limit,
the failure to submit
automatically constitutes a refusal to
submit to the test or
tests.
(D) If
a
law enforcement officer asks a person under arrest
for
violating
section
1547.11 of the Revised Code
or a
substantially equivalent
municipal
ordinance to submit to a
chemical test
or tests as
provided in
division
(A) of this
section,
if the arresting
officer
advises
the person of the
consequences of
the
person's refusal as
provided in division (C)
of
this section,
and if the person
refuses to submit, no chemical
test
shall be
given.
Upon receipt
of
a sworn statement of
the
officer that the
arresting law
enforcement officer had
reasonable
grounds to believe the arrested
person
violated section 1547.11
of the Revised Code or
a
substantially
equivalent municipal
ordinance and that the person
refused to
submit to the chemical
test upon
the
request of the
officer, and upon receipt of the
form as provided in
division (C)
of this section certifying that
the arrested person
was advised of
the consequences of the
refusal,
the chief of the
division of
watercraft shall inform the
person by written notice
that the
person is prohibited from
operating
or being in physical
control
of a
vessel,
from
manipulating
any
water skis,
aquaplane, or
similar device, and
from
registering
any watercraft
in accordance
with section
1547.54
of
the Revised
Code, for one
year following
the date of
the
alleged
violation.
The suspension of these
operation,
physical
control,
manipulation, and
registration
privileges
shall
continue
for
the entire
one-year
period, subject
to review as
provided in
this
section.
If the person under arrest is the owner of the vessel
involved in the alleged violation, the
law enforcement officer who
arrested the person shall
seize the watercraft registration
certificate and tags from the
vessel involved in the violation and
forward them to the chief. The chief shall retain the
impounded
registration certificate and tags and shall impound
all other
registration
certificates and tags issued to the person in
accordance with sections 1547.54 and 1547.57 of the Revised Code,
for a period of one year following the date of the alleged
violation,
subject to review as provided in this section.
If the arrested person fails to surrender the
registration
certificate because it is not on the person of the
arrested person
or in the watercraft, the law enforcement
officer who made the
arrest shall order the person to
surrender it within twenty-four
hours to the law enforcement officer or the
law enforcement agency
that employs the law enforcement officer.
If the person fails to
do so, the law
enforcement officer shall notify the chief of that
fact in the
statement the officer submits to the chief under this
division.
(E) Upon suspending a person's operation,
physical control,
manipulation,
and
registration privileges in accordance with
division (D)
of this
section, the chief shall notify the
person in
writing, at
the person's last known address, and
inform the person
that the
person may
petition for a hearing in accordance with
division (F)
of this section. If a
person whose operation,
physical control,
manipulation,
and registration
privileges
have
been suspended
petitions for
a hearing or appeals any
adverse
decision, the suspension
shall
begin at the
termination
of any
hearing or appeal unless the
hearing or appeal
results in a
decision
favorable to the person.
(F) Any person who has been notified by the chief that the
person is prohibited from
operating
or being in physical control
of a vessel or
manipulating any
water skis, aquaplane, or
similar
device
and
from registering any watercraft in accordance
with
section
1547.54 of the Revised Code, or who has had the
registration
certificate and tags of the person's watercraft
impounded
pursuant
to
division (D) of this section, within twenty
days of the
notification or impoundment, may file a petition in
the municipal
court or the county court, or if the person is a
minor
in juvenile
court,
with jurisdiction
over the place
at
which
the
arrest
occurred,
agreeing to pay the cost of the
proceedings
and
alleging
error in
the action taken by the chief
under
division
(D)
of this
section or alleging one or more of the
matters within
the
scope of
the hearing as provided in this
section, or both. The
petitioner
shall notify the chief of the
filing of the
petition
and send
the
chief a copy of the petition.
The scope of the hearing is limited to the issues of
whether
the law enforcement officer had reasonable grounds to
believe the
petitioner was operating
or in physical control of a vessel
or
manipulating any water
skis, aquaplane, or similar device
in
violation of
section 1547.11
of the Revised Code or a
substantially equivalent municipal
ordinance,
whether the
petitioner was placed under arrest, whether
the petitioner
refused
to submit to the chemical test upon request
of the
officer, and
whether the petitioner was advised of the
consequences of the
petitioner's refusal.
(G)(1) The chief shall
furnish the court a copy of the
affidavit as provided in division
(C) of this section and any
other relevant information requested
by the court.
(2) In hearing the matter and in determining whether the
person has shown error in the decision taken by the chief as
provided in
division (D) of this
section, the court shall decide
the issue upon the relevant,
competent, and material evidence
submitted by the chief or the person whose
operation,
physical
control,
manipulation,
and
registration privileges have been
suspended.
In the proceedings, the chief shall be represented by
the
prosecuting attorney of the county in which the petition is
filed
if the petition is filed in a county court or juvenile
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 chief. If the
petition is filed in
the municipal court, the chief shall be
represented as provided in
section 1901.34 of the
Revised
Code.
(3) If the court finds from the evidence submitted that
the
person has failed to show error in the action taken by the
chief
under division (D) of this
section or in one or more of the
matters within the scope of the
hearing as provided in division
(F) of this section, or both,
the court shall assess the cost of
the proceeding against
the person and shall uphold the suspension
of the operation,
physical
control, use, and registration
privileges provided in division (D)
of this
section. If the court
finds that the person has shown error in
the action taken by the
chief under
division (D) of this section or in one or more of the
matters
within the scope of the hearing as provided in division
(F) of
this section, or both, the cost of the proceedings shall be
paid
out of the county treasury of the county in which the
proceedings
were held,
the chief shall reinstate the operation,
physical
control,
manipulation,
and registration privileges of
the
person
without charge, and
the chief shall
return the
registration
certificate and tags, if impounded,
without charge.
(4) The court shall give information in writing of any
action
taken under this section to the chief.
(H) At the end of any period of suspension or impoundment
imposed under this section, and upon request of the person whose
operation,
physical control, use,
and registration privileges
were
suspended or
whose registration certificate and tags were
impounded, the chief
shall reinstate the person's
operation,
physical control,
manipulation, and registration privileges by
written
notice and
return the certificate and tags.
(I) No person who has received written notice from the
chief
that the person is
prohibited from operating
or being in physical
control of a vessel,
from
manipulating any water skis,
aquaplane,
or
similar
device, and from registering a watercraft,
or who has
had
the
registration certificate and tags of the
person's
watercraft
impounded, in
accordance with division (D) of
this
section, shall
operate
or be in
physical control of a vessel
or
manipulate any water
skis, aquaplane, or
similar device for
a
period of one year
following the date of the person's
alleged
violation of section
1547.11 of the Revised Code
or the
substantially equivalent
municipal ordinance.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree.
(B) Whoever violates division (F) of section 1547.08, section
1547.10, division (I) of
section 1547.111, section 1547.13, or
section 1547.66 of the
Revised Code is guilty of a misdemeanor of
the first degree.
(C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor.
(D) Whoever violates section 1547.07 or 1547.12 of the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates section 1547.07 or 1547.12 of the
Revised Code causing injury to persons or damage to property is
guilty of a misdemeanor of the third degree.
(F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
of the
Revised Code or a rule adopted under division (A)(2) of
section
1547.52 of the Revised Code is guilty of a misdemeanor of
the
fourth degree.
(G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section.
(1) Except as otherwise provided in division (G)(2) or (3)
of
this
section, the
court shall sentence the offender to a
jail
term
of
three consecutive days and may sentence
the
offender pursuant
to
section
2929.24 of the Revised
Code to a
longer
jail term. In
addition, the
court shall impose
upon the
offender a fine of not
less than one
hundred fifty nor
more than
one thousand dollars.
The court may suspend the execution of the mandatory
jail
term of three
consecutive days
that it is required
to impose by
division (G)(1) of this section if the court, in
lieu
of the
suspended
jail term, places the offender
under a community control
sanction pursuant to section
2929.25 of the Revised Code
and
requires the
offender to attend,
for three consecutive days, a
drivers'
intervention program that
is certified pursuant to
section
3793.10 of the Revised Code. The
court also may suspend
the
execution of any part of the mandatory
jail term of three
consecutive days
that it is
required to impose by division
(G)(1)
of this section if
the court
places the offender
under a community
control
sanction pursuant to section 2929.25 of the Revised Code
for
part
of the three
consecutive days; requires the offender to
attend,
for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a
jail term
equal
to the remainder of the three consecutive days
that the
offender
does not spend attending the drivers'
intervention
program. The
court may require the offender, as a
condition of
community control, to
attend and
satisfactorily complete any
treatment or education
programs, in
addition to the required
attendance at a drivers'
intervention
program, that the operators
of the drivers'
intervention program
determine that the offender
should attend
and to report
periodically to the court on the
offender's progress
in the
programs. The court also may impose
any
other conditions of
community control on the offender that it
considers
necessary.
(2) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to one violation of
section
1547.11 of the Revised Code, of a municipal ordinance
relating to
operating a watercraft or manipulating any water skis,
aquaplane,
or similar device while under the influence of alcohol,
a drug of
abuse, or
a combination of
them, of a municipal ordinance
relating
to operating a watercraft
or manipulating any water
skis,
aquaplane, or similar device with
a prohibited
concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the
whole blood,
blood
serum or plasma, breath, or
urine, of division
(A)(1) of
section
2903.06 of the Revised Code,
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as
they existed prior to March 23,
2000, in a case in which
the jury
or judge found that the offender
was under the influence
of
alcohol, a drug of abuse, or
a combination of them or one other
equivalent offense, the
court
shall
sentence the offender to a
jail term
of
ten
consecutive
days and may sentence the offender
pursuant to
section
2929.24 of
the Revised Code to a longer
jail
term. In
addition,
the court shall impose upon the
offender a fine
of not
less than
one hundred fifty nor more than
one thousand
dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(3) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to more than one violation or
offense
identified in
division (G)(2) of this section,
the court
shall
sentence the offender to a
jail term
of thirty
consecutive
days and may sentence the
offender to a longer
jail
term
of not
more than one
year. In addition, the
court
shall impose upon the
offender a
fine of not less than one
hundred
fifty nor more than
one
thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(4) Upon a showing that
serving a jail term
would seriously
affect
the ability of an offender sentenced
pursuant to division
(G)(1),
(2), or (3) of this section to
continue the offender's
employment,
the court may authorize that
the offender be granted
work release
after the
offender has served the
mandatory jail term
of three, ten,
or
thirty consecutive days
that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release
during the
mandatory
jail term of
three, ten, or thirty consecutive days
that the
court
is required by division (G)(1), (2),
or (3) of
this section
to
impose. The duration of the work
release shall
not exceed the
time
necessary each day for the
offender to
commute to and from
the
place of employment and the
place
in which the jail term is served
and the
time
actually spent under employment.
(5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of
being imprisoned or serving a jail term,
no court shall
suspend the
mandatory jail term of ten or thirty
consecutive days
required to be imposed by
division (G)(2) or (3) of this section
or place an offender who
is
sentenced pursuant to division (G)(2)
or (3) of this section
in
any treatment program in lieu of
being
imprisoned or
serving a jail term until after the
offender has
served the
mandatory jail term of ten or thirty consecutive days
required to be imposed pursuant to division (G)(2)
or
(3) of this
section. Notwithstanding any section of the
Revised
Code that
authorizes the suspension of the imposition or
execution
of a
sentence or the placement of an offender in any
treatment
program
in lieu of
being imprisoned or serving a jail
term, no court,
except as
specifically
authorized by division
(G)(1) of this
section, shall
suspend the
mandatory jail term of
three
consecutive days
required to be
imposed by
division (G)(1) of this
section or place an offender
who is
sentenced pursuant to division
(G)(1) of this section in
any
treatment program in lieu of
imprisonment until after the
offender
has served the
mandatory
jail term of three consecutive days
required to
be imposed
pursuant to division (G)(1) of
this
section.
(6) As used in division (G) of this section, "jail:
(a) "Equivalent offense" has the same meaning as in section
4511.181 of the Revised Code.
(b) "Jail term" and
"mandatory jail term" have the same
meanings as in section 2929.01
of the Revised Code.
(H) Whoever violates section 1547.304 of the Revised Code
is
guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing
of an abandoned junk vessel or outboard motor, less any
money
accruing to the state, county, township, municipal
corporation, or
other political subdivision from that
disposal.
(I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor.
(J) Whoever violates section 1547.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree on a first offense.
On each subsequent
offense, the person is guilty of a misdemeanor
of the third degree.
(K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property.
(L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule
adopted under it
that involves a powercraft powered by more
than
ten horsepower and that, in
the opinion of the court,
involves a
threat to the safety of persons or
property, shall
order the
offender to complete successfully a boating course
approved by the
national association of state boating law
administrators
before
the offender is allowed to operate a
powercraft powered by more
than
ten horsepower on the waters in
this state. Violation of a
court order
entered under this
division is punishable as contempt
under Chapter
2705. of the
Revised Code.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23
of the Revised Code, the court imposing a sentence
upon an offender for a
felony may sentence the offender to any
financial sanction or combination of
financial
sanctions
authorized under this section or, in the circumstances specified
in section
2929.32 of the Revised Code, may impose upon
the
offender a fine in accordance with that section.
Financial
sanctions
that may be imposed pursuant to this section
include,
but are
not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based
on the victim's economic loss. If the court imposes restitution,
the court shall order that the
restitution be made
to the victim
in open court, to the adult
probation department that serves
the
county
on behalf of the
victim, to the clerk of courts, or to
another agency
designated by
the court. If the court imposes
restitution, at sentencing, the court shall determine
the
amount
of
restitution to be made by the offender.
If the court imposes
restitution, the court may
base the amount of restitution it
orders on an amount recommended
by the victim, the offender, a
presentence investigation report,
estimates or receipts indicating
the cost of repairing or
replacing property, and other
information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss
suffered by the victim as a direct and proximate result of the
commission of the offense. If the court decides to impose
restitution, the court shall hold a
hearing on restitution if the
offender, victim, or survivor
disputes the amount. All
restitution
payments
shall be credited
against any recovery of
economic loss
in a
civil action brought by
the victim or any
survivor of the
victim
against the offender.
If the court imposes restitution, the court may order that
the offender pay a surcharge of not
more than five per cent of the
amount of the restitution otherwise
ordered to the entity
responsible for collecting and processing
restitution payments.
The victim or survivor may request that the prosecutor in the
case file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this
section to one or more law enforcement agencies, with the
amount
of the fine based on a standard percentage of the
offender's daily
income over a period of time determined by the
court and based
upon the seriousness of the offense. A fine
ordered under this
division shall not exceed the
maximum conventional fine
amount
authorized for
the level of the offense under division
(A)(3) of
this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more
than twenty
thousand dollars;
(b) For a felony of the second degree, not more
than fifteen
thousand dollars;
(c) For a felony of the third degree, not more
than ten
thousand dollars;
(d) For a felony of the fourth degree, not more
than five
thousand dollars;
(e) For a felony of the fifth degree, not more
than two
thousand five hundred dollars.
(4)
A state fine or costs as defined in section 2949.111 of
the Revised Code.
(5)(a)
Reimbursement by the
offender of any or
all of the
costs of
sanctions incurred by the government,
including the
following:
(i) All or part of the costs of implementing
any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code;
(ii) All or part of the costs of confinement
under a
sanction
imposed pursuant to section 2929.14, 2929.142, or 2929.16
of the
Revised Code, provided that the amount of
reimbursement ordered
under this division shall not exceed
the total amount of
reimbursement the
offender is able to pay as determined at a
hearing and shall not exceed the
actual cost of the confinement;
(iii) All or part of the cost of purchasing and using an
immobilizing or disabling device, including a certified ignition
interlock device, or a remote alcohol monitoring device that a
court orders an offender to use under section 4510.13 of the
Revised Code.
(b) If the offender is sentenced to a sanction of
confinement
pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is
to be served in a facility
operated by a board of
county
commissioners, a legislative authority of a
municipal
corporation,
or another local governmental entity,
if, pursuant to
section
307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56,
or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised
Code,
the
board,
legislative
authority, or other local
governmental
entity requires
prisoners
to
reimburse
the county,
municipal
corporation,
or other entity
for
its expenses incurred
by reason
of the
prisoner's confinement,
and if the
court
does not
impose a
financial
sanction under
division (A)(5)(a)(ii)
of this
section,
confinement
costs may be
assessed pursuant to section
2929.37 of
the Revised Code. In
addition, the offender may be
required to pay
the fees specified
in section 2929.38 of the
Revised Code in
accordance with that
section.
(c) Reimbursement by the offender for costs
pursuant to
section
2929.71 of the Revised Code.
(B)(1) For a first, second, or third degree
felony violation
of any provision of Chapter 2925.,
3719., or 4729. of the Revised
Code, the
sentencing court shall impose upon the offender a
mandatory fine
of at least one-half of, but not more than, the
maximum statutory
fine amount authorized for the level of the
offense pursuant to
division (A)(3) of this section. If an
offender alleges in an affidavit filed
with the court prior
to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this
division, the court shall not impose the mandatory fine
upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an
offender under division (A)(2) or (3) of this section
for any
fourth or fifth degree felony violation of any provision
of
Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid
to law enforcement agencies pursuant
to division (F) of section
2925.03 of the Revised
Code.
(3) For a fourth degree felony
OVI
offense and for a third
degree felony OVI offense, the sentencing
court shall impose upon
the offender a mandatory fine
in the amount specified in division
(G)(1)(d) or (e) of section 4511.19
of the Revised
Code, whichever
is applicable. The
mandatory fine
so imposed shall be
disbursed
as
provided in
the division pursuant to which it is imposed.
(4) Notwithstanding any fine
otherwise authorized or
required
to be imposed under division
(A)(2) or (3) or (B)(1) of
this
section or section 2929.31
of the Revised Code for a
violation of
section 2925.03 of the Revised Code, in
addition to
any
penalty or
sanction imposed for that offense under section
2925.03 or
sections 2929.11 to 2929.18 of the
Revised Code and in
addition to
the
forfeiture of property in connection with the
offense as
prescribed in Chapter 2981. of the
Revised Code, the court that
sentences
an offender for a violation
of section 2925.03 of
the
Revised Code may impose upon the
offender a fine in addition to
any fine imposed under division
(A)(2) or (3) of this section
and
in addition to any mandatory
fine imposed under division
(B)(1) of
this section. The fine
imposed under division
(B)(4) of this
section shall be used as
provided in division
(H) of section
2925.03 of the Revised Code.
A
fine
imposed under division (B)(4)
of this section shall not
exceed
whichever of the following is
applicable:
(a) The total value of any personal
or real property in
which
the offender has an interest and that
was used in the course
of,
intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense;
(b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section.
(5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in Chapter 2981. of
the
Revised
Code.
(6) If the sum total of a mandatory fine amount imposed
for
a
first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section
does not
exceed the maximum statutory fine amount
authorized for
the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine
for the offense in addition to the mandatory fine
and the
fine
imposed under division (B)(4) of this section. The
sum total of
the amounts of the mandatory fine, the fine imposed
under division
(B)(4) of this
section, and the additional fine
imposed under
division
(B)(6) of this section shall
not exceed the
maximum
statutory fine amount authorized for the
level of the
offense
under division (A)(3) of this section or
section 2929.31
of the
Revised Code. The clerk of the court
shall pay any fine
that is
imposed under division
(B)(6) of this section to the
county,
township, municipal
corporation, park district as
created
pursuant
to section 511.18 or 1545.04 of the
Revised Code, or
state law
enforcement
agencies in this state that primarily were
responsible
for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements
imposed upon
the
offender pursuant to division
(A)(5)(a) of this
section to
pay
the
costs incurred by the department of rehabilitation and
correction
in operating a
prison or other facility used to confine
offenders
pursuant to sanctions
imposed under section 2929.14, 2929.142, or
2929.16 of the Revised
Code to the treasurer of state. The
treasurer of state
shall deposit the reimbursements in the
confinement cost
reimbursement fund that is hereby created in the
state
treasury. The department of rehabilitation and correction
shall
use the amounts deposited in the fund to fund the operation
of
facilities used to confine offenders pursuant to sections
2929.14, 2929.142,
and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a county pursuant to any
sanction imposed
under
this section or section 2929.16 or 2929.17
of the Revised
Code or
in operating a facility
used to confine offenders pursuant
to a
sanction imposed under
section 2929.16 of the Revised Code to
the
county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury.
The county shall use the amounts deposited in the fund
to pay the
costs incurred by the county pursuant to any sanction
imposed
under this section or section 2929.16 or 2929.17 of the
Revised
Code or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section
2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(5)(a) of this
section to pay
the
costs incurred by a municipal corporation
pursuant to any
sanction
imposed under this section or section
2929.16 or 2929.17
of the
Revised Code or in
operating a facility used to confine
offenders
pursuant to a
sanction imposed under section 2929.16 of
the
Revised
Code to the treasurer of the municipal
corporation.
The
treasurer shall deposit the reimbursements
in a special fund
that
shall be established in the
treasury of each municipal
corporation. The municipal
corporation shall use the amounts
deposited in the fund to pay
the costs incurred by the municipal
corporation pursuant to any
sanction imposed under this section or
section 2929.16 or 2929.17
of the Revised Code or in operating a
facility
used to confine offenders pursuant to a sanction imposed
under
section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed pursuant to
division
(A)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section
2929.16 or 2929.17 of the Revised Code to the provider.
(D)
Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or
(B) of this
section is a judgment in favor of the state or a
political
subdivision in which the court that imposed the
financial
sanction
is located, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of
reimbursement
imposed
pursuant to division
(A)(5)(a)(ii) of this
section upon
an
offender who is incarcerated in a state facility
or a municipal
jail is a judgment in favor of the state or the
municipal
corporation, and the offender subject to the financial sanction is
the judgment debtor. A financial sanction of reimbursement
imposed
upon an
offender pursuant to this section for costs
incurred by a
private provider of
sanctions is a judgment in favor
of the
private provider, and the offender subject to the financial
sanction is the judgment debtor. A
financial sanction of
restitution
imposed
pursuant to this section is an order in favor
of the
victim of
the offender's criminal act that can be collected
through execution as described in division (D)(1) of this section
or through an order as described in division (D)(2) of this
section, and the offender shall be considered for purposes of the
collection as the judgment debtor. Imposition of a financial
sanction and execution on the
judgment does not preclude any other
power of the court to impose or enforce
sanctions on the offender.
Once the financial sanction is
imposed as a judgment or order
under this division, the victim,
private provider, state, or
political subdivision may bring an
action to do any of the
following:
(1) Obtain execution of the judgment or order through any
available
procedure, including:
(a) An execution against the property of the
judgment debtor
under Chapter 2329. of the
Revised Code;
(b) An execution against the person of the
judgment debtor
under Chapter 2331. of the
Revised Code;
(c) A proceeding in aid of execution under
Chapter 2333. of
the Revised Code,
including:
(i) A proceeding for the examination of the
judgment debtor
under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27
of the Revised Code;
(ii) A proceeding for attachment of the person
of the
judgment debtor under section 2333.28 of the
Revised Code;
(iii) A creditor's suit under section 2333.01
of the Revised
Code.
(d) The attachment of the property of the
judgment debtor
under Chapter 2715. of the
Revised Code;
(e) The garnishment of the property of the
judgment debtor
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code.
(E) A court that imposes a financial sanction upon an
offender may hold a
hearing if necessary to determine whether the
offender is able to pay the
sanction or is likely in the future to
be able to pay it.
(F) Each court imposing a financial sanction
upon an
offender
under this section or under section
2929.32 of
the
Revised
Code
may designate
the clerk of the court
or another person to collect
the financial sanction. The
clerk or other person authorized by
law or the court to collect
the financial sanction may
enter into
contracts with one or more
public agencies or private
vendors for
the collection of, amounts
due under the financial
sanction
imposed pursuant to this
section
or section
2929.32 of
the Revised
Code. Before entering
into a
contract for the
collection of
amounts due from an offender
pursuant to any
financial sanction
imposed
pursuant to this
section or section
2929.32 of the Revised
Code,
a court
shall comply with sections
307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial
sanction under
division (A) or (B) of this section
finds that an offender
satisfactorily
has completed all other sanctions imposed upon the
offender and that all
restitution that has been ordered has been
paid as ordered, the
court may suspend any financial sanctions
imposed pursuant to this section
or section
2929.32 of the
Revised
Code that have not been
paid.
(H) No financial sanction imposed under this
section or
section
2929.32 of the Revised Code shall preclude a
victim from
bringing a civil action against the offender.
Sec. 2929.28. (A) In addition to imposing court costs
pursuant to section 2947.23 of the Revised Code, the court
imposing a sentence upon an
offender
for a misdemeanor, including
a minor misdemeanor, may
sentence the offender to any financial
sanction or
combination of
financial sanctions authorized under
this section.
If the court in its discretion imposes one or more
financial sanctions, the financial sanctions that may be imposed
pursuant to
this section
include,
but are not limited to, the
following:
(1) Unless the misdemeanor offense is a minor misdemeanor or
could be disposed of by the traffic violations bureau serving the
court under Traffic Rule 13, restitution by the offender to the
victim of the
offender's
crime or any survivor of the victim, in
an amount based
on the victim's
economic loss. The court may not
impose restitution as a sanction pursuant to this division if the
offense is a minor misdemeanor or could be disposed of by the
traffic violations bureau serving the court under Traffic Rule 13.
If the court requires restitution, the court shall order that the
restitution be made to
the victim in open court or to the adult
probation department that
serves the jurisdiction or the clerk of
the court on behalf of the
victim.
If the court imposes restitution, the court shall determine
the
amount
of restitution to be paid by the offender. If the court
imposes restitution, the court may
base the amount of restitution
it orders on an
amount recommended
by the victim, the offender, a
presentence
investigation report,
estimates or receipts indicating
the cost of
repairing or
replacing property, and other
information, provided that the amount the court orders as
restitution shall not exceed the amount of the economic loss
suffered by the victim as a direct and proximate result of the
commission of the offense. If the court decides to impose
restitution, the court
shall hold
an evidentiary hearing on
restitution if the offender, victim, or
survivor
disputes the
amount of restitution. If the court holds an evidentiary hearing,
at the hearing the victim or survivor has the burden to prove by a
preponderance of the evidence the amount of restitution sought
from the offender.
All restitution
payments
shall be credited against any
recovery of economic loss
in a civil
action brought by the victim
or any survivor of the
victim against
the offender.
If the court imposes restitution, the court may order that
the offender pay a surcharge, of not
more
than five per cent of
the amount of the restitution otherwise
ordered,
to the entity
responsible for collecting and processing
restitution
payments.
The victim or survivor may request that the
prosecutor in
the case file a motion, or the offender may file a motion, for
modification of
the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) A fine of the type described in divisions
(A)(2)(a) and
(b) of this section payable to the appropriate
entity as required
by law:
(a) A fine in the following amount:
(i) For a misdemeanor of the first degree, not more than one
thousand dollars;
(ii) For a misdemeanor of the second degree, not more than
seven
hundred fifty dollars;
(iii) For a misdemeanor of the third degree, not more than
five
hundred dollars;
(iv) For a misdemeanor of the fourth degree, not more than
two
hundred fifty dollars;
(v) For a minor misdemeanor, not more than one hundred fifty
dollars.
(b) A state fine or cost as defined in section 2949.111 of
the
Revised Code.
(3)(a) Reimbursement by the offender of any or all of the
costs
of sanctions incurred by the government, including, but not
limited to,
the following:
(i) All or part of the costs of implementing any community
control
sanction, including a supervision fee under section
2951.021 of the
Revised Code;
(ii) All or part of the costs of confinement in a jail or
other
residential facility, including, but not limited to, a per
diem fee for room
and board, the costs of
medical and dental
treatment, and the costs of repairing property
damaged by the
offender while confined;
(iii) All or part of the cost of purchasing and using an
immobilizing or disabling device, including a certified ignition
interlock device, or a remote alcohol monitoring device that a
court orders an offender to use under section 4510.13 of the
Revised Code.
(b) The amount of reimbursement ordered under
division
(A)(3)(a)
of this section shall not exceed the total
amount of
reimbursement
the offender
is able to pay and shall not
exceed the
actual cost of the sanctions. The court may collect
any amount of
reimbursement
the offender is required to pay under
that division.
If the court
does not order reimbursement under
that division,
confinement
costs may be assessed pursuant to a
repayment policy
adopted under
section 2929.37 of the Revised
Code. In addition,
the offender may be required to pay the fees specified in section
2929.38 of the Revised Code in accordance with that section.
(B) If the court determines a hearing is necessary, the
court
may hold a hearing to determine whether the offender is able
to
pay the financial sanction imposed pursuant to this section or
court costs or is likely
in
the future to be able to pay the
sanction or costs.
If the court determines that the offender is indigent and
unable to pay the financial sanction or court costs, the court
shall consider imposing and
may impose a term of community service
under
division (A) of
section 2929.27 of the Revised Code
in lieu
of
imposing a
financial sanction or court costs. If the court
does
not determine that the
offender is indigent, the court may
impose
a term of community
service
under division (A) of section
2929.27
of the Revised Code
in lieu of or in addition to
imposing
a
financial sanction under
this section and in addition to
imposing
court costs. The court may order
community service for a
minor
misdemeanor pursuant to division (C) of
section 2929.27 of
the
Revised
Code in lieu of or in addition to
imposing a financial
sanction
under this section and in addition to imposing court
costs. If a person
fails to pay a financial
sanction or court
costs, the court
may order community
service in lieu of the
financial sanction or court costs.
(C)(1) The offender shall pay reimbursements imposed upon
the
offender pursuant to division (A)(3) of this section to pay
the
costs incurred by a county pursuant to any sanction imposed
under
this section
or section 2929.26
or 2929.27 of the Revised
Code
or
in operating a facility used to
confine offenders pursuant
to a
sanction imposed under section 2929.26 of
the Revised Code to
the
county treasurer. The county
treasurer shall deposit the
reimbursements in the county's general fund.
The county shall use
the
amounts
deposited in the fund to pay the
costs incurred by the
county
pursuant to any sanction imposed
under this section or
section
2929.26 or 2929.27 of the Revised
Code or in
operating a
facility
used to confine offenders pursuant
to a sanction imposed
under
section 2929.26 of the Revised Code.
(2) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(3) of this section to pay the
costs incurred by a municipal corporation pursuant to any sanction
imposed under this section or section 2929.26 or 2929.27 of the
Revised Code or in operating a
facility used to confine offenders
pursuant to a sanction imposed under
section 2929.26 of the
Revised Code to the treasurer of the
municipal corporation. The
treasurer shall deposit the reimbursements in the municipal
corporation's general fund. The municipal corporation
shall use
the amounts
deposited in the fund to pay the costs
incurred by the
municipal
corporation pursuant to any sanction
imposed under this
section or
section 2929.26 or 2929.27 of the
Revised Code or in
operating a
facility used to confine offenders pursuant to a
sanction imposed
under
section 2929.26 of the Revised Code.
(3) The offender shall pay reimbursements imposed pursuant
to
division (A)(3) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or
section 2929.26 or 2929.27 of the Revised Code to the
provider.
(D) Except as otherwise provided in this division, a
financial
sanction imposed under division (A) of this section is a
judgment
in favor of the state or the political subdivision that
operates the court
that imposed the
financial sanction, and the
offender subject to the financial sanction is the judgment debtor.
A
financial sanction of reimbursement imposed
pursuant to division
(A)(3)(a)(i) of this
section upon an
offender is a judgment in
favor of the entity administering the community
control sanction,
and the offender subject to the financial sanction is the judgment
debtor.
A financial sanction of
reimbursement imposed pursuant to
division
(A)(3)(a)(ii) of this
section upon an offender confined
in
a jail
or other residential facility is a
judgment in favor of
the
entity
operating the jail or other residential facility, and
the offender subject to the financial sanction is the judgment
debtor. A
financial
sanction of restitution
imposed pursuant to
division
(A)(1) of
this section is an order
in favor of the victim
of the
offender's criminal act that can be collected through
execution as described in division (D)(1) of this section or
through an order as described in division (D)(2) of this section
and the offender shall be considered for purposes of the
collection as the judgment debtor.
Once the financial sanction is imposed as a judgment or order
under this division, the
victim,
private provider, state, or
political subdivision may
bring an action to
do any of the
following:
(1) Obtain execution of the judgment or order through any
available
procedure, including any of the procedures identified in
divisions
(D)(1)(a) to (e) of section 2929.18 of the Revised Code.
(2) Obtain an order for the assignment of wages of the
judgment
debtor under section 1321.33 of the Revised Code.
(E) The civil remedies authorized under division (D) of
this
section for the collection of the financial sanction supplement,
but do
not preclude, enforcement of the criminal sentence.
(F) Each court imposing a financial sanction upon an
offender
under this section may designate the clerk of the court
or another
person to collect the financial sanction. The clerk,
or another
person
authorized by law or the
court to collect the
financial
sanction may do the following:
(1) Enter into contracts with one or more public agencies or
private vendors for the collection of amounts due under the
sanction.
Before entering into a contract for the collection of
amounts due from
an offender pursuant to any financial sanction
imposed pursuant to this
section, a court shall comply with
sections 307.86 to 307.92 of
the Revised Code.
(2) Permit payment of all or any portion of the sanction in
installments, by financial transaction device if the court is a
county court or a municipal court operated by a county, by credit
or debit card or by another electronic
transfer if the court is a
municipal court not operated by a county,
or by any other
reasonable method, in any time, and on
any terms
that court
considers just, except that the maximum time
permitted
for payment
shall not exceed five years. If the court is a county court or a
municipal court operated by a county, the acceptance of payments
by any financial transaction device shall be governed by the
policy adopted by the board of county commissioners of the county
pursuant to section 301.28 of the Revised Code. If the court is a
municipal court not operated by a county, the clerk may
pay any
fee associated with processing an electronic transfer out
of
public money or may charge the fee to the offender.
(3) To defray administrative costs, charge a reasonable fee
to an
offender who elects a payment plan rather than a lump sum
payment of any
financial sanction.
(G) No financial sanction imposed under this section shall
preclude a victim from bringing a civil action against the
offender.
Sec. 2945.75. (A) When the presence of one or more
additional elements makes
an offense one of more serious degree:
(1) The affidavit, complaint, indictment, or information
either shall state
the degree of the offense which the accused is
alleged to have committed, or
shall allege such additional element
or elements. Otherwise, such affidavit,
complaint, indictment, or
information is effective to charge only the least
degree of the
offense.
(2) A guilty verdict shall state either the degree of the
offense of which
the offender is found guilty, or that such
additional element or elements are
present. Otherwise, a guilty
verdict constitutes a finding of guilty of the
least degree of the
offense charged.
(B)(1) Whenever in any case it is necessary to prove a prior
conviction, a
certified copy of the entry of judgment in such
prior conviction together with
evidence sufficient to identify the
defendant named in the entry as the
offender in the case at bar,
is sufficient to prove such prior conviction.
(2) Whenever in any case it is necessary to prove a prior
conviction of an offense for which the registrar of motor vehicles
maintains a record, a certified copy of the record that shows the
name, date of birth, and social security number of the accused is
prima-facie evidence of the identity of the accused and
prima-facie evidence of all prior convictions shown on the record.
The accused may offer evidence to rebut the prima-facie evidence
of the accused's identity and the evidence of prior convictions.
Proof of a prior conviction of an offense for which the registrar
maintains a record may also be proved as provided in division
(B)(1) of this section.
(3) If the defendant
claims a constitutional defect in any
prior
conviction, the
defendant has the burden of proving the
defect by
a preponderance
of the evidence.
Sec. 4503.231.
(A) No motor vehicle registered in the name
of
a person whose certificate of registration and identification
license plates have been impounded as provided by division
(B)(1)
of section 4507.02 of the Revised Code, and no vehicle that may be
operated pursuant to an immobilization waiver order issued
pursuant to section 4503.235 of the Revised Code, shall be
operated
on any
highway in this state unless it displays
restricted license
plates
that are a
different color from
those
regularly issued and
carry
a special
serial number that may
be
readily identified by
law
enforcement
officers. The registrar
of
motor vehicles shall
designate the
color and serial number to
be
used on
restricted
license
plates, which shall remain
the same
from
year to year and
shall
not be displayed on any other motor
vehicles.
The bureau of motor vehicles shall adopt rules providing
for
the decentralization of the issuance of
restricted
license plates
under this section. The rules shall provide for
the issuance of
the
restricted license plates by
at
least one
agency in each
county.
No person operating a motor vehicle displaying restricted
license plates
as described in this division shall knowingly
disguise or obscure the color of
the restricted plate.
(B) If a person has been granted
limited driving privileges
with a condition of the privileges
being that the person must
display on the vehicle that is driven
under the privileges
restricted license plates that are described
in this section, the
person may operate a motor vehicle that is owned by the person's
employer only if the
person is
required to operate that motor
vehicle in the course and
scope of the
person's employment. Such a
person may operate that
vehicle without
displaying on that vehicle
restricted license
plates that are
issued under this section if
the employer has been
notified that
the person has limited driving
privileges and of the
nature of the
restriction and if the person
has proof of the
employer's notification in the
person's
possession
while operating
the employer's vehicle for normal
business duties. A motor
vehicle owned by a
business that is
partly or entirely owned or
controlled by the
person with the
limited driving privileges is
not a motor vehicle
owned by an
employer, for purposes of this
division.
(C) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4503.233. (A)(1)
If a court orders is required to order
the
immobilization of
a
vehicle for a specified period of time
pursuant to
section
4510.11,
4510.14,
4510.16, 4510.161,
4510.41,
4511.19,
4511.193,
or
4511.203
of the Revised Code, the court,
subject to section 4503.235 of the Revised Code,
shall issue
the
immobilization
order
in
accordance with this division and for
the
period of time
specified
in the particular
section, and
the
immobilization
under
the order shall be in accordance with this
section. The court, at
the time of sentencing the offender for
the
offense relative to
which the immobilization order is issued
or as
soon thereafter as
is practicable, shall give a copy of the
order
to the offender or
the offender's counsel. The court
promptly
shall send a copy of
the
order
to the registrar on a form
prescribed
by the registrar
and
to the
person or agency it
designates to execute the
order.
The order shall indicate the date on which it is issued,
shall identify the vehicle that is subject to the order, and
shall
specify all of the following:
(a) The period of the immobilization;
(b) The place at which the court determines that the
immobilization shall be carried out, provided that the court
shall
not determine and shall not specify that the immobilization
is to
be carried out at any place other than a commercially
operated
private storage lot, a place owned by a law enforcement
or other
government agency, or a place to which one of the
following
applies:
(i) The place is leased by or otherwise under the control
of
a law enforcement or other government agency.
(ii) The place is owned by the offender, the offender's
spouse, or a parent or child of the offender.
(iii) The place is owned by a private person or entity,
and,
prior to the issuance of the order, the private entity or
person
that owns the place, or the authorized agent of that
private
entity or person, has given express written consent for
the
immobilization to be carried out at that place.
(iv) The place is a public street or highway on which the
vehicle is parked in accordance with the law.
(c) The person or agency designated by the court to execute
the order,
which shall be either the law enforcement agency that
employs the
law enforcement officer who seized the vehicle, a
bailiff of the court, another person the court determines to be
appropriate to execute the order, or the law enforcement agency
with jurisdiction over the place of residence of the vehicle
owner;
(d) That neither the registrar nor a deputy registrar will
be
permitted to
accept an application for the license plate
registration of any motor vehicle
in the name of the vehicle owner
until the immobilization fee is paid.
(2) The person or agency the court designates to
immobilize
the vehicle shall seize or retain that vehicle's
license plates
and forward them to the bureau of motor vehicles.
(3) In all cases, the
offender
shall be
assessed
an
immobilization fee of one hundred dollars, and the
immobilization
fee shall be paid to the registrar before
the
vehicle may be
released to the
offender.
Neither the
registrar
nor a deputy
registrar shall accept an application for
the registration of any
motor vehicle in the name of the
offender until
the
immobilization
fee is
paid.
(4) If the vehicle subject to the order is
immobilized
pursuant to the order and is found being operated
upon any street
or highway in this state during the
immobilization period, it
shall be seized, removed from the street
or highway, and
criminally forfeited and disposed of
pursuant to section 4503.234
of the Revised Code.
(5) The registrar shall deposit the immobilization fee
into
the law
enforcement reimbursement fund created by section
4501.19
of the Revised
Code. Money in the fund shall be expended
only as
provided in division
(A)(5) of this section. If the
court
designated in the
order a court bailiff or another
appropriate
person other than a
law enforcement officer to
immobilize the
vehicle, the amount of the
fee deposited into the
law enforcement
reimbursement fund shall
be paid out to the county
treasury if the
court that issued the order
is a county court, to
the treasury of
the municipal corporation
served by the court if
the court that
issued the order is a
mayor's court, or to the city
treasury of
the legislative
authority of the court, both as
defined in section
1901.03 of the
Revised Code, if the court that
issued the order is
a municipal
court. If the court designated a
law enforcement
agency to
immobilize the vehicle and if the law
enforcement agency
immobilizes the
vehicle, the amount of the fee
deposited into the
law enforcement
reimbursement fund shall be
paid out to the law
enforcement agency
to reimburse the agency for
the costs it incurs
in
obtaining immobilization equipment and, if
required, in sending
an officer or other person to search for and
locate the vehicle
specified in the immobilization order and to
immobilize the
vehicle.
In addition to the immobilization fee required to be paid
under division (A)(3) of this section, the
offender
may be
charged
expenses or charges incurred in the
removal and storage of
the
immobilized vehicle.
(B) If a court issues an immobilization
order under division
(A)(1) of this section, the person or
agency designated by the
court to execute the immobilization order
promptly shall
immobilize or continue the immobilization of the
vehicle at the
place specified by the court in the order. The registrar shall
not
authorize the release of the vehicle or authorize the
issuance
of
new
identification license plates for the vehicle at
the
end of
the immobilization period until the immobilization
fee
has been
paid.
(C) Upon receipt of the license plates for a vehicle under
this section, the
registrar shall destroy the license plates. At
the end
of the immobilization period and upon the payment of the
immobilization fee
that must be paid under this section, the
registrar shall authorize the
release of the vehicle
and authorize
the issuance, upon the payment of the same fee as
is required for
the replacement of lost, mutilated, or destroyed
license plates
and certificates of registration,
of new license plates and, if
necessary, a new
certificate of registration to the
offender for
the vehicle
in question.
(D)(1) If a court issues an immobilization order under
division (A) of this
section, the immobilization period
commences
on the day on which the vehicle in question is
immobilized. If
the
vehicle in question had been seized under section
4510.41
or
4511.195 of the Revised Code, the time between the
seizure and the
beginning of the immobilization period shall be
credited
against
the immobilization period
specified in the
immobilization order
issued under
division (A) of this section.
No
vehicle that is
immobilized
under this section is
eligible to have
restricted
license plates
under section 4503.231 of the Revised Code issued
for
that vehicle.
(2) If a court issues an immobilization order under division
(A) of this
section, if the vehicle
subject to the order is
immobilized under the order, and if the
vehicle is found being
operated upon any street or highway of
this state during the
immobilization period, it
shall be seized, removed from the street
or highway, and criminally
forfeited, and disposed of pursuant to
section
4503.234 of the Revised Code. No vehicle that is
forfeited
under
this provision shall be considered contraband for
purposes
of
Chapter 2981. of the Revised
Code, but
shall be held by the law
enforcement agency that employs
the
officer who seized it for
disposal in accordance with section
4503.234 of the Revised Code.
(3) If a court issues an immobilization order under division
(A) of this
section, and if the vehicle is not
claimed within
seven days after the end of the period of
immobilization or if the
offender has not paid the
immobilization fee, the
person or agency
that immobilized
the vehicle shall send a written
notice to the
offender at the
offender's last
known address informing
the
offender
of the date on which the period of
immobilization
ended,
that the
offender has twenty days
after the date of the
notice
to
pay the immobilization fee and
obtain the release of the
vehicle,
and that if
the
offender does not pay the
fee and obtain the
release of the vehicle within that twenty-day
period, the vehicle
will be forfeited under section 4503.234 of
the Revised
Code to
the entity that is entitled to the
immobilization fee.
(4) An
offender whose motor vehicle
is
subject to an
immobilization order issued under division (A)
of
this section
shall not sell the motor vehicle without approval
of
the court
that issued the order. If such an
offender wishes
to sell the
motor vehicle during the
immobilization
period, the
offender
shall
apply to the court that
issued the
immobilization order for
permission to assign the title to the
vehicle. If the court
is
satisfied that the sale will be in good
faith and not for the
purpose of
circumventing the provisions of
division (A)(1) of this
section, it may certify its consent to
the
offender and to
the
registrar. Upon
receipt of the
court's consent, the registrar
shall enter the court's notice
in
the
offender's vehicle license
plate registration
record.
If, during a period of immobilization under an immobilization
order issued
under division (A) of this section, the title to the
immobilized motor
vehicle is transferred by the foreclosure of a
chattel mortgage, a sale upon execution, the cancellation of a
conditional sales contract, or an order of a court, the involved
court shall notify the registrar of the
action, and the registrar
shall enter the court's notice in the
offender's
vehicle
license
plate registration record.
Nothing in this section shall be construed as requiring the
registrar or the
clerk of the court of common pleas to note upon
the certificate of title
records any prohibition regarding the
sale of a motor vehicle.
(5) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this
section is
assigned or transferred without court approval between
the time of
arrest of the
offender who committed the offense for which such
an
order is to
be issued
and the time of the actual immobilization
of
the
vehicle, the court
shall order that, for a period of two
years
from the date of the
order, neither the registrar nor any
deputy
registrar shall
accept an application for the registration
of any
motor vehicle
in the name of the
offender whose
vehicle
was
assigned or
transferred without court approval.
The court
shall
notify the
registrar of the order on a form
prescribed by
the
registrar for
that purpose.
(6) If the title to a motor vehicle that is subject to an
immobilization order under division (A) of this section is
assigned or transferred without court approval in violation of
division (D)(4) of this section, then, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds from any fine so imposed shall be distributed in the same
manner as the proceeds of the sale of a forfeited vehicle are
distributed pursuant to division (C)(2) of section 4503.234 of the
Revised Code.
(E)(1) The court with jurisdiction over the case, after
notice to all interested parties including lienholders, and after
an opportunity for them to be heard, if the
offender
fails
to
appear in person, without good cause, or if the court
finds
that
the
offender does not intend to seek
release
of the
vehicle at
the
end of the period of immobilization
or that the
offender is
not or
will not be able to
pay the
expenses and
charges incurred
in its
removal and storage,
may order that title
to the vehicle be
transferred, in order of
priority, first into
the name of the
entity entitled to the
immobilization fee under
division (A)(5) of
this section, next
into the name of a
lienholder, or lastly, into
the name of the
owner of the place of
storage.
A lienholder that receives title under a
court order shall do
so on the condition that it pay any expenses or
charges incurred
in the vehicle's removal and storage. If the entity that
receives
title to the vehicle is the entity that is entitled to the
immobilization fee under division (A)(5) of this section,
it
shall
receive title on the condition that it pay any lien on the
vehicle.
The court shall not order that title be transferred to
any person or entity
other than the owner of the place of storage
if the person or
entity refuses to receive the title. Any person
or entity that
receives title may either keep title to the vehicle
or may
dispose of the vehicle in any legal manner that it
considers
appropriate, including assignment of the certificate of
title to
the motor vehicle to a salvage dealer or a scrap metal
processing
facility. The person or entity shall not transfer
the
vehicle to the person who is the vehicle's
immediate previous
owner.
If the person or entity assigns the motor vehicle to a
salvage dealer or
scrap
metal processing facility, the person or
entity shall send the assigned
certificate of title to the motor
vehicle to the clerk of the court of common
pleas of the county in
which the salvage dealer or scrap metal processing
facility is
located. The person or entity shall mark the face of the
certificate of title with the words "FOR DESTRUCTION" and shall
deliver a photocopy of the certificate of title to the salvage
dealer or scrap
metal processing facility for its records.
(2) Whenever a court issues an order under division (E)(1)
of
this
section, the court also shall order removal of the license
plates
from the vehicle and cause them to be sent to the registrar
if
they have not already been sent to the registrar. Thereafter,
no further
proceedings shall take place under this section, but
the
offender remains liable for payment of the
immobilization fee
described in division (A)(3) of this section
if an
immobilization
order previously had been issued by the
court.
(3) Prior to initiating a proceeding under division (E)(1)
of
this section, and upon payment of the fee under division (B) of
section
4505.14 of the Revised Code, any interested party may
cause
a search to be made of the public records of the bureau of
motor vehicles or the clerk of the court of common pleas, to
ascertain the identity of any lienholder of the vehicle. The
initiating party shall furnish this information to the clerk of
the court with jurisdiction over the case,
and the clerk shall
provide notice
to the vehicle owner, the defendant, any
lienholder, and any
other interested parties listed by the
initiating party, at the
last known address supplied by the
initiating party, by certified
mail or, at the option of the
initiating party, by personal
service or ordinary mail.
As used in this section, "interested party" includes the
offender, all lienholders,
the owner
of the
place of storage, the
person or entity that caused the
vehicle to
be removed, and the
person or entity, if any, entitled
to the
immobilization fee under
division (A)(5) of this
section.
Sec. 4503.235. (A) If division (G) of section 4511.19 or
division (B) of section 4511.193 of the Revised Code requires a
court, as part of the sentence of an offender who is convicted of
or
pleads guilty to a violation of division (A) of section
4511.19 of
the Revised Code or as a sanction for an offender who
is convicted of
or pleaded guilty to a violation of a municipal
OVI ordinance, to
order the immobilization of a vehicle for a
specified period of
time, notwithstanding the requirement, the
court in its discretion
may determine not to order the
immobilization of the vehicle if
both of the following apply:
(1) Prior to the issuance of the order of immobilization, a
family or household member of the offender files a motion with
the court identifying the vehicle and requesting that the
immobilization order not be issued on the ground that the family
or household member is completely dependent on the vehicle
for
the necessities of life and that the immobilization of the
vehicle would be an undue hardship to the family or household
member.
(2) The court determines that the family or household member
who files the motion is completely dependent on the vehicle for
the
necessities of life and that the immobilization of the
vehicle
would be an undue hardship to the family or household
member.
(B) If a court pursuant to division (A) of this section
determines not to order the immobilization of a vehicle that
otherwise would be required pursuant to division (G) of section
4511.19 or division (B) of section 4511.193 of the Revised Code,
the court shall issue an order that waives the immobilization that
otherwise would be required pursuant to either of those divisions.
The immobilization waiver order shall be in effect for the period
of time for which the immobilization of the vehicle otherwise
would have been required under division (G) of section 4511.19 or
division (B) of section 4511.193 of the Revised Code if the
immobilization waiver order had not been issued, subject to
division (D) of this section. The immobilization waiver order
shall specify the period of time for which it is in effect. The
court shall provide a copy of an immobilization waiver order to
the offender and to the family or household member of the
offender who filed the motion requesting that the immobilization
order not be issued and shall place a copy of the immobilization
waiver order in the record in the case. The court shall impose an
immobilization waiver fee in the amount of fifty dollars. The
court shall determine whether the fee is to be paid by the
offender or by the family or household member. The clerk of the
court shall deposit the fee in the state treasury to the credit of
the indigent drivers alcohol treatment fund, created under
division (F) of section 4511.191 of the Revised Code.
(C) If a court pursuant to division (B) of this section
issues an immobilization waiver order, the order shall identify
the family or household member who requested the order and the
vehicle to which the order applies, shall identify the family or
household members who are permitted to operate the vehicle, and
shall
identify the offender and specify that the offender is not
permitted to operate the vehicle. The immobilization waiver order
shall require that the family or household member display on the
vehicle to which the order
applies restricted license plates that
are issued under section
4503.231 of the Revised Code for the
entire period for which the
immobilization of the vehicle
otherwise would have been required
under division (G) of section
4511.19 or division (B) of section
4511.193 of the Revised Code
if the immobilization waiver order
had not been issued.
(D) A family or household member who is permitted to
operate
a vehicle under an immobilization waiver order issued
under this
section shall not permit the offender to operate the
vehicle. If
a family or household member who is permitted to
operate a
vehicle under an immobilization waiver order issued
under this
section permits the offender to operate the vehicle,
both of the
following apply:
(1) The court that issued the immobilization waiver order
shall terminate that order and shall issue an immobilization order
in accordance with section 4503.233 of the Revised Code that
applies to the vehicle, and the immobilization order shall be in
effect for the remaining period of time for which the
immobilization of the vehicle otherwise would have been required
under division (G) of section 4511.19 or division (B) of section
4511.193 of the Revised Code if the immobilization waiver order
had not been issued.
(2) The conduct of the family or household member in
permitting the offender to operate the vehicle is a violation of
section 4511.203 of the Revised Code.
(E) No offender shall operate a motor vehicle subject to an
immobilization waiver order. Whoever violates this division is
guilty of operating a motor vehicle in violation of an
immobilization waiver, a misdemeanor of the first degree.
(F) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code, except that the person must
be currently residing with the offender.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7)(9) of this
section
apply to a judge or mayor
regarding the suspension of, or
the
grant of limited driving privileges
during a suspension of,
an
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege imposed under division (G) or (H)
of section
4511.19 of the Revised Code, under division (B)
or (C)
of section 4511.191 of the Revised Code, or under section
4510.07
of the Revised Code for a conviction of a violation of a
municipal
OVI ordinance.
(2) No judge or mayor shall suspend the following portions
of
the
suspension of an offender's driver's or commercial driver's
license or
permit or nonresident operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the Revised Code for a conviction of
a
violation of a municipal OVI ordinance, provided that division
(A)(2) of this section does not limit a court or
mayor in
crediting any period of suspension imposed pursuant to division
(B) or (C) of section 4511.191 of the Revised Code against
any
time of judicial suspension imposed pursuant to section 4511.19 or
4510.07 of the Revised Code, as described in divisions
(B)(2) and
(C)(2) of section
4511.191 of the Revised Code:
(a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code;
(b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code;
(c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code;
(d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(3) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a municipal OVI conviction
if the offender, within the preceding six years, has been
convicted of or
pleaded guilty to three or more violations of one
or more of the Revised Code sections, municipal ordinances,
statutes
of the United States or another state, or municipal
ordinances of
a municipal corporation of another state that are
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the
Revised Code.
Additionally, no judge or mayor shall grant limited driving
privileges to an offender whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended under
division (B) of section 4511.191 of the Revised
Code if the
offender, within the preceding six years, has refused
three previous requests
to consent to a chemical test of the
person's whole blood, blood serum or
plasma, breath, or urine to
determine its alcohol content.
(4) No judge or mayor shall grant limited driving privileges
for
employment as a driver of commercial motor vehicles to an
offender whose
driver's or commercial driver's license or permit
or nonresident
operating privilege has been suspended under
division (G) or
(H)
of section 4511.19 of the Revised Code, under
division (B) or (C)
of section 4511.191 of the Revised Code, or
under section 4510.07
of the Revised Code for a municipal OVI
conviction if the
offender is disqualified from operating a
commercial motor vehicle, or whose license or permit has been
suspended, under
section 3123.58 or 4506.16 of the
Revised Code.
(5) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a conviction of a
violation of a municipal OVI ordinance during any of the following
periods of time:
(a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth
day of the suspension, the court may grant limited
driving
privileges, but the court may require that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates
are equipped with
immobilizing or disabling devices that
monitor
the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code.
(b) The first thirty forty-five days of a suspension imposed
under
division
(G)(1)(b) of section 4511.19 of the Revised Code or
a
comparable
length suspension imposed under section 4510.07 of
the
Revised Code, or of a suspension
imposed under
division
(C)(1)(b)
of section 4511.191 of the
Revised Code. On or after the
thirty-first day of
suspension, the court may grant limited
driving privileges, but the court may
require that the offender
shall not exercise the privileges
unless the vehicles the offender
operates are equipped with
immobilizing or disabling devices that
monitor the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code.
(c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(d) The first one hundred eighty days of a suspension
imposed
under division (G)(1)(c) of section 4511.19 of the Revised
Code or
a comparable length suspension imposed under section
4510.07 of
the Revised Code, or of a
suspension imposed under
division
(C)(1)(c) of section 4511.191 of
the Revised Code. The
judge On or
after the first one hundred eighty days of suspension, the court
may
grant limited driving
privileges
on or after the one
hundred
eighty-first day of the suspension only if the
judge, at
the time
of granting the privileges, also
issues, and either of the
following applies:
(i) If the underlying arrest
is alcohol-related, the
court
shall issue an order that, except as provided in division
(C) of
section 4510.43 of the Revised Code,
prohibiting the
offender,
while exercising the
privileges during
the period
commencing with
the one hundred
eighty-first day of
suspension
and
ending with
the first year of
suspension, from
operating any
motor
vehicle
unless it is equipped
with an
immobilizing or
disabling
device
that monitors the
offender's
alcohol
consumption. After the
first
year of the
suspension, the
court
may authorize the
offender
to
continue
exercising the
privileges
in vehicles that
are not
equipped with
immobilizing or
disabling
devices that
monitor the
offender's
alcohol consumption,
except
as provided
in division (C)
of section
4510.43 of the
Revised
Code. If the
offender does not
petition for
limited
driving
privileges until
after the first year
of
suspension, the
judge
may grant limited
driving privileges
without
requiring the
use of
an immobilizing
or disabling device
that
monitors the
offender's
alcohol
consumption. for the
remainder of the period of
suspension the
offender shall not
exercise the privileges unless
the vehicles
the offender operates
are equipped with a certified
ignition
interlock device.
(ii) If the underlying arrest is drug-related, the court
in
its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(e) The first forty-five days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code. On or after the forty-sixth day of the suspension,
the court may grant limited driving privileges, and either of the
following applies:
(i) If the underlying conviction is alcohol-related, the
court
shall issue an order that, except as provided in division
(C) of
section
4510.43 of the Revised Code, for the remainder of
the
period of suspension
the offender shall not exercise the
privileges unless the vehicles
the offender operates are equipped
with a certified ignition
interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(f) The first one hundred eighty days of a suspension imposed
under
division (G)(1)(c) of section 4511.19 of the Revised Code
or a
comparable length suspension imposed under section 4510.07
of the
Revised Code. On or after the one hundred eighty-first day
of the suspension,
the court may grant limited driving
privileges, and either of the following applies:
(i) If the underlying conviction is alcohol-related, the
court
shall issue an order that, except as
provided in division
(C) of
section
4510.43 of the Revised Code,
for the remainder
of the
period of suspension
the offender shall
not exercise the
privileges unless the vehicles
the offender
operates are
equipped with a certified ignition
interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(g)
The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the
Revised Code, or of a
suspension imposed under
division
(C)(1)(d)
of section 4511.191 of the
Revised Code. The
judge On
or after the first three years of suspension, the court may
grant
limited driving privileges after the first three
years of
suspension only if the judge, at the time of granting the
privileges, also issues an order, and either of the following
applies:
(i) If the underlying conviction is alcohol-related, the
court shall issue an order that prohibiting the offender from
operating any
motor vehicle, for the period of suspension
following the first
three years of suspension, unless the motor
vehicle is equipped
with an immobilizing or disabling device
that
monitors the
offender's alcohol
consumption, except as
provided in
division
(C) of section 4510.43
of the Revised Code,
for the remainder of
the period of suspension the offender shall
not exercise the
privileges unless the vehicles the offender
operates are equipped
with a certified ignition interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(6) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(B) of section 4511.191 of the Revised Code during any of
the following periods of time:
(a) The first thirty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code;
(b) The first ninety days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code;
(c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code;
(d) The first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code.
(7) In any case in which a judge or mayor grants limited
driving
privileges to an offender whose driver's or commercial
driver's license
or permit or nonresident operating privilege has
been suspended under
division (G)(1)(b), (c), (d), or (e) of
section 4511.19 of the
Revised Code, under division (G)(1)(a) of
section 4511.19 of the Revised Code for a violation of division
(A)(1)(f), (g), (h), or (i) of that section, or under
section
4510.07 of the Revised Code for a
municipal OVI
conviction for
which sentence would have been imposed under division
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of
the Revised Code had the offender been charged with and convicted
of a violation of section 4511.19 of the Revised Code instead of a
violation of the municipal OVI ordinance, the judge or mayor shall
impose as a
condition of the privileges
that the offender must
display on the
vehicle that is driven subject to the
privileges
restricted
license plates that are issued under section 4503.231
of the
Revised Code, except
as provided in division (B) of that
section.
(8) In any case in which the offender operates a motor
vehicle that is not equipped with an ignition interlock device,
circumvents the device, or tampers with the device or in any case
in which the court receives notice pursuant
to section 4510.46 of
the Revised Code that a certified ignition
interlock device
required by an order issued under division
(A)(5)(e), (f), or (g)
of this section prevented an offender from
starting a motor
vehicle, the following applies:
(a) If the offender was sentenced under division (G)(1)(b) of
section 4511.19 of the Revised Code, on a first instance the court
may require the offender to
wear a monitor
that provides
continuous alcohol monitoring that is
remote. On a second
instance, the court shall require the offender to wear a monitor
that provides continuous alcohol monitoring that is remote for a
minimum of forty days. On a third instance or more, the court
shall require the offender to wear a monitor that provides
continuous alcohol monitoring that is remote for a minimum of
sixty days.
(b) If the offender was sentenced under division (G)(1)(c),
(d), or (e) of section 4511.19 of the Revised Code, on a first
instance the court shall require the offender to wear a monitor
that provides continuous alcohol monitoring that is remote for a
minimum of forty days. On a second instance or more, the court
shall require the offender to wear a monitor that provides
continuous alcohol monitoring that is remote for a minimum of
sixty days.
(9) In any case in which the court issues an order under
this section prohibiting an offender from exercising limited
driving privileges unless the vehicles the offender operates are
equipped with an immobilizing or disabling device, including a
certified ignition interlock device, or requires an offender to
wear a monitor that provides continuous alcohol monitoring that is
remote, the court shall impose an additional court cost of two
dollars and fifty cents upon the offender. The court shall not
waive the payment
of the two dollars and fifty cents unless the
court determines that the offender
is indigent and waives the
payment of all court costs imposed upon
the indigent offender.
The clerk of court shall retain one hundred per cent of this court
cost. The clerk of court shall
transmit one hundred per cent of
this court
cost collected during a month on the first
business
day of the following month to the state treasury to be
credited
to the state highway safety fund created under section
4501.06 of
the Revised Code, to be used by the department of
public safety
to cover costs associated with maintaining the
habitual OVI/OMWI
offender registry created under section 5502.10
of the Revised
Code. In its discretion the court may impose an additional court
cost of two dollars and fifty cents upon the offender. The clerk
of court shall retain this two dollar and fifty cent court cost,
if imposed, and shall deposit it in the court's special projects
fund that is established under division (E)(1) of section 2303.201
or division (B)(1) of section 1901.26 of the Revised Code.
(10) In any case in which the court issues an order under
this section prohibiting an offender from exercising limited
driving privileges unless the vehicles the offender operates are
equipped with an immobilizing or disabling device, including a
certified ignition interlock device, the court shall notify the
offender at the time the offender is granted limited driving
privileges that, in accordance with section 4510.46 of the Revised
Code, if the court receives notice that the device prevented the
offender from starting the motor vehicle because the device was
tampered with or circumvented or because the analysis of the
deep-lung breath sample or other method employed by the device to
measure the concentration by weight of alcohol in the offender's
breath indicated the presence of alcohol in the offender's breath
in a concentration sufficient to prevent the device from
permitting the motor vehicle to be started, the court may increase
the period of suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege from
that originally imposed by the court by a factor of two and may
increase the period of time during which the offender will be
prohibited from exercising any limited driving privileges granted
to the offender unless the vehicles the offender operates are
equipped with a certified ignition interlock device by a factor of
two.
(B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance may file a petition for
limited driving
privileges during the suspension. The person shall file the
petition
in the court that has jurisdiction over the
place of
arrest. Subject to division (A) of this section, the court
may
grant the person limited driving privileges during the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section.
(C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331,
2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99
of the Revised Code, any
provision of
Chapter 2925. of the Revised
Code, or section
4510.07
of the Revised Code for a violation of a
municipal
OVI ordinance,
the judge of the
court or
mayor of the
mayor's court that
suspended the license, permit, or privilege
shall cause the
offender to deliver to the court
the license or
permit. The
judge, mayor, or clerk of the court or
mayor's court
shall
forward
to the registrar the license or permit together with
notice of the
action of the court.
(2) A suspension of a commercial driver's license under any
section or chapter identified in division (C)(1) of this section
shall be concurrent with any period of suspension or
disqualification under
section 3123.58 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 this chapter during
the period for which
the commercial driver's license was suspended
under this section,
and no person whose commercial driver's
license is suspended under
any section or chapter identified in
division (C)(1) of this
section
shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period of the
suspension.
(3) No judge or mayor shall suspend any class one
suspension,
or any portion of any class one suspension, imposed under section
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No
judge or
mayor shall suspend the first thirty days of any class
two, class
three, class four, class five, or class six suspension
imposed
under section 2903.06, 2903.08, 2903.11, 2923.02, or
2929.02 of the Revised Code.
(D) The judge of the court or mayor of the mayor's court
shall
credit any time during which an offender was subject to an
administrative
suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege
imposed pursuant to section 4511.191 or 4511.192 of the Revised
Code or a suspension imposed by a judge,
referee, or mayor
pursuant to division (B)(1) or (2) of
section 4511.196 of the
Revised Code against the time to be
served
under a related
suspension imposed pursuant to any section or chapter
identified
in division (C)(1) of this section.
(E) The judge or mayor shall notify the bureau of motor
vehicles
of any determinations made pursuant to this section and
of any suspension
imposed pursuant to any section or chapter
identified in division
(C)(1) of this section.
(F)(1) If a court issues an immobilizing or disabling device
order under section 4510.43 of the Revised Code, the order
shall
authorize the offender during the specified period to operate a
motor vehicle
only if it is equipped with an immobilizing or
disabling device, except as
provided in division (C) of that
section. The court
shall provide the offender with a copy of an
immobilizing or disabling
device order issued under section
4510.43 of the Revised
Code, and the offender shall use the copy
of the order
in lieu of an Ohio driver's or
commercial driver's
license or permit until the registrar or a deputy
registrar issues
the
offender a restricted license.
An order issued under section 4510.43 of the Revised Code
does not
authorize or permit the offender to whom it has been
issued to operate a
vehicle during any time that the offender's
driver's or commercial driver's
license or
permit is suspended
under any other provision of law.
(2) An offender may present an immobilizing or disabling
device
order to the registrar or to a deputy registrar. Upon
presentation of
the order to the registrar or a deputy registrar,
the registrar or
deputy registrar shall issue the offender a
restricted license. A
restricted license issued under this
division shall be identical
to an Ohio driver's license, except
that it shall have printed on
its face a statement that the
offender is prohibited during the period
specified in the court
order from operating any
motor vehicle that is not equipped with
an immobilizing or
disabling device. The date of commencement and
the
date of termination of the period of suspension shall be
indicated
conspicuously
upon the face of the license.
Sec. 4510.43. (A)(1)
The director of public safety, upon
consultation with the director of health and in accordance with
Chapter 119. of the Revised Code,
shall certify immobilizing and
disabling devices
and, subject to section 4510.45 of the Revised
Code, shall publish and make
available to the
courts, without
charge, a list of licensed manufacturers of ignition interlock
devices and
approved devices together with
information about the
manufacturers
of the devices and where they
may be obtained. The
manufacturer of an
immobilizing or disabling
device shall pay the
cost of
obtaining the certification of the
device
to the director
of
public safety, and the director shall
deposit the payment in
the drivers'
treatment and
intervention
fund established by
sections 4511.19 and 4511.191 of
the Revised
Code.
(2) The director of public safety, in accordance with
Chapter
119. of the Revised Code, shall adopt and publish rules
setting
forth the requirements for obtaining the certification of
an
immobilizing or disabling device. The director of public
safety
shall not
certify an immobilizing or disabling
device under
this
section unless it meets the requirements specified and
published
by the director in the rules adopted pursuant to this
division. A
certified device may consist of an
ignition interlock
device, an
ignition blocking device initiated
by time or magnetic
or
electronic encoding, an activity monitor,
or any other device
that
reasonably assures compliance with an
order granting limited
driving privileges. Ignition interlock devices shall be certified
annually.
The requirements for an immobilizing or disabling device that
is
an ignition interlock device shall require that the
manufacturer of the device submit to the department of public
safety a certificate from an independent testing laboratory
indicating that the device meets or exceeds the standards of the
national highway traffic safety administration, as defined in
section 4511.19 of the Revised Code, that are in effect at the
time of the director's decision regarding certification of the
device, shall include provisions for
setting a
minimum and maximum
calibration range, and shall include,
but shall not
be limited to,
specifications that the device
complies with all of
the following:
(a)
It does not impede the safe operation of the vehicle.
(b)
It has features that make circumvention difficult and
that do
not interfere with the normal use of the vehicle, and the
features are operating and functioning.
(c)
It correlates well with established measures of alcohol
impairment.
(d)
It works accurately and reliably in an unsupervised
environment.
(e)
It is resistant to tampering and shows evidence of
tampering
if tampering is attempted.
(f)
It is difficult to circumvent and requires premeditation
to
do so.
(g)
It minimizes inconvenience to a sober user.
(h)
It requires a proper, deep-lung breath sample or other
accurate measure of the concentration by weight of alcohol in the
breath.
(i)
It operates reliably over the range of automobile
environments.
(j)
It is made by a manufacturer who is covered by product
liability insurance.
(3) The director of public safety may adopt, in whole or in
part,
the guidelines, rules, regulations, studies, or independent
laboratory
tests performed and relied upon by other states, or
their agencies or
commissions, in the certification or approval of
immobilizing or
disabling devices.
(4) The director of public safety shall adopt rules in
accordance
with Chapter 119. of the Revised Code for the
design of
a warning
label that shall be affixed to each immobilizing or
disabling
device upon installation. The label shall contain a
warning that
any person tampering, circumventing, or otherwise
misusing the
device is subject to a fine, imprisonment, or both
and may be
subject to civil liability.
(B)
A court considering the use of a prototype device in a
pilot
program shall advise the director of public safety, thirty
days before the
use, of the prototype device and its protocol,
methodology, manufacturer, and licensor, lessor, other agent, or
owner, and the length of the court's pilot program. A prototype
device shall not be used for a violation of section 4510.14
or
4511.19 of the Revised Code, a violation of a municipal OVI
ordinance, or in relation to a
suspension
imposed under section
4511.191 of the Revised
Code. A court that
uses a prototype
device
in a pilot program,
periodically during
the existence of
the
program and within fourteen days
after
termination of the
program,
shall report in writing to the
director of
public safety
regarding
the effectiveness of the
prototype device and the
program.
(C)
If a person has been
granted limited driving privileges
with a condition of the privileges being
that the motor vehicle
that is
operated under the privileges must be equipped with an
immobilizing or
disabling device, the person may operate a motor
vehicle that is owned by the person's employer only if the
person
is
required to operate that motor vehicle
in the course and
scope
of the offender's employment. Such a person may operate
that
vehicle without the installation of an immobilizing or
disabling
device, provided that the employer has been notified
that the
person has limited driving privileges and of the nature
of the
restriction and further provided that the person has proof of the
employer's
notification in the person's possession while
operating
the
employer's vehicle for normal business duties. A
motor vehicle
owned by a business that is partly or entirely owned
or controlled
by a person with limited driving privileges is
not a motor vehicle
owned by an employer, for purposes of this
division.
Sec. 4510.45. (A)(1) A manufacturer of ignition interlock
devices that desires for its devices to be certified under section
4510.43 of the Revised Code and then to be included on the list of
certified devices that the department of public safety compiles
and makes available to courts pursuant to that section first shall
obtain a license from the department under this section. The
department, in accordance with Chapter 119. of the Revised Code,
shall adopt any rules that are necessary to implement this
licensing requirement.
(2) A manufacturer shall apply to the department for the
license and shall include all information the department may
require by rule. Each application, including an application for
license renewal, shall be accompanied by an application fee of one
hundred dollars, which the department shall deposit into the state
treasury to the credit of the indigent drivers alcohol treatment
fund created by section 4511.191 of the Revised Code.
(3) Upon receipt of a completed application, if the
department finds that a manufacturer has complied with all
application requirements, the department shall issue a license to
the manufacturer. A manufacturer that has been issued a license
under this section is eligible immediately to have the models of
ignition interlock devices it produces certified under section
4510.43 of the Revised Code and then included on the list of
certified devices that the department compiles and makes available
to courts pursuant to that section.
(4)(a) A license issued under this section shall expire
annually on a date selected by the department. The department
shall reject the license application of a manufacturer if any of
the following apply:
(i) The application is not accompanied by the application
fee.
(ii) The department finds that the manufacturer has not
complied with all application requirements.
(iii) The license application is a renewal application and
the manufacturer failed to file the annual report or failed to pay
the fee as required by division (B) of this section.
(b) A manufacturer whose license application is rejected by
the department may appeal the decision to the director of public
safety. The director or the director's designee shall hold a
hearing on the matter not more than thirty days from the date of
the manufacturer's appeal. If the director or the director's
designee upholds the denial of the manufacturer's application for
a license, the manufacturer may appeal the decision to the
Franklin county court of common pleas. If the director or the
director's designee reverses the denial of the manufacturer's
application for a license, the director or the director's designee
shall issue a written order directing that the department issue a
license to the manufacturer.
(B) Every manufacturer of ignition interlock devices that is
issued a license under this section shall file an annual report
with the department on a form the department prescribes on or
before a date the department prescribes. The annual report shall
state the amount of net profit the manufacturer earned during a
twelve-month period specified by the department that is
attributable to the sales of that manufacturer's certified
ignition interlock devices to purchasers in this state. Each
manufacturer shall pay a fee equal to five per cent of the amount
of the net profit
described in this division.
The department may permit annual reports to be filed via
electronic means.
(C) The department shall deposit all fees it
receives from
manufacturers under this section into the state
treasury to the
credit of the indigent drivers alcohol treatment
fund created by
section 4511.191 of the Revised Code. All money so
deposited into
that fund that is paid by the department of alcohol
and drug
addiction services to county indigent drivers alcohol
treatment
funds, county juvenile indigent drivers alcohol
treatment funds,
and municipal indigent drivers alcohol treatment
funds shall be
used only as described in division (H)(3) of
section 4511.191
of
the Revised Code.
(D)(1) The director may make an assessment, based on any
information in the director's possession, against any manufacturer
that fails to file an annual report or pay the fee required by
division (B) of this section. The director, in
accordance with
Chapter 119. of the Revised Code, shall adopt
rules governing
assessments and assessment procedures and related
provisions. In
adopting these rules, the director shall
incorporate the
provisions of section 5751.09 of the Revised Code
to the greatest
extent possible, except that the director is not
required to
incorporate any provisions of that section that by
their nature
are not applicable, appropriate, or necessary to
assessments made
by the director under this section.
(2) A manufacturer may appeal the final determination of the
director regarding an assessment made by the director under this
section. The director, in accordance with Chapter 119. of the
Revised Code, shall adopt rules governing such appeals. In
adopting these rules, the director shall incorporate the
provisions of section 5717.02 of the Revised Code to the greatest
extent possible, except that the director is not required to
incorporate any provisions of that section that by their nature
are not applicable, appropriate, or necessary to appeals of
assessments made by the director under this section.
(E) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt a penalty schedule setting forth the
monetary penalties to be imposed upon a manufacturer that is
issued a license under this section and fails to file an annual
report or pay the fee required by division (B) of this section in
a timely manner. The penalty
amounts shall not exceed the maximum
penalty amounts established
in section 5751.06 of the Revised
Code for similar or equivalent
facts or circumstances.
(F)(1) No manufacturer of ignition interlock devices that is
required by division (B) of this section to file an annual report
with the department or to pay a fee shall fail to do so
as
required by that division.
(2) No manufacturer of ignition interlock devices that is
required by division (B) of this section to file an annual report
with the department shall file a report that contains incorrect or
erroneous information.
(G) Whoever violates division (F)(2) of this section is
guilty of a misdemeanor of the first degree. The department shall
remove from the list of certified devices described in division
(A)(1) of this section the ignition interlock devices manufactured
by a manufacturer that violates division (F)(1) or (2) of this
section.
Sec. 4510.46. (A) A governmental agency, bureau, department,
or office, or a private corporation, or any other entity that
monitors certified ignition interlock devices for or on behalf of
a court shall inform the court whenever such a device that has
been installed in a motor vehicle indicates that it has prevented
an offender whose driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended by a
court
under division (G)(1)(a), (b), (c), (d), or (e) of section
4511.19 of the Revised Code and who has been granted limited
driving privileges under section 4510.13 of the Revised Code from
starting the motor vehicle because the device was tampered with or
circumvented or because the analysis of the deep-lung
breath
sample or other method employed by the ignition interlock
device
to measure the concentration by weight of alcohol in the
offender's breath indicated the presence of alcohol in the
offender's breath in a concentration sufficient to prevent the
ignition interlock device from permitting the motor vehicle to be
started.
(B) Upon receipt
of such information pertaining to an
offender whose driver's or commercial driver's license or permit
or nonresident operating privilege has been suspended by a court
under division (G)(1)(b), (c), (d), or (e) of section 4511.19 of
the Revised Code and who has been granted limited driving
privileges under section 4510.13 of the Revised Code, the court
shall
send a
notice to the offender stating
that it has
received
evidence of an
instance described in
division (A) of
this
section. If a court pursuant to division (A)(8) of section
4510.13 of the Revised Code requires the offender to wear an
alcohol monitor, the notice
shall state that
because of this
instance
the offender is
required to wear a
monitor that
provides for
continuous alcohol
monitoring in
accordance with
division (A)(8)
of section 4510.13
of the Revised
Code. The
notice
shall
further state that because
of this
instance the
court may
increase the period of suspension
of the
offender's
driver's
or commercial driver's license or
permit or
nonresident
operating
privilege from that originally
imposed by
the court
by a
factor
of two and may increase the
period of
time during
which the
offender will be prohibited from
exercising any
limited driving
privileges granted to the
offender
unless the
vehicles the
offender operates are equipped
with a
certified
ignition interlock
device by a factor of two.
The notice shall state whether the court will impose these
increases and, if so, that these increases will take effect
fourteen days from the date of the notice unless the offender
files a timely motion with the court, appealing the increases in
the
time described in this division and requesting a hearing on
the
matter. Any such motion that is filed within that
fourteen-day
period shall be considered to be filed in a timely
manner, and any
such motion that is filed after that fourteen-day
period shall be
considered not to be filed in a timely manner. If
the offender
files a timely motion, the court may hold a
hearing
on the
matter. The scope of the hearing is limited to
determining whether
the offender in fact was prevented from
starting a motor vehicle
that is equipped with a certified
ignition interlock device
because the device was tampered with or
circumvented or because
the analysis of the deep-lung breath
sample or other
method
employed by the ignition interlock device
to measure the
concentration by weight of alcohol in the
offender's breath
indicated the presence of alcohol in the
offender's breath in a
concentration sufficient to prevent the
ignition interlock device
from permitting the motor vehicle to be
started.
If the court finds by a preponderance of the evidence that
this instance as indicated by the ignition interlock device in
fact did occur, it may deny the offender's appeal and issue the
order increasing the relevant periods of time described in this
division. If the court finds by a preponderance of the evidence
that this instance as indicated by the ignition interlock device
in fact did not occur, it shall grant the offender's appeal and no
such order shall be issued.
(C) In no case shall any period of suspension of an
offender's driver's or commercial driver's license or permit or
nonresident operating privilege that is increased by a factor of
two or any period of time during which the offender is prohibited
from exercising any limited driving privileges granted to the
offender unless the vehicles the offender operates are equipped
with a certified ignition interlock device that is increased by a
factor of two exceed the maximum period of time for which the
court originally was authorized to suspend the offender's driver's
or commercial driver's license or permit or nonresident operating
privilege under division (G)(1)(a), (b), (c), (d), or (e) of
section 4511.19 of the Revised Code.
(D) Nothing in this section shall be construed as prohibiting
the court from revoking an individual's driving privileges.
Sec. 4511.181. As used in sections 4511.181 to 4511.197
4511.199 of
the Revised Code:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of section
4511.19 of
the Revised Code;
(2) A violation of a municipal OVI ordinance;
(3) A violation of 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;
(4) A violation of division (A)(1) of section 2903.06 or
2903.08
of the Revised Code or a municipal ordinance that is
substantially equivalent to either of
those divisions;
(5) A violation of division (A)(2), (3), or (4) of section
2903.06, division (A)(2) of section 2903.08, or former section
2903.07
of the Revised Code, or a municipal ordinance that is
substantially equivalent to any of
those divisions or that former
section, in a case in which a judge or jury as
the trier of fact
found that the offender was under the influence of alcohol, a drug
of
abuse, or a combination of them;
(6) A violation of division (A) or (B) of section 1547.11 of
the Revised Code;
(7) A violation of a municipal ordinance prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state while under the influence of alcohol,
a drug of abuse, or a combination of them or prohibiting a person
from operating or being in physical control of any vessel underway
or from manipulating any water skis, aquaplane, or similar device
on the waters of this state with a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the whole blood, blood serum or plasma, breath, or
urine;
(8) A violation of an existing or former municipal
ordinance,
law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of section
4511.19
or division (A) or (B) of section 1547.11 of the
Revised Code;
(7)(9) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section
4511.19
or division (A) or (B) of section 1547.11
of the Revised Code.
(B)
"Mandatory jail term" means the mandatory term in jail
of
three, six, ten, twenty, thirty, or sixty days that must be
imposed under
division
(G)(1)(a), (b), or
(c) of section
4511.19
of the Revised Code upon an offender convicted of a
violation of
division (A) of that section and in relation to which
all of the
following apply:
(1) Except as specifically authorized under section 4511.19
of the Revised Code, the term
must be served in a jail.
(2) Except as specifically authorized under section 4511.19
of
the Revised Code, the term cannot be suspended, reduced, or
otherwise modified pursuant to
sections
2929.21 to 2929.28 or any
other
provision of the Revised Code.
(C)
"Municipal OVI ordinance" and "municipal
OVI offense"
mean any
municipal ordinance prohibiting a person from operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a combination of them or
prohibiting
a person from operating a
vehicle with a prohibited concentration
of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood, blood serum or plasma, breath, or
urine.
(D)
"Community residential sanction," "jail," "mandatory
prison
term," "mandatory term of local incarceration," "sanction,"
and "prison term"
have the same meanings as in
section 2929.01 of
the Revised Code.
(E) "Drug of abuse" has the same meaning as in section
4506.01 of the Revised Code.
(F) "Equivalent offense that is vehicle-related" means an
equivalent offense that is any of the following:
(1) A violation described in division (A)(1), (2), (3), (4),
or (5) of this section;
(2) A violation of an existing or former municipal ordinance,
law of another state, or law of the United States that is
substantially equivalent to division (A) or (B) of section 4511.19
of the Revised Code;
(3) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section 4511.19
of the Revised Code.
Sec. 4511.19. (A)(1) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply:
(a) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them.
(b) The person has a concentration of eight-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood.
(c)
The person has a concentration of ninety-six-thousandths
of
one per
cent or more but less than two hundred four-thousandths
of
one per cent
by weight per unit volume of alcohol in the
person's
blood serum or
plasma.
(d) The person has a concentration of eight-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath.
(e) The person has a concentration of eleven-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine.
(f) The person has a concentration of
seventeen-hundredths
of
one per cent or more by weight
per unit
volume
of alcohol in
the
person's
whole blood.
(g)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma.
(h) The person has a concentration of
seventeen-hundredths
of
one gram or more by weight of alcohol per
two hundred ten
liters
of the person's breath.
(i) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(j) Except as provided in division (K) of this section, the
person has a concentration of any of the following controlled
substances or metabolites of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds any of the following:
(i) The person has a concentration of amphetamine in the
person's urine of at least five hundred nanograms of amphetamine
per milliliter of the person's urine or has a concentration of
amphetamine in the person's whole blood or blood serum or plasma
of at least one hundred nanograms of amphetamine per milliliter of
the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the
person's urine of at least one hundred fifty nanograms of cocaine
per milliliter of the person's urine or has a concentration of
cocaine in the person's whole blood or blood serum or plasma of at
least fifty nanograms of cocaine per milliliter of the person's
whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in
the person's urine of at least one hundred fifty nanograms of
cocaine metabolite per milliliter of the person's urine or has a
concentration of cocaine metabolite in the person's whole blood or
blood serum or plasma of at least fifty nanograms of cocaine
metabolite per milliliter of the person's whole blood or blood
serum or plasma.
(iv) The person has a concentration of heroin in the person's
urine of at least two thousand nanograms of heroin per milliliter
of the person's urine or has a concentration of heroin in the
person's whole blood or blood serum or plasma of at least fifty
nanograms of heroin per milliliter of the person's whole blood or
blood serum or plasma.
(v) The person has a concentration of heroin metabolite
(6-monoacetyl morphine) in the person's urine of at least ten
nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's urine or has a concentration of heroin
metabolite (6-monoacetyl morphine) in the person's whole blood or
blood serum or plasma of at least ten nanograms of heroin
metabolite (6-monoacetyl morphine) per milliliter of the person's
whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's
urine of at least twenty-five nanograms of L.S.D. per milliliter
of the person's urine or a concentration of L.S.D. in the person's
whole blood or blood serum or plasma of at least ten nanograms of
L.S.D. per milliliter of the person's whole blood or blood serum
or plasma.
(vii) The person has a concentration of marihuana in the
person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of
marihuana in the person's whole blood or blood serum or plasma of
at least two nanograms of marihuana per milliliter of the person's
whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of
abuse, or a combination of them, and, as measured by gas
chromatography mass spectrometry, the person has a concentration
of marihuana metabolite in the person's urine of at least fifteen
nanograms of marihuana metabolite per milliliter of the person's
urine or has a concentration of marihuana metabolite in the
person's whole blood or blood serum or plasma of at least five
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the
person has a concentration of marihuana metabolite in the person's
urine of at least thirty-five nanograms of marihuana metabolite
per milliliter of the person's urine or has a concentration of
marihuana metabolite in the person's whole blood or blood serum or
plasma of at least fifty nanograms of marihuana metabolite per
milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the
person's urine of at least five hundred nanograms of
methamphetamine per milliliter of the person's urine or has a
concentration of methamphetamine in the person's whole blood or
blood serum or plasma of at least one hundred nanograms of
methamphetamine per milliliter of the person's whole blood or
blood serum or plasma.
(x) The person has a concentration of phencyclidine in the
person's urine of at least twenty-five nanograms of phencyclidine
per milliliter of the person's urine or has a concentration of
phencyclidine in the person's whole blood or blood serum or plasma
of at least ten nanograms of phencyclidine per milliliter of the
person's whole blood or blood serum or plasma.
(2) No person who, within twenty years of the conduct
described in division (A)(2)(a) of this section, previously has
been convicted of or pleaded guilty to a violation of this
division, a violation of division (A)(1) or (B) of this section,
or a municipal
OVI any other equivalent offense shall do both of
the following:
(a) Operate any vehicle, streetcar, or trackless trolley
within this state while under the influence of alcohol, a drug of
abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle,
streetcar, or trackless trolley as described in division (A)(2)(a)
of this section, being asked by a law enforcement officer to
submit to a chemical test or tests under section 4511.191 of the
Revised Code, and being advised by the officer in accordance with
section 4511.192 of the Revised Code of the consequences of the
person's refusal or submission to the test or tests, refuse to
submit to the test or tests.
(B) No person under twenty-one years of age shall operate
any
vehicle, streetcar, or trackless trolley within this state,
if,
at
the time of the operation, any of the following
apply:
(1) The person has a concentration of at least
two-hundredths
of one per cent but less than eight-hundredths of
one
per cent by
weight
per unit volume of alcohol in the person's
whole blood.
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than
ninety-six-thousandths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma.
(3) The person has a concentration of at least
two-hundredths
of one gram but less than eight-hundredths of one
gram by weight
of alcohol per two hundred ten liters of the
person's breath.
(4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
eleven-hundredths of
one
gram by weight of alcohol per one
hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1)(a) or (A)(2)
and a
violation
of division (B)(1), (2), or (3) of this section,
but
the person
may not be convicted of more than one violation of
these
divisions.
(D)(1)(a) In any criminal prosecution or juvenile court
proceeding for a violation of division (A)(1)(a) of this section
or for an equivalent offense that is vehicle-related, the result
of any test of any blood
or urine withdrawn and analyzed at any
health care provider, as
defined in section 2317.02 of the
Revised Code, may be admitted
with expert testimony to be
considered with any other relevant and
competent evidence in
determining the guilt or innocence of the
defendant.
(b) In any criminal prosecution or juvenile court
proceeding
for a violation of
division (A) or (B) of this section
or for an
equivalent
offense that is vehicle-related, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse,
controlled substances,
metabolites of a controlled substance, or
a combination of
them in
the
defendant's
whole blood,
blood serum
or plasma,
breath, urine,
or
other bodily
substance at the time
of the
alleged violation as
shown by
chemical analysis of the
substance
withdrawn within
three hours of
the time of
the alleged
violation. The three-hour
time limit specified in this division
regarding the admission of
evidence does not extend or affect the
two-hour time limit
specified in division (A) of section 4511.192
of the Revised Code
as the maximum period of time during which a
person may consent to
a chemical test or tests as described in
that section. The court
may admit evidence on the concentration
of alcohol, drugs of
abuse, or a combination of them as described
in this division when
a person submits to a blood, breath, urine,
or other bodily
substance test at the request of a
law
enforcement officer under
section 4511.191 of the
Revised
Code or
a blood or urine sample is
obtained pursuant to a search warrant.
Only a
physician, a
registered nurse, or a qualified
technician,
chemist,
or
phlebotomist shall withdraw a blood sample for
the
purpose of
determining
the
alcohol, drug, controlled substance,
metabolite of
a controlled substance, or
combination content
of
the whole
blood, blood serum,
or blood plasma.
This
limitation
does
not
apply to the taking of breath or urine
specimens. A
person
authorized to withdraw blood under
this
division may
refuse to
withdraw blood
under this division, if in
that person's
opinion,
the physical welfare of
the person would
be
endangered
by the
withdrawing of blood.
The bodily substance
withdrawn under division (D)(1)(b) of
this section shall be analyzed in
accordance with
methods approved
by the director of health by an
individual
possessing a valid
permit issued by the director
pursuant to section 3701.143 of the
Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense that is vehicle-related, if there was at the
time the
bodily substance
was
withdrawn a concentration of less
than
the
applicable
concentration of alcohol specified in
divisions (A)(1)(b), (c),
(d), and (e) of this section or less
than the applicable
concentration of a listed controlled
substance or a listed
metabolite of a controlled substance
specified for a violation of
division (A)(1)(j) of this section,
that fact
may be considered
with other
competent evidence
in
determining the guilt or
innocence of the
defendant. This
division
does not limit or
affect
a criminal
prosecution or
juvenile court
proceeding for a
violation of
division (B) of this
section or
for
an equivalent
offense that
is
substantially
equivalent to
that
division.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney, immediately upon the completion
of the
chemical test analysis.
If the chemical test was obtained pursuant to division
(D)(1)(b) of this section, the person tested may have a physician,
a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical
test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
The
form
to be read to the person
to be tested, as required
under
section
4511.192 of the Revised
Code, shall state that the person
may have
an
independent test
performed at the person's expense.
The failure
or
inability to
obtain an additional
chemical test by
a person
shall not preclude
the admission of
evidence relating to
the
chemical test or tests
taken at the
request of a
law
enforcement
officer.
(4)(a) As used in divisions (D)(4)(b) and (c) of this
section, "national highway traffic safety administration" means
the national highway traffic safety administration established as
an administration of the United States department of
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.
(b) In any criminal prosecution or juvenile court proceeding
for a violation of division (A) or (B) of this section, of 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, or of a municipal ordinance relating to operating a
vehicle with a prohibited concentration of alcohol, a controlled
substance, or a metabolite of a controlled substance in the whole
blood,
blood serum or plasma, breath, or urine, if a law
enforcement officer has administered a
field sobriety test to the
operator of the vehicle involved in the
violation and if it is
shown by clear and convincing evidence that
the officer
administered the test in substantial
compliance with
the testing
standards for any reliable, credible,
and generally
accepted field
sobriety
tests that were in effect at
the time the
tests were
administered, including, but not limited
to, any
testing standards
then in effect that were set by the
national
highway traffic
safety administration, all
of the
following apply:
(i) The officer may testify concerning the results of the
field sobriety test so administered.
(ii) The prosecution may introduce the results of the field
sobriety test so administered as evidence in any proceedings in
the criminal prosecution or juvenile court proceeding.
(iii) If testimony is presented or evidence is introduced
under division (D)(4)(b)(i) or (ii) of this section and if the
testimony or evidence is admissible under the Rules of Evidence,
the court shall admit the testimony or evidence and the trier of
fact shall give it whatever weight the trier of fact considers to
be appropriate.
(c) Division (D)(4)(b) of this section does not limit or
preclude a court, in its determination of whether the arrest of a
person was supported by probable cause or its determination of any
other matter in a criminal prosecution or juvenile court
proceeding of a type described in that division, from considering
evidence or testimony that is not otherwise disallowed by division
(D)(4)(b) of this section.
(E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
laboratory
personnel
issued a permit by the department of health authorizing an
analysis as described in this division that
contains an analysis
of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following:
(a)
The signature, under oath, of any person who performed
the
analysis;
(b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, a controlled substance, a metabolite of a
controlled substance, or a combination of them that was found;
(c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section or section 4511.191 or 4511.192 of the Revised Code, and
any hospital, first-aid station, or clinic
at which
blood is
withdrawn from a person pursuant to this
section or section
4511.191 or 4511.192 of the Revised Code, is
immune from criminal
liability and
civil
liability
based upon a
claim of assault and
battery or
any other
claim that is not
a
claim
of malpractice, for
any
act performed in withdrawing blood
from
the person.
The
immunity
provided in this division is not
available to a
person
who
withdraws blood if the person engages in
willful or wanton
misconduct.
(G)(1) Whoever violates any provision of divisions
(A)(1)(a)
to
(i) or (A)(2) of this section is
guilty of
operating a vehicle
under the
influence of alcohol, a drug of abuse, or a
combination
of them.
Whoever violates division (A)(1)(j) of this section is
guilty of operating a vehicle while under the influence of a
listed controlled substance or a listed metabolite of a controlled
substance. The court shall sentence the offender for either
offense under
Chapter 2929. of the
Revised Code, except as
otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of
this section:
(a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months.
The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender under a community control sanction
pursuant to section 2929.25 of the Revised Code and requires the
offender
to
attend, for three consecutive days, a
drivers'
intervention
program certified under section 3793.10 of the
Revised Code.
The
court also may suspend the execution of any
part of the
three-day
jail term under this division if it places
the offender under a community control sanction pursuant to
section 2929.25 of the Revised Code for part of the three days,
requires the offender to
attend for the suspended part of the term
a drivers' intervention
program so certified, and sentences the
offender to a jail term
equal to the remainder of the three
consecutive days that the
offender does not spend attending the
program. The court may
require the offender, as a condition of
community control and in addition
to the required attendance at a
drivers' intervention program, to
attend and satisfactorily
complete any treatment or education
programs that comply with the
minimum standards adopted pursuant
to Chapter 3793. of the Revised
Code by the director of alcohol
and drug addiction services that
the operators of the drivers'
intervention program determine that
the offender should attend and
to report periodically to the court
on the offender's progress in
the programs. The court also may
impose on the offender any other
conditions of community control
that it considers necessary.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of at
least three consecutive
days and a
requirement that the offender
attend, for three
consecutive days,
a drivers' intervention
program that is
certified pursuant to
section 3793.10 of the
Revised Code. As
used in this division,
three consecutive days
means seventy-two consecutive
hours. If the
court determines that
the offender is not
conducive to treatment
in a drivers'
intervention program, if the
offender refuses to
attend a drivers'
intervention program, or if the jail at
which
the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender, under a community control
sanction imposed under section 2929.25 of the Revised Code,
to
attend and satisfactorily complete any treatment or
education
programs that comply with the minimum standards adopted
pursuant
to
Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services, in addition to the required
attendance at
drivers' intervention program, that the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any
other conditions of community control on the offender that it
considers necessary.
(iii)
In all cases,
a fine of not less than three hundred
twenty-five seventy-five and not more than one
thousand
seventy-five
dollars;
(iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code.
(b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
house arrest with electronic monitoring, with continuous
alcohol monitoring, or with both electronic monitoring and
continuous alcohol monitoring. The court may
impose a
jail term in
addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for the offense shall not exceed
six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court may shall require the
offender
to attend a drivers' intervention be assessed by an
alcohol and drug treatment program that is
certified pursuant to
authorized by
section 3793.10 3793.02 of the Revised Code, subject
to division (I) of this section, and shall order the offender to
follow the treatment recommendations of the program. If the
operator of the
program determines that the offender is alcohol
dependent, the The purpose of the assessment is to determine the
degree of the offender's alcohol usage and to determine whether or
not treatment is warranted. Upon the request of the court, the
program shall notify the court,
and, subject to
division (I) of
this section, the court shall
order the offender
to obtain
treatment through
an alcohol and drug
addiction program
authorized
by section 3793.02 of the Revised
Code submit the results of the
assessment to the court, including
all treatment recommendations
and clinical diagnoses related to
alcohol use.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, except as
otherwise provided in
this division, a
mandatory jail term of
twenty consecutive days. The court
shall
impose the twenty-day
mandatory jail term under
this division
unless, subject to
division (G)(3) of this section,
it instead
imposes a sentence
under that division
consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The court may impose a
jail
term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the offense shall
not exceed six
months.
In addition to the jail term or the term of house arrest with
electronic monitoring or continuous alcohol monitoring or both
types of monitoring and jail term, the court may shall require the
offender
to attend a driver's intervention be assessed by an
alcohol and drug treatment program that is
certified pursuant to
authorized by
section 3793.10 3793.02 of the Revised Code, subject
to division (I) of this section, and shall order the offender to
follow the treatment recommendations of the program. If the
operator of the
program determines that the offender is alcohol
dependent, the The purpose of the assessment is to determine the
degree of the offender's alcohol usage and to determine whether or
not treatment is warranted. Upon the request of the court, the
program shall notify the court,
and, subject to
division (I) of
this section, the court shall
order the offender
to obtain
treatment through an alcohol and drug
addiction program
authorized
by section 3793.02 of the Revised
Code submit the
results of the assessment to the court, including
all treatment
recommendations and clinical diagnoses related to
alcohol use.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than
four
five
hundred seventy-five twenty-five and not more than one
thousand
six hundred
twenty-five dollars;
(iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days.
(c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
court may impose a
jail
term in addition to the
thirty-day
mandatory jail term.
Notwithstanding the jail terms
set
forth in sections 2929.21 to
2929.28 of the Revised Code, the additional
jail
term shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory
jail term of
sixty
consecutive days. The
court shall impose the
sixty-day mandatory jail
term under this
division unless, subject
to division (G)(3)
of this section, it
instead imposes a sentence
under that division
consisting of both
a jail term
and a term of
house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring. The court may impose
a
jail term in
addition to the sixty-day mandatory jail term.
Notwithstanding
the jail terms set forth in sections 2929.21 to
2929.28 of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than
eight
hundred fifty and
not more than two thousand seven
hundred fifty
dollars;
(iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi)
In all cases, participation the court shall order the
offender to participate in an alcohol and drug
addiction
program
authorized by section
3793.02 of the Revised
Code, subject to
division (I) of this
section, and shall order the offender to
follow the treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment. Upon the request of the court, the program shall submit
the results of the assessment to the court, including all
treatment recommendations and clinical diagnoses related to
alcohol use.
(d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
four violations of division
(A) or (B) of this section or other
equivalent offenses or an offender who, within twenty years of the
offense, previously has been convicted of or pleaded guilty to
five or more violations of that nature is
guilty of a felony of
the fourth degree.
The court shall
sentence the offender to all of
the following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or, in the
discretion of
the
court, either a mandatory term of local
incarceration of sixty
consecutive
days in accordance with
division (G)(1) of section
2929.13 of the Revised Code or a
mandatory prison term of sixty
consecutive days in
accordance
with division (G)(2) of that
section if the offender is not convicted of and does not plead
guilty to a specification of that type. If the
court
imposes a
mandatory term of local incarceration, it may impose a
jail
term
in addition to the sixty-day mandatory term, the
cumulative total
of the mandatory
term and the jail term for the
offense
shall not
exceed one year, and, except as provided in division (A)(1) of
section 2929.13 of the Revised Code, no prison term is
authorized
for the
offense. If the court imposes a mandatory
prison term,
notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty
months and the
prison terms shall be imposed as described
in
division (G)(2) of
section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section if the offender is
not convicted of and does not plead guilty to a specification of
that type. If the court
imposes a mandatory
term of local
incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the
mandatory term
and the jail term
for
the offense shall not exceed
one year, and, except as provided in division (A)(1) of section
2929.13 of the Revised Code, no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term,
notwithstanding division (A)(4) of section 2929.14 of
the Revised
Code,
it also may sentence the offender to a definite
prison term
that shall be not
less than six months and not more
than thirty
months and the prison terms shall
be imposed as described
in
division (G)(2) of section 2929.13 of the Revised Code. If the
court imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so
imposed, the court also may sentence the offender to a community
control sanction for the offense, but the offender shall serve all
of the prison terms so imposed prior to serving the community
control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than one thousand three
hundred
fifty
nor more than
ten thousand
five hundred dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division.
(vi)
In all cases, participation the court shall order the
offender to participate in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section, and shall order the offender to
follow the treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment. Upon the request of the court, the program shall submit
the results of the assessment to the court, including all
treatment recommendations and clinical diagnoses related to
alcohol use.
(vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of house
arrest with electronic
monitoring. The term shall not
commence until after the
offender
has
served the mandatory term of local incarceration.
(e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following:
(i)
If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a
mandatory prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section
2929.13 of the Revised Code if the offender also is convicted of
or also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or a
mandatory
prison term
of sixty consecutive days in
accordance with
division (G)(2) of
section 2929.13 of the Revised Code if the offender is not
convicted of and does not plead guilty to a specification of that
type. The court
may impose a prison term in
addition to the
mandatory
prison term. The cumulative
total of
a sixty-day
mandatory prison term
and the additional prison term for the
offense shall
not exceed
five years. In addition to the mandatory
prison term or mandatory prison term and additional prison term
the court imposes, the court also may sentence the offender to a
community
control sanction for the
offense, but the offender
shall serve all of the prison terms so imposed prior to serving
the community control sanction.
(ii)
If the sentence is being imposed for a violation of
division
(A)(1)(f), (g), (h), or (i) or division (A)(2) of this
section, a mandatory prison term of one, two, three, four, or five
years as required by and in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender also is
convicted of or also pleads guilty to a specification of the type
described in section 2941.1413 of the Revised Code or a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code if the
offender is not convicted of and does not plead guilty to a
specification of that type. The
court may
impose a prison term in
addition to the mandatory
prison term. The cumulative total of a
one hundred twenty-day
mandatory prison term and
the additional
prison term for the
offense shall not exceed five
years. In
addition to the mandatory prison term or mandatory prison term and
additional prison term the court imposes, the court also may
sentence the offender to a community
control sanction for the
offense, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than one thousand three
hundred
fifty
nor more than
ten thousand
five hundred dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division.
(vi)
In all cases, participation the court shall order the
offender to participate in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code,
subject to
division (I) of this section, and shall order the offender to
follow the treatment recommendations of the program. The operator
of the
program shall determine and assess the degree of the
offender's
alcohol dependency and shall make recommendations for
treatment. Upon the request of the court, the program shall submit
the results of the assessment to the court, including all
treatment recommendations and clinical diagnoses related to
alcohol use.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and
if,
within sixty days of
sentencing of the offender,
the court
issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of house arrest with electronic
monitoring, with continuous alcohol monitoring, or with both
electronic monitoring and continuous alcohol monitoring.
As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous
alcohol monitoring. The cumulative total of
the five consecutive
days in
jail and the period of house arrest with electronic
monitoring, continuous alcohol monitoring, or both types of
monitoring shall
not exceed six months. The five
consecutive days
in jail do not
have to be served prior to or
consecutively to the
period of house
arrest.
As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the ten
consecutive days in
jail and the
period of house arrest with
electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall
not exceed
six months. The ten
consecutive days in jail do not
have to be
served prior to or
consecutively to the period of house
arrest.
As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of house arrest with electronic monitoring, with
continuous alcohol monitoring, or with both electronic monitoring
and continuous alcohol monitoring. The
cumulative total of the
fifteen
consecutive days in jail and the
period of house arrest
with electronic monitoring, continuous alcohol monitoring, or both
types of monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of house arrest with electronic monitoring,
with continuous alcohol monitoring, or with both electronic
monitoring and continuous alcohol monitoring.
The
cumulative total
of the thirty consecutive days in jail and
the
period of house
arrest with electronic monitoring, continuous alcohol monitoring,
or both types of monitoring shall not
exceed
one year. The thirty
consecutive days in jail do not have
to be
served prior to or
consecutively to the period of house
arrest.
(4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
in
accordance with that section. If division (A)(7) of that section
requires that the court impose as a condition of the
privileges
that the
offender must display on the vehicle that is
driven
subject to the privileges
restricted license plates that
are
issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section, the court shall impose
that condition as one of the conditions of the limited driving
privileges granted to the offender, except as provided in division
(B) of section 4503.231 of the Revised Code.
(5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows:
(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1)(a), (b), (c), (d),
(e), or (j) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not
sentenced to a
term of incarceration, the
fifty dollars shall
be
paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political
subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of
electronic
house
arrest equipment
needed for persons who violate
this
section.
(c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(N)(F) of section 4511.191
of
the Revised Code.
(d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to the political
subdivision
that pays the cost of housing the offender during the
offender's term of
incarceration. The political subdivision shall
use
this share to pay or reimburse incarceration or treatment
costs it incurs in
housing or providing drug and alcohol treatment
to persons who
violate this section or a municipal OVI ordinance,
costs for any
immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for
persons who violate this section.
(e) Fifty dollars of the fine imposed under (G)(1)(a)(iii),
(G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), and (G)(1)(e)(iii)
of this section shall be deposited into the special projects fund
of the court in which the offender was convicted and that is
established under division (E)(1) of section 2303.201 or division
(B)(1) of section 1901.26 of the Revised Code, to be used
exclusively to cover the cost of immobilizing or disabling
devices, including certified ignition interlock devices, and
remote alcohol monitoring devices for indigent offenders who are
required by a judge to use either of these devices. If the county
or municipal corporation in which the offender was convicted does
not have a special projects fund that is established under
division (E)(1) of section 2303.201 or division (B)(1) of section
1901.26 of the Revised Code, the fifty dollars shall be deposited
into the indigent drivers
interlock and alcohol monitoring fund
under division (I) of
section 4511.191 of the Revised Code.
(e)(f)
Seventy-five dollars of the fine imposed under
division
(G)(1)(a)(iii), one hundred twenty-five dollars of the
fine
imposed under division (G)(1)(b)(iii), two hundred fifty
dollars
of the fine imposed under division (G)(1)(c)(iii), and
five
hundred dollars of the fine imposed under division
(G)(1)(d)(iii)
or (e)(iii) of this section shall be transmitted
to the treasurer
of state for deposit into the indigent defense
support fund
established under section 120.08 of the Revised
Code.
(f)(g) The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(7) As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of the
Revised Code.
(H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense,
the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit,
probationary license, or nonresident
operating
privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offenses, the
offender is guilty of a
misdemeanor of
the third degree. In addition to any
other
sanction imposed
for
the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code.
(3) If the offender also is convicted of or also pleads
guilty to a specification of the type described in section
2941.1416 of the Revised Code and if the court imposes a jail term
for the violation of division (B) of this section, the court shall
impose upon the offender an additional definite jail term pursuant
to division (E) of section 2929.24 of the Revised Code.
(I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund.
(J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension.
(K)
Division (A)(1)(j) of this section does not apply to a
person who operates a vehicle, streetcar, or trackless trolley
while the person has a concentration of a listed controlled
substance or a listed metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, or urine that equals
or exceeds the amount specified in that division, if both of the
following apply:
(1) The person obtained the controlled substance pursuant to
a prescription issued by a licensed health professional authorized
to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional's directions.
(L) The prohibited concentrations of a controlled substance
or a metabolite of a controlled substance listed in division
(A)(1)(j) of this section also apply in a prosecution of a
violation of division (D) of section 2923.16 of the Revised Code
in the same manner as if the offender is being prosecuted for a
prohibited concentration of alcohol.
(M) All terms defined in section 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same
term as defined in section 4501.01 or 4511.01 of the
Revised Code,
the term as
defined in section 4510.01 of the
Revised Code applies
to this section.
(N)(1)
The Ohio Traffic Rules in effect
on
January 1, 2004,
as adopted by the supreme court
under authority
of
section 2937.46
of the Revised Code, do not
apply to felony
violations of this
section. Subject to division
(N)(2) of this
section, the Rules of
Criminal Procedure apply to
felony
violations of this section.
(2) If, on or after
January 1, 2004,
the supreme court
modifies the Ohio Traffic
Rules
to provide
procedures to govern
felony violations of this
section,
the
modified rules shall apply
to felony violations
of this
section.
Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination
content of the
person's
whole blood,
blood serum
or
plasma,
breath, or urine
if
arrested
for
a
violation of
division
(A) or
(B) of
section 4511.19 of the Revised
Code,
section
4511.194 of
the
Revised Code or a substantially equivalent
municipal ordinance, or a municipal OVI
ordinance.
(3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered.
(4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this
section, and the test or
tests may be
administered, subject
to
sections 313.12 to 313.16 of
the Revised
Code.
(5)(a) If a law enforcement officer arrests a person for a
violation of division (A) or (B) of section 4511.19 of the Revised
Code, section 4511.194 of the Revised Code or a substantially
equivalent municipal ordinance, or a municipal OVI ordinance and
if the person if convicted would be required to be sentenced under
division (G)(1)(c), (d),
or (e) of section
4511.19 of the
Revised
Code, the law
enforcement officer shall request the
person to
submit, and the
person shall submit, to a chemical
test or tests
of the person's
whole blood, blood serum or
plasma, breath, or
urine for the
purpose of determining the
alcohol, drug of abuse,
controlled
substance, metabolite of a
controlled substance, or
combination
content of the person's
whole blood, blood serum or
plasma,
breath, or urine. A law
enforcement officer who makes a
request
pursuant to this
division that a person submit to a
chemical test
or tests shall
advise the person at the time of
the arrest that if the person
refuses to take a chemical test the
officer may employ whatever
reasonable means are necessary to
ensure that the person submits
to a chemical test of the person's
whole blood or blood serum or
plasma. The officer shall also
advise the person at the time of
the arrest that the person may
have an independent chemical test
taken at the person's own
expense. Divisions (A)(3) and (4) of
this section apply to the
administration of a chemical test or
tests pursuant to this
division.
(b) If a person refuses to submit to a chemical test upon a
request made pursuant to division (A)(5)(a) of this section, the
law enforcement officer who made the request may employ whatever
reasonable means are necessary to ensure that the person submits
to a chemical test of the person's whole blood or blood serum or
plasma. A law enforcement officer who acts pursuant to this
division to ensure that a person submits to a chemical test of the
person's whole blood or blood serum or plasma is immune from
criminal and civil liability based upon a claim for assault and
battery or any other claim for the acts, unless the officer so
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code,
section 4511.194 of
the Revised Code or a substantially equivalent municipal
ordinance, or a municipal OVI ordinance
that was completed and
sent to the registrar and a court pursuant
to
section
4511.192 of
the
Revised Code 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
this
division and that section and the period of the
suspension,
as
determined under
this
section. The suspension shall be
subject to
appeal as
provided in
section
4511.197 of the Revised
Code. The
suspension
shall be for whichever of the
following
periods
applies:
(a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within
six 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 or had been convicted of or pleaded guilty to one violation
of division (A) or (B) of section 4511.19 of the Revised Code or
one other equivalent offense, the
suspension
shall be
a class B
suspension imposed for
the period of time
specified in division
(B)(2) of section 4510.02
of the Revised
Code.
(c) If the arrested person, within
six 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,
had been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses, or had refused one previous request to
consent to a chemical test and also had been convicted of or
pleaded guilty to one violation of division (A) or (B) of section
4511.19 of the Revised Code or other equivalent offenses, which
violation or offense arose from an incident other than the
incident that led to the refusal, the
suspension
shall be
a class
A suspension imposed for
the period of time
specified in division
(B)(1) of section 4510.02
of the Revised
Code.
(d) If the arrested person, within
six 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, had been convicted of or pleaded guilty to three or
more violations of division (A) or (B) of section 4511.19 of the
Revised Code or other equivalent offenses, or had refused a number
of previous requests to consent to a chemical test and also had
been convicted of or pleaded guilty to a number of violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses that cumulatively total three or more
such refusals, convictions, and guilty pleas, the
suspension
shall
be
for five
years.
(2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the
person has been
convicted after entering a plea of no contest to,
operating a vehicle in violation
of section 4511.19
of
the Revised
Code or in violation of a municipal
OVI ordinance,
if the offense
for which the conviction is had or
the
plea is
entered 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 section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised
Code in regard to a
person
whose test
results indicate that the
person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified in division (A)(1)(j) of section 4511.19 of the Revised
Code, 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
this
division
and section
4511.192 of the
Revised Code and the
period of the
suspension, as
determined
under
divisions (F)(C)(1)(a) to
(4)(d) of this
section. The
suspension
shall be subject to appeal as
provided in
section
4511.197 of the
Revised Code. The
suspension
described in
this division does not
apply to, and shall
not be
imposed upon, a
person arrested for a
violation of section
4511.194
of the Revised
Code or a
substantially equivalent municipal ordinance who submits to a
designated chemical
test.
The
suspension
shall
be for whichever of
the following
periods
applies:
(a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code.
(b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense.
(c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the
person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered 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 section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
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
the chemical test or tests under division (A) of
this
section
does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal
ordinance,
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
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
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
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division.
(E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 to 4511.197
of the
Revised
Code 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.
(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance 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,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section:
(1) A showing
that the person 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) Subject to the limitation contained in division
(F)(3)
of
this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five seventy-five dollars,
which fee
shall be deposited in
the state
treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
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) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) 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
(F)(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 alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
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
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. In addition, a county, juvenile, or municipal court
judge may use moneys in the county indigent drivers alcohol
treatment fund, county juvenile indigent drivers alcohol treatment
fund, or municipal indigent drivers alcohol treatment fund to pay
for the cost of the continued use of an electronic continuous
alcohol monitoring device as described in divisions (H)(3) and (4)
of this section. 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
(H) 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
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services.
(d) 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) 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
(F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(h) Fifty dollars shall be credited to the indigent drivers
interlock and alcohol monitoring fund, which is hereby established
in the state treasury. Monies in the fund shall be distributed by
the department of public safety to the county indigent drivers
interlock and alcohol monitoring funds, the county juvenile
indigent drivers interlock and alcohol monitoring funds, and the
municipal indigent drivers interlock and alcohol monitoring funds
that are required to be established by counties and municipal
corporations pursuant to this section, and shall be used only to
pay the cost of an immobilizing or disabling device, including a
certified ignition interlock device, or an alcohol monitoring
device used by an offender or juvenile offender who is ordered to
use the device 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 the person's use of the
device.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section
4510.07 of the Revised
Code for a violation of a municipal
OVI
ordinance or
under any
combination of the
suspensions
described in
division
(F)(3) of
this section, and if 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
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau
in
accordance
with division
(F)(2) of
this section.
(4) 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
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
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(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.
(G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
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
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension.
(H)(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 (F) 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
(H)(2) of this
section. Additionally,
all
portions of fines that are paid for a
violation of section
4511.19
of the Revised Code or
of any prohibition contained in
Chapter
4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. 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
(F) 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
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance, 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 an
assessment or 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
the assessment or the cost of attendance at the
treatment
program
or for payment of the costs specified in division
(H)(4)
of this
section in accordance with that division. The
alcohol and
drug
addiction services board or the board of alcohol,
drug
addiction,
and
mental health services established pursuant to
section 340.02
or
340.021 of
the Revised Code and 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 obtain an assessment or 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.
In addition, upon exhaustion of moneys in the indigent
drivers interlock and alcohol monitoring fund for the use of an
alcohol monitoring device, a county, juvenile, or municipal court
judge may
use moneys in the county indigent drivers alcohol
treatment fund,
county juvenile indigent drivers alcohol
treatment fund, or
municipal indigent drivers alcohol treatment
fund to pay for the
continued use of an electronic continuous
alcohol monitoring
device by an offender or juvenile traffic
offender, in conjunction
with a treatment program approved by the
department of alcohol and
drug addiction services, when such use
is determined clinically
necessary by the treatment program and
when the court determines
that the offender or juvenile traffic
offender is unable to pay
all or part of the daily monitoring of
the device.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for:
(a) Alcohol and drug abuse
assessment and treatment of
persons who are charged in
the court
with committing a criminal
offense or with being a delinquent
child
or juvenile traffic
offender and in relation to whom both of
the following
apply:
(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(ii) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
(b) All or part of the cost of purchasing electronic
continuous alcohol monitoring devices to be used in conjunction
with division (H)(3) of this section, upon exhaustion of moneys in
the indigent drivers interlock and alcohol monitoring fund for the
use of an alcohol monitoring device.
(5) For the purpose of determining as described in division
(F)(2)(c) of this section whether an offender does not have the
means to pay for the offender's attendance at an alcohol and drug
addiction treatment program or whether an alleged offender or
delinquent child is unable to pay the costs specified in division
(H)(4) of this section, the court shall use the indigent client
eligibility guidelines and the standards of indigency established
by the state public defender to make the determination.
(6) The court shall identify and refer any alcohol and drug
addiction program that is not certified under section 3793.06 of
the Revised Code and that is interested in receiving amounts from
the surplus in the fund declared under division (H)(4) of this
section to the department of alcohol and drug addiction services
in order for the program to become a certified alcohol and drug
treatment program. The department shall keep a record of applicant
referrals received pursuant to this division and shall submit a
report on the referrals each year to the general assembly. If a
program interested in becoming certified makes an application to
become certified pursuant to section 3793.06 of the Revised Code,
the program is eligible to receive surplus funds as long as the
application is pending with the department. The department of
alcohol and drug addiction services must offer technical
assistance to the applicant. If the interested program withdraws
the certification application, the department must notify the
court, and the court shall not provide the interested program with
any further surplus funds.
(I)(1) Each county shall establish an indigent drivers
interlock and alcohol monitoring fund and a juvenile indigent
drivers interlock and alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish an
indigent drivers interlock and alcohol monitoring fund. All
revenue that the general assembly appropriates to the indigent
drivers interlock and alcohol monitoring fund for transfer to a
county indigent drivers interlock and alcohol monitoring fund, a
county juvenile indigent drivers interlock and alcohol monitoring
fund, or a municipal indigent drivers interlock and alcohol
monitoring fund, all portions of license reinstatement fees that
are paid under division (F)(2) of this section and that are
credited under that division to the indigent drivers interlock and
alcohol monitoring fund in the state treasury, and all portions of
fines that are paid under division (G) of section 4511.19 of the
Revised Code and that are credited by division (G)(5)(e) of that
section to the indigent drivers interlock and alcohol monitoring
fund in the state treasury shall be deposited in the appropriate
fund in accordance with division (I)(2) of this section.
(2) That portion of the license reinstatement fee that is
paid under division (F) of this section and that portion of the
fine paid under division (G) of section 4511.19 of the Revised
Code and that is credited under either division to the indigent
drivers interlock and alcohol monitoring fund shall be deposited
into a county indigent drivers interlock and alcohol monitoring
fund, a county juvenile indigent drivers interlock and alcohol
monitoring fund, or a municipal indigent drivers interlock and
alcohol monitoring fund as follows:
(a) If the fee or fine is paid by a person who was charged in
a county court with the violation that resulted in the suspension
or fine, the portion shall be deposited into the county indigent
drivers interlock and alcohol monitoring fund under the control of
that court.
(b) If the fee or fine is paid by a person who was charged in
a juvenile court with the violation that resulted in the
suspension or fine, the portion shall be deposited into the county
juvenile indigent drivers interlock and alcohol monitoring fund
established in the county served by the court.
(c) If the fee or fine 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 interlock and alcohol monitoring fund under the
control of that court.
Sec. 4511.192. (A)
The arresting law
enforcement officer
shall give
advice
in
accordance with
this
section to any person
under arrest
for a
violation of division (A)
or (B) of section
4511.19
of the
Revised
Code, section 4511.194 of
the Revised Code
or a substantially equivalent municipal
ordinance,
or a municipal
OVI
ordinance. The
officer shall give
that advice
in
a written
form
that
contains the information
described in
division (B) of
this
section and shall read the
advice to the
person. The
form
shall
contain a statement that the
form was
shown to the
person
under
arrest and read to the person
by the
arresting officer. One
or
more persons shall witness the
arresting officer's reading of
the
form, and
the witnesses shall
certify to this fact by signing
the
form. The person must submit
to the chemical test or tests,
subsequent to the request of the
arresting officer, within two
hours of the time of the alleged
violation and, if the person
does not submit to the test or tests
within that two-hour time
limit, the failure to submit
automatically constitutes a refusal
to submit to the test or
tests.
(B)
If a person is under arrest as
described in division
(A)
of
this section, before the person may
be requested to submit to
a
chemical test
or tests to determine
the alcohol, drug of abuse,
controlled substance, metabolite of a
controlled substance, or
combination content
of the
person's whole
blood, blood serum or
plasma, breath, or urine, the
arresting
officer
shall read the
following form to the person:
"You now are under arrest for (specifically state the
offense
under state law or a substantially equivalent municipal ordinance
for which the person was arrested - operating a vehicle
under
the
influence of alcohol, a drug, or a combination
of them;
operating
a vehicle while under the influence of a listed controlled
substance or a listed metabolite of a controlled substance;
operating
a vehicle after
underage alcohol consumption; or having
physical
control of a vehicle while under the influence).
If you refuse to take any chemical test required
by law, your
Ohio driving privileges will be suspended immediately, and you
will have to pay a fee to have the privileges reinstated. If you
have a prior conviction of OVI, OVUAC, or operating a vehicle
while under the influence of a listed controlled substance or a
listed metabolite of a controlled substance under state or
municipal law within the preceding twenty years, you now are under
arrest for state OVI, and, if you refuse to take a chemical test,
you will face increased penalties if you subsequently are
convicted of the state OVI.
(Read this part unless the person is under arrest for solely
having physical control of a
vehicle while under the influence.)
If you take any chemical test required by law and
are
found to be
at or
over the
prohibited amount of alcohol, a controlled
substance, or a metabolite of a controlled substance in
your
whole
blood,
blood serum or plasma, breath,
or urine as set by law, your
Ohio driving privileges will
be
suspended immediately, and you
will have to pay a fee to have
the
privileges reinstated.
If you take a chemical test,
you may
have an independent
chemical
test taken at your
own
expense."
(C) If the arresting law enforcement officer does not ask a
person under arrest as described in division (A) of this
section
or division (A)(5) of section 4511.191 of the Revised Code to
submit to a chemical
test or tests under section 4511.191 of
the
Revised Code,
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 it to the court in which the
arrested person is to appear on the charge. If the arrested
person
is not in
possession of
the person's license or permit or
it is
not in the
person's vehicle, the officer shall order the
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
agency immediately shall forward the license or
permit to the
court in which the person is to appear on the
charge. Upon
receipt of the license or permit, the court shall
retain it
pending the arrested person's initial appearance and any
action taken
under section 4511.196 of the Revised Code.
(D)(1) If a law enforcement officer asks a person under
arrest as described in division (A)(5) of section 4511.191 of the
Revised Code to submit to a chemical test or tests under that
section and the test results indicate a prohibited concentration
of alcohol, a controlled substance, or a metabolite of a
controlled substance in the person's whole blood, blood serum or
plasma, breath, or urine at the time of the alleged offense, or if
a law enforcement officer asks a person under
arrest as
described
in division (A) of this
section to submit to a
chemical
test or
tests under section 4511.191 of the Revised Code,
if the officer
advises the person in accordance with this section
of the
consequences of the person's refusal or submission,
and if
either
the person refuses to submit to the test or tests or,
unless the
arrest was for a violation of section 4511.194 of the
Revised Code
or a substantially equivalent municipal ordinance, the person
submits to the
test or tests and the test
results indicate a
prohibited concentration of alcohol, a controlled substance, or a
metabolite of a controlled substance in the
person's whole blood,
blood serum or plasma, breath, or urine at
the time of the alleged
offense,
the arresting officer shall do
all of the following:
(a) On behalf of the registrar of motor vehicles, notify the
person that, independent of any penalties or sanctions imposed
upon the
person, the person's Ohio driver's or commercial driver's
license
or permit or nonresident operating privilege is suspended
immediately,
that the suspension will last at least until the
person's
initial appearance on the charge, which 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 or during the
period of time
ending thirty days after that initial appearance;
(b) Seize the driver's or commercial driver's license or
permit
of the person and immediately forward it to the registrar.
If the
arrested person is not in possession of the person's
license or permit
or it is not in the person's vehicle, the
officer shall order the person to
surrender it to the
law
enforcement agency that employs the officer within twenty-four
hours after the person is given notice of the suspension, and,
upon the surrender, the officer's employing agency immediately
shall forward the license or permit to the registrar.
(c) Verify the person's current residence 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;
(d) 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, streetcar, or trackless trolley in
violation of division
(A) or (B) of section 4511.19 of
the Revised Code or a
municipal
OVI ordinance or for being in physical control of a stationary
vehicle, streetcar, or trackless trolley in violation of section
4511.194 of the Revised Code or a substantially equivalent
municipal ordinance;
(ii) That the person was arrested and charged with a
violation of
division (A) or (B) of section 4511.19 of the Revised
Code, section
4511.194 of the Revised Code or a substantially
equivalent municipal ordinance, or a municipal OVI
ordinance;
(iii) That Unless division (D)(1)(d)(v) of this section
applies, that the officer asked the person to take the
designated
chemical test or tests, advised the person in
accordance with this
section of
the consequences of submitting to,
or
refusing to take,
the test or tests, and gave the person the
form
described in
division (B) of this section;
(iv) That Unless division (D)(1)(d)(v) of this section
applies, that either the person refused to submit to the
chemical
test
or tests or, unless the arrest was for a violation
of section
4511.194 of the Revised Code or a substantially equivalent
municipal ordinance,
the person submitted to
the chemical test or
tests and the test results
indicate a
prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the person's whole blood,
blood serum or plasma,
breath, or urine at the time of the alleged
offense;
(v) If the person was under arrest as described in division
(A)(5) of section 4511.191 of the Revised Code and the chemical
test or tests were performed in accordance with that division,
that the person was under arrest as described in that division,
that the chemical test or tests were performed in accordance with
that division, and that test results indicated a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance in the person's whole blood, blood serum
or plasma, breath, or urine at the time of the alleged offense.
(2) Division (D)(1) of this section does not apply to a
person
who is arrested for a violation of section 4511.194 of the
Revised Code or a substantially equivalent municipal ordinance,
who is asked by a
law enforcement officer to submit
to a
chemical
test or tests under section 4511.191 of the Revised
Code,
and who
submits to the test or tests, regardless of the
amount of
alcohol,
a controlled substance, or a metabolite of a controlled substance
that the test results indicate is present in the
person's
whole
blood, blood serum or plasma, breath, or urine.
(E)
The arresting officer shall give the officer's sworn
report
that is completed under this
section to the arrested person
at the time of the arrest, or the registrar of
motor vehicles
shall send the report to the person
by regular first
class mail as
soon
as possible after receipt of the report, but not later than
fourteen days
after receipt of it. 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 not 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.
(F)
The sworn report of an arresting officer completed under
this
section is prima-facie proof of the information and
statements
that it contains. It shall be admitted and considered
as
prima-facie proof of the information and statements that it
contains in any appeal under section 4511.197 of the Revised Code
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.
Sec. 4511.198. (A)(1) If a court grants limited driving
privilege to a person who is
described in division (B) of this
section and who is alleged to
have committed a violation of
division (A) of section 4511.19 of
the Revised Code or of a
substantially equivalent municipal
ordinance, the court as a
condition of granting limited driving privileges may prohibit the
person from consuming any beer or intoxicating liquor and may
require the person to wear a monitor that provides continuous
alcohol monitoring that is remote. If the court imposes the
requirement, the court shall require the
person to wear the
monitor until the person is convicted of,
pleads guilty to, or is
found not guilty of the alleged violation
or the charges in the
case are dismissed. Any consumption by the
person of beer or
intoxicating liquor prior to that time is
grounds for revocation
by the court of the person's limited driving privilege. The
person
shall pay all costs associated with the monitor, including
the
cost of remote monitoring.
(2) If a court grants limited driving privilege to a person
who is
described in division (C) of this section and who is
alleged to
have committed a violation of division (A) of section
4511.19 of
the Revised Code or of a substantially equivalent
municipal
ordinance, the court as a condition of granting limited
driving privileges, unless the court determines otherwise, shall
prohibit the
person from consuming any beer or intoxicating liquor
and shall
require the person to wear a monitor that provides
continuous
alcohol monitoring that is remote. The court shall
require the
person to wear the monitor until the person is
convicted of,
pleads guilty to, or is found not guilty of the
alleged violation
or the charges in the case are dismissed. Any
consumption by the
person of beer or intoxicating liquor prior to
that time is
grounds for revocation by the court of the person's
limited driving privilege. The person shall pay all costs
associated with the monitor, including the cost of remote
monitoring.
(B) Division (A)(1) of this section applies to the following
persons:
(1) A person who is alleged to have committed a violation of
division (A) of section 4511.19 of the Revised Code and who, if
convicted of the alleged violation, is required to be sentenced
under division (G)(1)(c) or (d) of section 4511.19 of
the Revised
Code;
(2) A person who is alleged to have committed a violation of
a municipal ordinance that is substantially equivalent to division
(A) of section 4511.19 of the Revised Code and who, if the law
enforcement officer who arrested and charged the person with the
violation of the municipal ordinance instead had charged the
person with a violation of division (A) of section 4511.19 of the
Revised Code, would be required to be sentenced under division
(G)(1)(c) or (d) of section 4511.19 of the Revised
Code.
(C) Division (A)(2) of this section applies to the following
persons:
(1) A person who is alleged to have committed a violation of
division (A) of section 4511.19 of the Revised Code and who, if
convicted of the alleged violation, is required to be sentenced
under division (G)(1)(e) of section 4511.19 of
the Revised Code;
(2) A person who is alleged to have committed a violation of
a municipal ordinance that is substantially equivalent to division
(A) of section 4511.19 of the Revised Code and who, if the law
enforcement officer who arrested and charged the person with the
violation of the municipal ordinance instead had charged the
person with a violation of division (A) of section 4511.19 of the
Revised Code, would be required to be sentenced under division
(G)(1)(e) of section 4511.19 of the Revised
Code.
Sec. 4511.203.
(A) No person shall
permit a motor vehicle
owned by
the person or under
the person's
control to be driven
by
another if
any of the
following
apply:
(1) The offender knows or
has reasonable cause to
believe
that the other person
does not have a valid driver's or
commercial
driver's
license or
permit or valid nonresident driving
privileges.
(2) The offender knows or has reasonable cause to believe
that the other person's driver's or commercial driver's license or
permit or nonresident operating privileges have been suspended or
canceled under Chapter 4510. or any other provision of the Revised
Code.
(3) The offender knows or
has reasonable cause to
believe
that the other person's
act of driving the motor
vehicle would
violate any prohibition contained in
Chapter
4509. of
the Revised
Code.
(4)
The offender knows or has reasonable cause to believe
that the other
person's
act
of driving would violate section
4511.19 of the
Revised Code
or
any substantially equivalent
municipal ordinance.
(5) The offender knows or has reasonable cause to believe
that the vehicle is the subject of an immobilization waiver
order
issued under section 4503.235 of the Revised Code and the
other
person is prohibited from operating the vehicle under that
order.
(B) Without limiting or precluding the consideration of any
other evidence in determining whether a violation of division
(A)(1), (2), (3), or (4), or (5) of this section has occurred, it
shall be
prima-facie evidence that the offender knows
or
has
reasonable
cause to believe that the operator of the motor vehicle
owned by
the
offender or
under the
offender's control is in a
category
described in division (A)(1), (2), (3), or (4), or (5) of
this
section if
any of the following applies:
(1) Regarding an operator allegedly in the category
described
in division (A)(1) or, (3), or (5) of this section, the offender
and the
operator of the motor vehicle reside in the same
household
and are
related by consanguinity or affinity.
(2) Regarding an operator allegedly in the category
described
in division (A)(2) of this section, the offender and the
operator
of the motor vehicle reside in the same household, and
the
offender knows or has reasonable cause to believe that the
operator has been charged with or convicted of any violation of
law or ordinance, or has committed any other act or omission, that
would or could result in the suspension or cancellation of the
operator's license, permit, or privilege.
(3) Regarding an operator allegedly in the category described
in division (A)(4) of this section, the offender and the operator
of the motor vehicle occupied the motor vehicle together at the
time of the offense.
(C)
Whoever violates this section is guilty of wrongful
entrustment of a motor vehicle, a misdemeanor of the first degree.
In
addition to the penalties imposed under Chapter 2929. of the
Revised Code, the court
shall impose a class seven suspension
of
the offender's driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating privilege
from the range specified in division (A)(7) of
section 4510.02 of the Revised Code,
and, if the vehicle involved
in the offense is registered in the name of the
offender, the
court shall
order one of the following:
(1) Except as otherwise provided in division (C)(2) or (3)
of
this section, the court shall order, for thirty days, the
immobilization of
the vehicle involved in the offense and the
impoundment of that
vehicle's license plates. The order shall be
issued and enforced under
section 4503.233 of the Revised Code.
(2) If the offender previously has been convicted of or
pleaded
guilty to one violation of this section or a substantially
equivalent municipal ordinance, the court shall order, for sixty
days, the immobilization of the vehicle involved in the offense
and the
impoundment of that vehicle's license plates. The order
shall be
issued and enforced under section 4503.233 of the Revised
Code.
(3) If the offender previously has been convicted of or
pleaded
guilty to two or more violations of this section or a
substantially
equivalent municipal ordinance, the court shall
order the criminal
forfeiture to the state of the vehicle involved
in the offense. The order
shall be issued and enforced under
section 4503.234 of the Revised Code.
If title to a motor vehicle that is subject to an order for
criminal forfeiture under this division is assigned or transferred
and
division (B)(2) or (3) of section 4503.234 of the Revised Code
applies, in addition to or independent of any other penalty
established by
law, the court may fine the offender the value of
the vehicle as determined by
publications of the national auto
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division
(C)(2)
of section 4503.234 of the Revised Code.
(D)
If a court orders the immobilization of a vehicle under
division (C) of this section, the court shall not release the
vehicle from the immobilization before the termination of the
period of
immobilization ordered
unless the court is presented
with current proof of financial responsibility
with respect to
that
vehicle.
(E)
If a court orders the criminal forfeiture of a vehicle
under
division (C) of this section, upon receipt of the order from
the
court, neither the registrar of motor vehicles nor any deputy
registrar shall
accept any
application for the registration or
transfer of registration of any motor
vehicle owned or leased
by
the person named in the order. The period of denial shall be
five
years after the date the order is issued, unless, during that
five-year period, the court with jurisdiction of the offense that
resulted in the order terminates the forfeiture and notifies the
registrar of the termination. If the court terminates the
forfeiture and notifies the registrar, the registrar shall take
all necessary measures to permit the person to register a vehicle
owned or leased by the person or to transfer the registration of
the vehicle.
(F)
This section does not apply to motor vehicle rental
dealers
or motor vehicle leasing dealers, as defined in section
4549.65 of the Revised Code.
(G) Evidence of a conviction of, plea of guilty to, or
adjudication as a delinquent child for a violation of this section
or a substantially similar municipal ordinance shall not be
admissible as evidence in any civil action that involves the
offender or delinquent child who is the subject of the conviction,
plea, or adjudication and that arises from the wrongful
entrustment of a motor vehicle.
(H) As used in For purposes of this section, a vehicle is
owned by a
person
if, at the time of a violation of this section,
the vehicle
is
registered in the person's name.
Sec. 5502.10. (A) The department of public safety, not later
than ninety days after the effective date of this section, shall
do all of the following:
(1) Establish and maintain a state registry, named "Ohio's
habitual OVI/OMWI offenders," that contains all of the information
specified in divisions (A)(1)(a) and (b) of this section regarding
any person who on or after the effective date of this section is
convicted in this state for the fifth or subsequent time in the
preceding twenty years of an OVI/OMWI
violation. The state
registry is a public record open for
inspection under section
149.43 of the Revised Code. The
department shall obtain the
information to be included in the
state registry from the reports
provided by the court pursuant to division (B) of this section.
The state
registry of Ohio's habitual OVI/OMWI offenders shall
include at
least the following information regarding each
offender who on or after the effective date of this section is
convicted in this state for the fifth or subsequent time in the
preceding twenty years of an OVI/OMWI violation:
(a) The offender's name, date of birth, and residence
address,
including, but not limited to, the street address,
municipal
corporation or township, county, and zip code of the
person's
place of residence;
(b) The number of times within the preceding twenty years
that the offender has been convicted in this state for an OVI/OMWI
violation and the date of each of those convictions.
(2) Establish and operate on the internet a database that
contains for each person who on or after the effective date of
this section
is convicted in this state for the fifth or
subsequent time in the
preceding twenty years of an OVI/OMWI
violation all of the
information regarding the offender that is
included in the state
registry of Ohio's habitual OVI/OMWI
offenders that is
established and maintained under division
(A)(1)
of this section.
The database is a public record open for
inspection under section
149.43 of the Revised Code, and it shall
be searchable by an
offender's name, by county, and by zip code.
(B) A court that convicts a person for an
OVI/OMWI violation
shall send to the department of public safety,
within thirty days
after the conviction of the offender the information specified in
divisions (A)(1)(a) and (b) of this section.
(C) The department of public safety shall update the state
registry of Ohio's habitual OVI/OMWI offenders required under
division (A)(1) of this section and the database required under
division (A)(2) of this section every month to ensure that the
information they contain is accurate and current.
(D) As used in this section:
(1) "Equivalent offense" and "municipal OVI ordinance" have
the same meanings as in section 4511.181 of the Revised Code.
(2) "OVI/OMWI violation" means any of the following:
(a) A violation of division (A) or (B) of section 4511.19 of
the Revised Code or a violation of a municipal OVI ordinance;
(b) A violation of section 4511.194 of the Revised Code or a
substantially equivalent municipal ordinance;
(c) A violation of division (A) or (B) of section 1547.11 of
the Revised Code or a violation of a municipal ordinance, law of
another state, or law of the United States that is substantially
equivalent to division (A) or (B) of section 1547.11 of the
Revised Code;
(d) Any equivalent offense not listed in divisions (D)(2)(a)
to (c) of this section.
SECTION 2. That existing sections 1547.11, 1547.111, 1547.99,
2929.18, 2929.28,
2945.75,
4503.231, 4503.233, 4510.13, 4510.43,
4511.181, 4511.19,
4511.191, 4511.192, and 4511.203 of the
Revised Code are
hereby
repealed.
SECTION 3. Section 2929.18 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Sub.
H.B. 241 and Am. Sub. H.B. 461 of
the 126th General
Assembly.
Section 4503.233 of the Revised Code is presented
in
this act as
a composite of the section as amended by both Sub.
H.B. 241 and
Am. Sub. H.B. 461 of
the 126th General Assembly. The
General
Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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