(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 0.08% or more but less than 0.17% by weight per unit volume of alcohol in the person’s whole blood;
C. The person has a concentration of 0.096% or more but less than 0.204% 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 210 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 100 milliliters of the person’s urine;
F. The person has a concentration of 0.17% or more by weight per unit volume of alcohol in the person’s whole blood;
G. The person has a concentration of 0.204% 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 210 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 100 milliliters of the person’s urine; or
J. 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:
1. The person has a concentration of amphetamine in the person’s urine of at least 500 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 100 nanograms of amphetamine per milliliter of the person’s whole blood or blood serum or plasma;
2. The person has a concentration of cocaine in the person’s urine of at least 150 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 50 nanograms of cocaine per milliliter of the person’s whole blood or blood serum or plasma;
3. The person has a concentration of cocaine metabolite in the person’s urine of at least 150 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 50 nanograms of cocaine metabolite per milliliter of the person’s whole blood or blood serum or plasma;
4. The person has a concentration of heroin in the person’s urine of at least 2,000 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 50 nanograms of heroin per milliliter of the person’s whole blood or blood serum or plasma;
5. 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;
6. The person has a concentration of L.S.D. in the person’s urine of at least 25 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;
7. The person has a concentration of marijuana in the person’s urine of at least ten nanograms of marijuana per milliliter of the person’s urine or has a concentration of marijuana in the person’s whole blood or blood serum or plasma of at least two nanograms of marijuana per milliliter of the person’s whole blood or blood serum or plasma;
8. Either of the following applies:
a. 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 marijuana metabolite in the person’s urine of at least 15 nanograms of marijuana metabolite per milliliter of the person’s urine or has a concentration of marijuana metabolite in the person’s whole blood or blood serum or plasma of at least five nanograms of marijuana metabolite per milliliter of the person’s whole blood or blood serum or plasma.
b. As measured by gas chromatography mass spectrometry, the person has a concentration of marijuana metabolite in the person’s urine of at least 35 nanograms of marijuana metabolite per milliliter of the person’s urine or has a concentration of marijuana metabolite in the person’s whole blood or blood serum or plasma of at least 50 nanograms of marijuana metabolite per milliliter of the person’s whole blood or blood serum or plasma.
9. The person has a concentration of methamphetamine in the person’s urine of at least 500 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;
10. The person has a concentration of phencyclidine in the person’s urine of at least 25 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; or
11. The state board of pharmacy has adopted a rule pursuant to R.C. § 4729.041 that specifies the amount of salvia divinorum and the amount of salvinorin A that constitute concentrations of salvia divinorum and salvinorin A in a person’s urine, in a person’s whole blood, or in a person’s blood serum or plasma at or above which the person is impaired for purposes of operating any vehicle, streetcar or trackless trolley within this state, the rule is in effect, and the person has a concentration of salvia divinorum or salvinorin A of at least that amount so specified by rule in the person’s urine, in the person’s whole blood or in the person’s blood serum or plasma.
(2) No person who, within 20 years of the conduct described in division (a)(2)A. below, previously has been convicted of or pleaded guilty to a violation of this division, a violation of divisions (a)(1) or (b) of this section, or 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; and
B. Subsequent to being arrested for operating the vehicle, streetcar or trackless trolley as described in division (a)(2)A. above, being asked by a law enforcement officer to submit to a chemical test or tests under R.C. § 4511.191, and being advised by the officer in accordance with R.C. § 4511.192 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 21 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 0.02% but less than 0.08% by weight per unit volume of alcohol in the person’s whole blood.
(2) The person has a concentration of at least 0.03% but less than 0.096% 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 210 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 100 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), (b)(2) or (b)(3) above, 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. above 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 R.C. § 2317.02, 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. 1. In any criminal prosecution or juvenile court proceeding for a violation of division (a) or (b) above 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 R.C. § 4511.192(A) 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 R.C. § 4511.191 or a blood or urine sample is obtained pursuant to a search warrant. Only a physician, a registered nurse, an emergency medical technician-intermediate, an emergency medical technician-paramedic 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.
2. 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 R.C. § 3701.143.
C. As used in division (d)(1)B. above,
EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE
and
EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC
have the same meanings as in R.C. § 4765.01.
(2) In a criminal prosecution or juvenile court proceeding for a violation of division (a) above, 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., (a)(1)C., (a)(1)D. and (a)(1)E. above 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. above, 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) above or for an equivalent offense that is substantially equivalent to that division.
(3) A. 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.
B. If the chemical test was obtained pursuant to division (d)(1)B. above, 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. If the person was under arrest as described in R.C. § 4511.191(A)(5), 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 under arrest other than described in R.C. § 4511.191(A)(5), the form to be read to the person to be tested, as required under R.C. § 4511.192, 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 (d)(4)C. above,
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) above, 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.
1. The officer may testify concerning the results of the field sobriety test so administered.
2. 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.
3. If testimony is presented or evidence is introduced under division (d)(4)B.1. or (d)(4)B.2. above, 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. above 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. above.
(e) (1) Subject to division (e)(3) below, in any criminal prosecution or juvenile court proceeding for a violation of division (a)(1)B. to (a)(1)J. or (b)(1) to (b)(4) above 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; and
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) above 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) above 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) (1) Except as otherwise provided in this division, any physician, registered nurse, emergency medical technician-intermediate, emergency medical technician-paramedic or qualified technician, chemist or phlebotomist who withdraws blood from a person pursuant to this section or R.C. §§ 4511.191 or 4511.192, and any hospital, first-aid station or clinic at which blood is withdrawn from a person pursuant to this section or R.C. §§ 4511.191 or 4511.192, 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 also extends to an emergency medical service organization that employs an emergency medical technician-intermediate or emergency medical technician-paramedic who withdraws blood under this section. The immunity provided in this division is not available to a person who withdraws blood if the person engages in willful or wanton misconduct.
(2) As used in this division,
EMERGENCY MEDICAL TECHNICIAN-INTERMEDIATE
and
EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC
have the same meanings as in R.C. § 4765.01.
(g) (1) Whoever violates any provision of divisions (a)(1)A. to (a)(1)I. or (a)(2) above 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. above 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 R.C. Chapter 2929, except as otherwise authorized or required by divisions (g)(1)A. to (g)(1)C. below.
A. Except as otherwise provided in division (g)(1)B. to (g)(1)C. below, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the following:
1. If the sentence is being imposed for a violation of division (a)(1)A. to (a)(1)E., or (a)(1)J. of this section, a mandatory jail term of three consecutive days. As used in this division, three consecutive days means 72 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 R.C. § 2929.25 and requires the offender to attend, for three consecutive days, a drivers’ intervention program certified under R.C. § 5119.01. 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 R.C. § 2929.25 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 R.C. Chapter 5119 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;
2. If the sentence is being imposed for a violation of divisions (a)(1)F. to (a)(1)I. or division (a)(2) above, 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 R.C. § 5119.01. As used in this division, three consecutive days means 72 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 R.C. § 2929.25, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to R.C. Chapter 5119 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;
3. In all cases, a fine of not less than $375 and not more than $1,075; and
4. 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 of R.C. § 4510.02(A)(5). The court may grant limited driving privileges relative to the suspension under R.C. §§ 4510.021 and 4510.13.
B. Except as otherwise provided in § 303.99 of this chapter, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to one violation of division (a) or (b) above 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:
1. If the sentence is being imposed for a violation of division (a)(1)A. to (a)(1)E., or (a)(1)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 § 303.99 of this chapter, 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 shall require the offender to be assessed by an alcohol and drug treatment program, subject to division (i) of this section, and shall order the offender to follow the treatment recommendations of the program. The purpose of the assessment is to determine the degree of the offender’s alcohol usage and to determine whether or not treatment is warranted. Upon the request of the court, the program shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use;
2. If the sentence is being imposed for a violation of division (a)(1)F. to (a)(1)I. or division (a)(2) above, except as otherwise provided in this division, a mandatory jail term of 20 consecutive days. The court shall impose the 20-day mandatory jail term under this division unless, subject to § 303.99 of this chapter, 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 20-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 shall require the offender to be assessed by an alcohol and drug treatment program, subject to division (i) of this section, and shall order the offender to follow the treatment recommendations of the program. The purpose of the assessment is to determine the degree of the offender’s alcohol usage and to determine whether or not treatment is warranted. Upon the request of the court, the program shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use;
3. In all cases, notwith- standing the fines set forth in R.C. Chapter 2929, a fine of not less than $525 and not more than $1,625;
4. 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 R.C. § 4510.02. The court may grant limited driving privileges relative to the suspension under R.C. §§ 4510.021 and 4510.13; and
5. In all cases, if the vehicle is registered in the offender’s name, immobilization of the vehicle involved in the offense for 90 days in accordance with R.C. § 4503.233 and impoundment of the license plates of that vehicle for 90 days.
C. Except as otherwise provided in § 303.99 of this chapter, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to two violations of division (a) or (b) above or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the following:
1. If the sentence is being imposed for a violation of division (a)(1)A. to (a)(1)E., or (a)(1)J. above, a mandatory jail term of 30 consecutive days. The court shall impose the 30-day mandatory jail term under this division unless, subject to § 303.99 of this chapter, 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 30-day mandatory jail term. Notwithstanding the jail terms set forth in R.C. §§ 2929.21 to 2929.28, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year;
2. If the sentence is being imposed for a violation of division (a)(1)F. to (a)(1)I. or division (a)(2) of this section, a mandatory jail term of 60 consecutive days. The court shall impose the 60-day mandatory jail term under this division unless, subject to § 303.99 of this chapter, 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 60-day mandatory jail term. Notwithstanding the jail terms set forth in R.C. §§ 2929.21 to 2929.28, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year;
3. In all cases, notwith- standing the fines set forth in R.C. Chapter 2929, a fine of not less than $850 and not more than $2,750;
4. 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 R.C. § 4510.02(A)(3). The court may grant limited driving privileges relative to the suspension under R.C. §§ 4510.021 and 4510.13;
5. 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 R.C. § 4503.234. This division applies regarding any vehicle that is subject to an order of criminal forfeiture under this division; and
6. In all cases, the court shall order the offender to participate in an alcohol and drug addiction program, subject to division (l) of this section, and shall order the offender to follow the treatment recommendations of the program. The operator of the program shall determine and assess the degree of the offender’s alcohol dependency and shall make recommendations for treatment. Upon the request of the court, the program shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use.
(2) Except as otherwise provided in § 303.99 of this chapter, an offender who, within ten years of the offense, previously has been convicted of or pleaded guilty to three or four violations of division (a) or (b) above or other equivalent offenses or an offender who, within 20 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 and the case shall be prosecuted under the appropriate state law.
(Ord. 06-12, passed 4-12-2012; Ord. 20-19, passed 4-2-2019) Penalty, see § 333.99