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Sub. S. B. No. 17 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Harris, Gardner, Schuring, Schaffer, Mason, Carey, Cates, Cafaro, Fedor, Goodman, Jacobson, Mumper, Niehaus, Padgett, Roberts, Sawyer, Faber, Spada, Stivers, Wilson, Boccieri, Morano, Buehrer
A BILL
To amend sections 1547.11, 1547.111, 1547.99, 4503.231, 4503.233, 4507.164, 4510.13, 4510.43, 4511.181, 4511.19, 4511.191, 4511.192, 4511.193, and 4511.203 and to enact sections 1547.112, 4503.235, 4511.198, 4511.199, 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 is a strict liability offense, remove the requirement that an offender charged with the offense know or have reasonable cause to believe that the person provided a vehicle did not have a right to drive, and provide for that offense an affirmative defense of lack of such knowledge after reasonably diligent inquiry; 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 arrestees and an Internet database, both of which are public records, containing information about persons with five or more Ohio arrests within the preceding twenty years for vehicle OVI or watercraft OMWI; to require law enforcement officers who arrest a person for vehicle OVI or watercraft OMWI to send to the Department of Public Safety a sworn report with specified information about the arrestee, the arrest, and prior similar arrests within the preceding 20 years; and to revise the criteria for certification of ignition interlock devices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1547.11, 1547.111, 1547.99, 4503.231, 4503.233, 4507.164, 4510.13, 4510.43, 4511.181, 4511.19, 4511.191, 4511.192, 4511.193, and 4511.203 be amended and sections 1547.112, 4503.235, 4511.198, 4511.199, 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 submit 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 is not required to advise the person of the consequences of refusing to submit to the test or tests and is not required to give the person the form described in division (C) of this section, but the officer shall advise the person at the time of the arrest that the person may have an independent chemical test taken. 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 Except as provided in division (B) of this section, 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 Except as provided in division (B) of this section, 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. 1547.112. A law enforcement officer who arrests a person for 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 shall send to the department of public safety, within forty-eight hours after the arrest of the person, a sworn report in accordance with section 5502.10 of the Revised Code.
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. 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 a person 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 a person 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 spouse or a driving-age child 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 spouse who files the motion, the driving-age child who files the motion, or the spouse who files the motion and one or more driving-age children of the offender are completely dependent on the vehicle for the necessities of life and that the immobilization of the vehicle would be an undue hardship to the spouse, the driving-age child, or the spouse and the driving-age child or children.
(2) The court determines that the spouse who files the motion, the driving-age child who files the motion, or the spouse who files the motion and one or more driving-age children of the offender are completely dependent on the vehicle for the necessities of life and that the immobilization of the vehicle would be an undue hardship to the spouse, the driving-age child, or the spouse and the driving-age child or children.
(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 (E) 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 spouse or driving-age child 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.
(C) If a court pursuant to division (B) of this section issues an immobilization waiver order, the order shall identify the spouse or driving-age child who requested the order and the vehicle to which the order applies, shall identify the spouse, the driving-age child, or the spouse and the driving-age child or children 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 spouse, the driving-age child, or the spouse and the driving-age child or children who are permitted to operate the vehicle must 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) 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 a person 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 a person who is convicted of or pleaded guilty to a violation of a municipal OVI ordinance, to order the immobilization of more than one vehicle for a specified period of time, the court shall not issue an immobilization waiver order under this section for more than one of those vehicles.
(E) A spouse or a driving-age child 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 spouse or a driving-age child 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 spouse or driving-age child in permitting the offender to operate the vehicle is a violation of section 4511.203 of the Revised Code.
(F) As used in this section, "driving-age child" means a child who is sixteen years of age or older.
Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
pursuant to any provision of the Revised Code other
than division
(G) of section
4511.19 of the Revised
Code
and other than section
4510.07 of the Revised Code
for a
violation of a municipal OVI
ordinance, the
trial judge may
impound
the identification license
plates of any
motor vehicle
registered
in the name of the person.
(B)(1) When the license of any person is suspended
pursuant
to division
(G)(1)(a) of section
4511.19 of the
Revised Code,
or
pursuant to section 4510.07 of the
Revised Code for a municipal
OVI offense when the suspension is
equivalent in length to the
suspension under division (G) of
section 4511.19 of the Revised
Code that is
specified in this
division,
the trial judge of the
court of record
or the mayor
of
the mayor's court that suspended
the license may
impound the identification license plates of any
motor vehicle
registered in the name of the person.
(2) When the license of any person is suspended
pursuant to
division
(G)(1)(b) of section
4511.19 of
the
Revised Code,
or
pursuant to section 4510.07 of the Revised
Code for a municipal
OVI offense when the suspension is equivalent
in length to the
suspension under division (G) of section 4511.19
of the Revised
Code that is
specified in this division,
the trial
judge of the
court of record that
suspended
the license
shall order the
impoundment of
the identification license plates
of the motor
vehicle the
offender was operating at the time of the
offense and
the
immobilization of that vehicle in accordance with
section
4503.233 and division
(G)(1)(b) of
section
4511.19 or
division
(B)(2)(a) of
section 4511.193 of the Revised Code
and may impound. In addition, the trial judge of the court of record that suspended the license shall order the immobilization for one year of all the motor vehicles that are owned by or are registered in the name of the offender and the impoundment for one year of
the
identification license plates of any other
motor vehicle
registered in the name of the person whose license
is suspended all such vehicles in accordance with section 4503.233 and division (G)(1)(b) of section 4511.19 or division (B)(2)(a) of section 4511.193 of the Revised Code.
(3) When the license of any person is suspended
pursuant to
division
(G)(1)(c), (d), or
(e) of section
4511.19 of the
Revised
Code,
or pursuant to section
4510.07
of the Revised Code for a
municipal
OVI offense when the
suspension is equivalent in length
to the
suspension under
division (G) of section 4511.19 of the
Revised Code that is
specified in this division,
the trial judge
of the court of record
that suspended
the license shall order the
criminal
forfeiture to the
state of the motor vehicle the offender
was
operating at the time
of the offense in accordance with
section
4503.234 and division
(G)(1)(c), (d), or
(e) of
section
4511.19 or division
(B)(2)(b)
of section
4511.193 of the Revised
Code and
may impound. In addition, the trial judge of the court of record that suspended the license shall order the immobilization for one year of all the motor vehicles that are owned by or are registered in the name of the offender and the impoundment for one year of the identification
license plates of any
other motor vehicle registered in the name
of the person whose
license is suspended all such vehicles in accordance with section 4503.233 and division (G)(1)(c), (d), or (e) of section 4511.19 or division (B)(2)(b) of section 4511.193 of the Revised Code except for any motor vehicle that is required to be forfeited to the state in accordance with section 4503.234 and division (G)(1)(c), (d), or (e) of section 4511.19 or division (B)(2)(b) of section 4511.193 of the Revised Code.
(C)(1) When a person is convicted of or pleads guilty to a
violation of
section
4510.14
of the
Revised
Code or a
substantially equivalent municipal ordinance and
division (B)(1)
or (2) of section
4510.14 or division
(C)(1) or
(2) of section
4510.161 of the Revised Code
applies,
the trial
judge of the court
of record or the mayor of
the mayor's court
that imposes sentence
shall order the
immobilization of the
vehicle the person was
operating at the time
of the offense and
the impoundment of its
identification license
plates in
accordance with section 4503.233
and division (B)(1) or
(2) of
section
4510.14 or division (C)(1)
or (2) of
section
4510.161 of
the Revised Code and may impound
the
identification license
plates of any other vehicle registered
in
the name of that
person.
(2) When a person is convicted of or pleads guilty to a
violation of
section
4510.14
of the
Revised
Code or a
substantially equivalent municipal ordinance and
division (B)(3)
of section
4510.14 or division (C)(3)
of
section
4510.161 of the
Revised Code applies, the trial
judge
of the
court of record that
imposes sentence shall order the
criminal
forfeiture to the state
of the vehicle the person was
operating
at the time of the offense
in accordance with section
4503.234
and division (B)(3) of section
4510.14 or
division
(C)(3) of
section
4510.161 of the Revised
Code
and may impound
the
identification license plates of any
other
vehicle registered in
the name of that person.
(D)(1) When a person is convicted of or pleads guilty to a
violation of division
(A) of section
4510.16 of the
Revised
Code
or a substantially equivalent municipal ordinance,
division
(B) of section
4510.16 or
division (B) of
section
4510.161 of the Revised
Code applies in determining whether the
immobilization of the
vehicle the person
was operating at the time
of the offense and
the impoundment of
its identification license
plates or the criminal
forfeiture
to the state of the vehicle the
person was operating
at the time
of the offense is authorized or required. The trial judge of the court of record or the mayor of the mayor's court that imposes sentence may impound
the
identification license
plates of
any other vehicle registered in
the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section
4511.203 of the Revised Code and
the
person
is sentenced pursuant to division
(C)(1)
or
(2) of
section
4511.203 of
the Revised Code, the trial judge of
the court of
record or the
mayor of the mayor's court that imposes
sentence
shall order the
immobilization of the vehicle that was
involved in
the commission
of the offense and the impoundment of
its
identification license
plates in accordance with division
(C)(1)
or
(2) of section
4511.203 and
section 4503.233
of the Revised
Code and may impound the
identification license
plates of any
other vehicle registered in
the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section
4511.203 of the Revised Code and
the
person
is sentenced pursuant to division
(C)(3) of section
4511.203 of
the Revised Code, the trial judge of the court
of record or the
mayor of the mayor's court that imposes sentence
shall order the
criminal forfeiture to the state of the vehicle
that was involved
in the commission of the offense in accordance
with division
(C)(3) of section
4511.203 and
section
4503.234 of the Revised
Code and may impound the identification
license plates of any
other vehicle registered in the name of that
person.
(F) Except as provided in section 4503.233 or 4503.234 of
the Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division
(B) of section 4507.02 of the Revised Code is
applicable.
(G)
As used in this section, "municipal OVI offense"
has the
same meaning as in section 4511.181 of the Revised Code.
Sec. 4510.13. (A)(1) Divisions (A)(2) to (7) 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 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 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 an order
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.
(e) The first year of a suspension imposed under division (G)(1)(b) or (c) of section 4511.19 of the Revised Code or a comparable length suspension imposed under section 4510.07 of the Revised Code. The judge may grant limited driving privileges after the first year of suspension and, at the time of granting the privileges, also may issue an order prohibiting the offender from operating any motor vehicle for the period of suspension following the first year 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.
(f) 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 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 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.
(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.
(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 shall publish and make
available to the
courts, without charge, a list of
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.
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. 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
If the person was under arrest as described in division (A)(5) of section 4511.191 of the Revised Code, the arresting officer shall 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. If the person was not under arrest as described in division (A)(5) of section 4511.191 of the Revised Code, 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 two hundred
fifty
and not more than one
thousand 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 program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, 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.
(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 program that is
certified pursuant to
section 3793.10 of the Revised Code. If the
operator of the
program determines that the offender is alcohol
dependent, 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.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than three
hundred fifty and not more than one thousand five hundred 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 one year in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days one year. In addition, irrespective of whether the vehicle involved in the offense is registered in the offender's name, the court shall order the immobilization for one year in accordance with section 4503.233 of the Revised Code of all motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles.
(vi) In all cases, a requirement that the offender wear a monitor that provides continuous alcohol monitoring that is remote. The court shall require the offender to wear the monitor until the conclusion of all community control sanctions imposed upon the offender. The offender shall pay all costs associated with the monitor, including the cost of remote monitoring.
(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 five
hundred fifty and
not more than two thousand five hundred 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. In addition, the court shall order the immobilization for one year in accordance with section 4503.233 of the Revised Code of all other motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles.
If the vehicle involved in the offense is not registered in the offender's name, the court shall order the immobilization for one year of all motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section. The operator of the program shall determine and assess the degree of the offender's alcohol dependency and use and shall treat the offender accordingly.
(vii) In all cases, a requirement that the offender wear a monitor that provides continuous alcohol monitoring that is remote. The court shall require the offender to wear the monitor until the conclusion of all community control sanctions imposed upon the offender. The offender shall pay all costs associated with the monitor, including the cost of remote monitoring.
(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 eight hundred nor more than
ten thousand
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. In addition, the court shall order the immobilization for one year in accordance with section 4503.233 of the Revised Code of all other motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles.
If the vehicle involved in the offense is not registered in the offender's name, the court shall order the immobilization for one year of all motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles.
(vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section. The operator of the program shall determine and assess the degree of the offender's alcohol dependency and use and shall treat the offender accordingly.
(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.
(viii) In all cases, a requirement that the offender wear a monitor that provides continuous alcohol monitoring that is remote. The court shall require the offender to wear the monitor until the conclusion of all community control sanctions or post-release controls imposed upon the offender. The offender shall pay all costs associated with the monitor, including the cost of remote monitoring.
(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 eight hundred nor more than
ten thousand
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. In addition, the court shall order the immobilization for one year in accordance with section 4503.233 of the Revised Code of all other motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles.
If the vehicle involved in the offense is not registered in the offender's name, the court shall order the immobilization for one year of all motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section. The operator of the program shall determine and assess the degree of the offender's alcohol dependency and use and shall treat the offender accordingly.
(vii) In all cases, a requirement that the offender wear a monitor that provides continuous alcohol monitoring that is remote. The court shall require the offender to wear the monitor until the conclusion of all post-release controls imposed upon the offender. The offender shall pay all costs associated with the monitor, including the cost of remote monitoring.
(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) 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)
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 previously has been convicted of or pleaded guilty to two or more violations of division (A) or (B) of section 4511.19 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 is not required to advise the person of the consequences of submitting to, or refusing to submit to, the test or tests and is not required to give the person the form described in division (B) of section 4511.192 of the Revised Code, but the officer shall 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, each of which violations or offenses arose from an incident other than the incident that led to any of the refusals, 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 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.
(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 the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program 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 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, 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.
Sec. 4511.192. (A)
The Except as provided in division (A)(5) of section 4511.191 of the Revised Code, 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 Except as provided in division (A)(5) of section 4511.191 of the Revised Code, 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. 4511.193. (A) Twenty-five dollars of any fine
imposed
for a violation of a municipal
OVI ordinance
shall be deposited
into the municipal or
county indigent
drivers alcohol treatment
fund created pursuant
to division
(H)
of section 4511.191 of the
Revised Code in
accordance with this
section and section 733.40,
divisions (A)
and (B) of section
1901.024, division (F) of section
1901.31, or
division (C) of
section 1907.20 of the Revised Code.
Regardless
of whether the
fine is imposed by a municipal court, a
mayor's
court, or a
juvenile court, if the fine was imposed for a
violation of an
ordinance of a municipal corporation that is
within the
jurisdiction of a municipal court, the twenty-five
dollars that is
subject to this section shall be deposited into
the indigent
drivers alcohol treatment fund of the municipal
corporation in
which is located the municipal court that has
jurisdiction over
that municipal corporation. Regardless of
whether the fine is
imposed by a county court, a mayor's court,
or
a juvenile court,
if the fine was imposed for a violation of
an
ordinance of a
municipal corporation that is within the
jurisdiction of a county
court, the twenty-five dollars that is
subject to this section
shall be deposited into the indigent
drivers alcohol treatment
fund of the county in which is located
the county court that has
jurisdiction over that municipal
corporation. The deposit shall
be made in accordance with
section
733.40, divisions (A) and (B)
of section 1901.024,
division (F) of
section 1901.31, or division
(C) of section
1907.20 of the Revised
Code.
(B)(1) The requirements and sanctions imposed by divisions
(B)(1) and (2) of this section are an adjunct to and derive from
the state's exclusive authority over the registration and titling
of motor vehicles and do not comprise a part of the criminal
sentence to be imposed upon a person who violates a municipal
OVI
ordinance.
(2)
If a person is convicted of
or pleads guilty to a
violation of a
municipal
OVI ordinance,
if the vehicle the
offender was operating at the time
of
the offense is registered in
the offender's name, and if, within
six years
of the current
offense, the offender has been
convicted
of or pleaded guilty to
one or more violations of division (A) or
(B) of
section
4511.19
of the Revised Code
or one or more other
equivalent offenses,
the
court, in
addition to and
independent of any sentence that it
imposes upon
the offender for
the offense,
shall
do whichever of
the following
is
applicable:
(a) Except as otherwise provided in division
(B)(2)(b) of
this section, if, within
six years of the
current offense, the
offender has been convicted of or pleaded
guilty to one violation
described in division (B)(2) of this
section, the court shall
order the immobilization for ninety days
one year of
that vehicle
and the
impoundment for ninety days one year of the license plates
of that vehicle.
In addition, the court shall order the immobilization for one year of all other motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles. If the vehicle the offender was operating at the time of the offense is not registered in the offender's name, the court shall order the immobilization for one year of all motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles. The order for the immobilization and
impoundment
shall be issued
and enforced in accordance with
section 4503.233
of the Revised
Code.
(b) If, within six years of the current offense, the
offender has been convicted of or pleaded guilty to two or more
violations described in division (B)(2) of this section, or if
the
offender
previously has been convicted of or pleaded guilty to
a
violation of division
(A) of section 4511.19 of the Revised Code
under circumstances in which the
violation was a felony and
regardless of when
the violation and the conviction or guilty plea
occurred, the
court shall order the criminal forfeiture to the
state of
that
vehicle.
The
order of
criminal forfeiture shall be
issued
and enforced in accordance with section
4503.234 of the
Revised
Code.
If the vehicle the offender was operating at the time of the offense is not registered in the offender's name, the court shall order the immobilization for one year in accordance with section 4503.233 of the Revised Code of all motor vehicles owned by or registered in the name of the offender and the impoundment for one year of the license plates of all such vehicles.
Sec. 4511.198. (A) If a court grants bail 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 bail 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 bail.
The person shall pay all costs associated with the monitor, including the cost of remote monitoring.
(B) 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)(b), (c), (d), or (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)(b), (c), (d), or (e) of section 4511.19 of the Revised Code.
Sec. 4511.199. A law enforcement officer who 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, a municipal OVI violation, or an equivalent offense shall send to the department of public safety, within forty-eight hours after the arrest of the person, a sworn report in accordance with section 5502.10 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 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) 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) of this
section if
any of the following applies:
(1) Regarding an operator allegedly in the category
described in division (A)(1) or (3) 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 (1) It is an affirmative defense to a charge under this section that, at the time that the person charged permitted the motor vehicle to be driven by the other person, the person charged did not have knowledge, after reasonably diligent inquiry or in reasonable reliance on his or her observation of the other person's condition or on his or her knowledge of the other person's status or qualifications, of any of the facts specified in division (A)(1), (2), (3), (4), or (5) of this section regarding the other person that, if known, would have made entrustment of the motor vehicle to the other person an offense under this section.
(2) It is the intent of the general assembly that wrongful entrustment of a motor vehicle is a strict liability 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 arrestees," that contains all of the information specified in divisions (A)(1)(a) and (b) of this section regarding each person who within the preceding twenty years has been arrested in this state five or more times for 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 law enforcement officers pursuant to division (B) of this section. The state registry of Ohio's habitual OVI/OMWI arrestees shall include at least the following information regarding each person who, within the preceding twenty years has been arrested in this state five or more times for an OVI/OMWI violation:
(a) The person'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 person has been arrested in this state for an OVI/OMWI violation and for each of those arrests the date and location of the arrest, the law enforcement agency served by the law enforcement officer who made the arrest, the reason the law enforcement officer who made the arrest initially stopped the person, whether the person was asked to take a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine, whether the person, if asked to take a test or tests, submitted to the test or tests or refused to submit to the test or tests, and the results of the test or tests if the person submitted to a test or tests.
(2) Establish and operate on the internet a database that contains for each person who within the preceding twenty years has been arrested in this state five or more times for an OVI/OMWI violation all of the information regarding the person that is included in the state registry of Ohio's habitual OVI/OMWI arrestees 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 a person's name, by county, and by zip code.
(B) A law enforcement officer who arrests a person for an OVI/OMWI violation shall send to the department of public safety, within forty-eight hours after the arrest of the person, a sworn report that includes all of the following statements and information regarding the arrested person and the arrest:
(1) The arrested person'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;
(2) The date and location of the arrest the officer made, the offense for which the person was arrested, the law enforcement agency served by the officer, and the reason the officer initially stopped the person;
(3) A statement that the officer had reasonable grounds to believe that at the time of the arrest the arrested person was committing an OVI/OMWI violation;
(4) A statement that the arrested person was arrested and charged with an OVI/OMWI violation;
(5) Statements as to whether the officer asked the arrested person to take a designated chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine in accordance with sections 1547.11 and 1547.111, or sections 4511.19 and 4511.191, of the Revised Code, whether the arrested person, if asked to take a test or tests, submitted to the test or tests or refused to submit to the test or tests, and the results of the test or tests if the arrested person was asked to take a test or tests and submitted to the test or tests;
(6) For each previous arrest of the person for an OVI/OMWI violation that the officer is able to determine was made and that was made within the preceding twenty years, information of the type described in divisions (B)(1), (2), and (4) of this section and, if the officer submitting the report is able to determine the information, information as to whether the law enforcement officer who made the arrest in each of those cases asked the arrested person to take a designated chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine in accordance with sections 1547.11 and 1547.111, or sections 4511.19 and 4511.191, of the Revised Code, whether the arrested person, if asked to take a test or tests, submitted to the test or tests or refused to submit to the test or tests, and the results of the test or tests if the arrested person was asked to take a test or tests and submitted to the test or tests.
(C) The department of public safety shall update the state registry of Ohio's habitual OVI/OMWI arrestees 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. At the time of each update, the department shall review all records it has received under division (B) of this section for the preceding twenty years regarding each person who has been arrested for committing OVI/OMWI violations and for whom the department has records to determine whether the person should, or should not, be subject to inclusion in the state registry and database.
(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, 4503.231, 4503.233, 4507.164, 4510.13, 4510.43, 4511.181, 4511.19, 4511.191, 4511.192, 4511.193, and 4511.203 of the Revised Code are hereby repealed.
Section 3. 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.
Section 4. Sections 1 and 2 of this act shall take effect on July 1, 2007, or at the earliest time permitted by law, whichever is later.
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