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341.08 AUTHORITY OF PEACE OFFICERS RE DRUNK DRIVING.
   (a)   Within the jurisdictional limits of the appointing authority, any peace officer shall stop and detain any person found violating Ohio R.C. 4506.15, or any substantially equivalent municipal ordinance, without obtaining a warrant. When there is reasonable ground to believe that a violation of Ohio R.C. 4506.15, or any substantially equivalent municipal ordinance, has been committed and a test or tests of the person's whole blood, blood plasma or blood serum, breath or urine is necessary, the peace officer shall take the person to an appropriate place for testing. If a person refuses to submit to a test after being warned as provided in Ohio R.C. 4506.17(C), or submits to a test that discloses the presence of a controlled substance or an alcohol concentration of 0.04% or more, by whole blood or breath, an alcohol concentration of .048% or more by blood serum or blood plasma, or an alcohol concentration of .056% or more by urine, the peace officer shall require that the person immediately surrender the person's commercial driver's license to the peace officer.
   (b)   As used in this section, "jurisdictional limits" means the limits within which a peace officer may arrest and detain a person without a warrant under Ohio R.C. 2935.03, except that the Superintendent and the troopers of the State Highway Patrol may stop and detain, without warrant, any person who, in the presence of the Superintendent or any trooper, is engaged in a violation of any of the provisions of this subchapter or Ohio R.C. Chapter 4506.
(ORC 4506.23)
341.09 PERMITTING OR DRIVING WHILE FATIGUED OR ILL PROHIBITED.
   (a)   No person shall drive a commercial motor vehicle, as defined in Ohio R.C. 4506.01, or a commercial car or commercial tractor, as defined in Ohio R.C. 4501.01, while the person's ability or alertness is so impaired by fatigue, illness, or other causes that it is unsafe for the person to drive such vehicle. No driver shall use any drug which would adversely affect the driver's ability or alertness.
   (b)   No owner, as defined in Ohio R.C. 4501.01, of a commercial motor vehicle, commercial car or commercial tractor, or a person employing or otherwise directing the driver of such vehicle, shall require or knowingly permit a driver in any such condition described in division (a) of this section to drive such vehicle upon any street or highway.
   (c)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or Ohio R.C. 4511.79, or Ohio R.C. 4511.63, 4511.76, 4511.761, 4511.762, 4511.764, or 4511.77 or a municipal ordinance that is substantially equivalent to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 4511.79)
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