(a) Driving Under the Influence. No person shall operate any vehicle within this Municipality if any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.
(2) The person has a concentration of 0.08% or more but less than 0.17% by weight of alcohol in the person's blood.
(3) The person has a concentration of 0.08 grams or more but less than 0.17 grams by weight of alcohol per 210 liters of the person's breath.
(4) The person has a concentration of 0.11 grams or more but less than 0.238 grams by weight of alcohol per 100 milliliters of the person's urine.
(5) The person has a concentration of 0.17% or more by weight of alcohol in the person's blood.
(6) The person has a concentration of 0.17 grams or more by weight of alcohol per 210 liters of the person's breath.
(7) The person has a concentration of 0.238 grams or more by weight of alcohol per 100 milliliters of the person's urine.
(b) Underage Alcohol Consumption. No person under 21 years of age shall operate any vehicle within this Municipality if any of the following apply:
(1) The person has a concentration of at least 0.02% but less than 0.08% by weight of alcohol in the person's blood.
(2) The person has a concentration of at least 0.02 grams but less than 0.08 grams by weight of alcohol per 210 liters of the person's breath.
(3) The person has a concentration of at least 0.028 grams but less than 0.11 grams by weight of alcohol per 100 milliliters of the person's urine.
(c) Prosecution; Limitation on Convictions. 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), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.
(d) Evidence; Tests.
(1) In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in the defendant's blood, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine, breath, or other bodily substance withdrawn within two hours of the time of the alleged violation. When a person submits to a blood test at the request of a police officer under Ohio R.C. 4511.191 or a substantially equivalent municipal ordinance, only a physician, a registered nurse, or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol, drug, or alcohol and drug content. This limitation does not apply to the taking of breath or urine specimens. A physician, a registered nurse, or a qualified technician or chemist may refuse to withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content of the blood, if in the opinion of the physician, nurse, technician, or chemist the physical welfare of the person would be endangered by the withdrawing of blood. Such bodily substance shall be analyzed in accordance with methods approved by the Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to Ohio R.C. 3701.143.
(2) In a criminal prosecution for a violation of division (a) of this section, if there was at the time the bodily substance was withdrawn a concentration of less than 0.08% by weight of alcohol in the defendant's blood, less than 0.08 grams by weight of alcohol per 210 liters of the defendant's breath, or less than 0.11 grams by weight of alcohol per 100 milliliters of the defendant's urine, 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 for a violation of division (b) of this section.
(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 or agent immediately upon the completion of the chemical test analysis. The person tested may have a physician, a registered nurse, or a qualified technician or chemist of the person's own choosing administer a chemical test or tests in addition to any administered at the request of a police officer, and shall be so advised. 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 police officer.
(4) A. As used in division (d)(4) 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. 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 in the blood, 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 2. 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.
(5) Any physician, registered nurse, or qualified technician or chemist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person.
(e) Implied Consent.
(1) Implied Consent to Chemical Tests. Any person who operates a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking within this Municipality shall be deemed to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the alcohol, drug, or alcohol and drug content of his or her blood, breath, or urine if arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine. The chemical tests shall be administered at the request of a police officer having reasonable grounds to believe the person was operating a vehicle upon a highway or any public or private property used by the public for vehicular travel or parking in this municipality while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine. The law enforcement agency by which the officer is employed shall designate which of the tests shall be administered.
(2) Effect of Death or Unconsciousness. Any person who is dead or unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn consent as provided by division (e)(1) above and the tests may be administered, subject to Ohio R.C. 313.12 through 313.16.
(3) Advice Required. Any person under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine shall be advised at a police station, or at a hospital, first-aid station, or clinic to which the person has been taken for first-aid or medical treatment, of both of the following:
A. The consequences, as specified in Ohio R.C. 4511.191(E), of the person's refusal to submit upon request to a chemical test designated by the law enforcement agency as provided in division (e)(1) of this section;
B. The consequences, as specified in Ohio R.C. 4511.191(F), of the person's submission to the designated chemical test if the person is found to have a prohibited concentration of alcohol in the blood, breath, or urine.
(4) Certification of Advice.
A. The advice given pursuant to division (e)(3) of this section shall be in a written form containing the information described in division (e)(4)B. of this section and shall be read to the person. The form shall contain a statement that the form was shown to the person under arrest and read to him or her in the presence of the arresting officer and either another police officer, civilian police employee, or an employee of a hospital, first-aid station, or clinic, if any, to which the person has been taken for first-aid or medical treatment. The witnesses shall certify to this fact by signing the form.
B. The form required by division (e)(4)A. of this section shall read as follows:
“You now are under arrest for operating a vehicle while under the influence of alcohol, a drug of abuse, or both alcohol and a drug of abuse and will be requested by a police officer to submit to a chemical test to determine the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in your blood, breath, or urine.
“If you refuse to submit to the requested test or if you submit to the requested test and are found to have a prohibited concentration of alcohol in your blood, breath, or urine, your driver's or commercial driver's license or permit or nonresident operating privilege immediately will be suspended for the period of time specified by law by the officer, on behalf of the Registrar of Motor Vehicles. You may appeal this suspension at your initial appearance before the court that hears the charges against you resulting from the arrest and your initial appearance will be conducted no later than five days after the arrest. This suspension is independent of the penalties for the offense, and you may be subject to other penalties upon conviction.”
(5) Actions Required by Arresting Officers. If a person under arrest as described in division (e)(3) of this section is not asked by a police officer to submit to a chemical test designated as provided in division (e)(1) of this section, the arresting officer shall seize the state or out-of-state driver's or commercial driver's license or permit of the person and immediately forward the seized license or permit to the court in which the arrested person is to appear on the charge for which he or she was arrested. If the arrested person does not have the person's driver's or commercial driver's license or permit on the person's self or in the person's vehicle, the arresting officer shall order him or her to surrender it to the law enforcement agency that employs the officer within 24 hours after the arrest, and, upon the surrender, the officer's employing agency immediately shall forward the license or permit to the court in which the arrested person is to appear on the charge for which he or she was arrested. Upon receipt of the license or permit, the court shall retain it pending the initial appearance of the arrested person and any action taken under Ohio R.C. 4511.196. If a person under arrest as described in division (e)(3) of this section is asked by a police officer to submit to a chemical test designated as provided in division (e)(1) above and is advised of the consequences of his or her refusal or submission as provided in division (e)(3) above, and if the person either refuses to submit to the designated chemical test or the person submits to the designated chemical test and the test results indicate that his or her blood contained a concentration of 0.08% or more by weight of alcohol, his or her breath contained a concentration of 0.08 grams or more by weight of alcohol per 210 liters of his or her breath, or his or her urine contained a concentration of 0.11 grams or more by weight of alcohol per 100 milliliters of his or her urine at the time of the alleged offense, the arresting officer shall do all of the following:
A. On behalf of the Registrar, serve a notice of suspension upon the person that advises the person that, independent of any penalties or sanctions imposed upon him or her pursuant to any other section of the Ohio Revised Code or any other municipal ordinance his or her driver's or commercial driver's license or permit or nonresident operating privilege is suspended, that the suspension takes effect immediately, that the suspension will last at least until his or her initial appearance on the charge that will be held within five days after the date of his or her arrest or the issuance of a citation to him or her, and that he or she may appeal the suspension at the initial appearance; seize the state or out-of-state driver's or commercial driver's license or permit of the person; and immediately forward the seized license or permit to the Registrar. If the arrested person does not have the person's driver's or commercial driver's license or permit on the person's self or in the person's vehicle, the arresting officer shall order him or her to surrender it to the law enforcement agency that employs the officer within 24 hours after the service of the notice of suspension, and upon the surrender, the officer's employing agency immediately shall forward the license or permit to the Registrar.
B. Verify the current residence of the person and, if it differs from that on the person's driver's or commercial driver's license or permit, notify the Registrar of the change;
C. In addition to forwarding the arrested person's driver's or commercial driver's license or permit to the Registrar, send to the Registrar, within 48 hours after the arrest of the person, a sworn report that includes all of the following statements:
1. That the officer had reasonable grounds to believe that, at the time of the arrest, the arrested person was operating a vehicle upon a highway or public or private property used by the public for vehicular travel or parking within this municipality while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with a prohibited concentration of alcohol in the blood, breath, or urine;
2. That the person was arrested and charged with operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or with operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine;
3. That the officer asked the person to take the designated chemical test, advised the person of the consequences of submitting to the chemical test or refusing to take the chemical test, and gave the person the form described in division (e)(4) of this section;
4. That the person refused to submit to the chemical test or that the person submitted to the chemical test and the test results indicate that his or her blood contained a concentration of 0.08% or more by weight of alcohol, his or her breath contained a concentration of 0.08 grams or more by weight of alcohol per 210 liters of his or her breath, or his or her urine contained a concentration of 0.11 grams or more by weight of alcohol per 100 milliliters of his or her urine at the time of the alleged offense;
5. That the officer served a notice of suspension upon the person as described in division (e)(5)A. of this section.
(6) Sworn Report of Arresting Officer.
A. The sworn report of an arresting officer completed under division (e)(5)C. of this section shall be given by the officer to the arrested person at the time of the arrest or sent to the person by regular first class mail by the Registrar as soon thereafter as possible, but no later than 14 days after receipt of the report. An arresting officer may give an unsworn report to the arrested person at the time of the arrest provided the report is complete when given to the arrested person and is subsequently sworn to by the arresting officer. As soon as possible, but no later than 48 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 he or she was arrested.
B. The sworn report of an arresting officer completed and sent to the Registrar and the court under divisions (e)(5)C. and (e)(6)A. of this section is prima facie proof of the information and statements that it contains and shall be admitted and considered as prima facie proof of the information and statements that it contains in any appeal under Ohio R.C. 4511.191(H) 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.
(7) Suspension Effective Immediately. A suspension of a person's driver's or commercial driver's license or permit or nonresident operating privilege under division (e)(5)A. of this section for the period of time described in Ohio R.C. 4511.191(E) or (F) 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 his or her being requested to take, or in his or her taking, the chemical test or tests under division (e)(1) of this section affects the suspension only as described in Ohio R.C. 4511.191(H)(2).
(8) Initial Appearance. If a person arrested for operating a vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse or for operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine and regardless of whether the person's driver's or commercial driver's license or permit or nonresident operating privilege is or is not suspended under Ohio R.C. 4511.191(E) or (F), the person's initial appearance on the charge resulting from the arrest shall be held within five days of the persons' arrest or the issuance of the citation to him or her, subject to any continuance granted by the court pursuant to Ohio R.C. 4511.191(H)(1) regarding the issues specified in that division.
(f) Penalty for Driving Under the Influence.
(1) Whoever violates division (a) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them and, in addition to the license suspension or revocation provided in R.C. § 4507.16 and any disqualification imposed under R.C. § 4506.16, shall be punished as provided in divisions (f)(1) and (f)(2) below.
A. Except as otherwise provided in division (f)(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:
1. If the sentence is being imposed for a violation of division (a)(1), (2), (3), or (4) of this section, a mandatory jail term of three consecutive days. As used in this subsection, 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. § 5119.38. 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 mental health and 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.
If the court grants unlimited driving privileges to a first-time offender under R.C. § 4510.022, all penalties imposed upon the offender by the court under division (f)(1)A.1. of this section for the offense apply, except that the court shall suspend any mandatory or additional jail term imposed by the court under division (f)(1)A.1. of this section upon granting unlimited driving privileges in accordance with R.C. § 4510.022.
2. If the sentence is being imposed for a violation of division (a)(5), (6), or (7) 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 R.C. § 5119.38. 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.
If the court grants unlimited driving privileges to a first-time offender under R.C. § 4510.022, all penalties imposed upon the offender by the court under division (f)(1)A.2. of this section for the offense apply, except that the court shall suspend any mandatory or additional jail term imposed by the court under division (f)(1)A.2. of this section upon granting unlimited driving privileges in accordance with R.C. § 4510.022.
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 mental health and 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 three hundred seventy-five dollars ($375.00) and not more than one thousand seventy-five dollars ($1,075).
4. In all cases, a suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege for a definite period of one to three years. The court may grant limited driving privileges relative to the suspension under R.C. § 4510.021 and 4510.13. The court may grant unlimited driving privileges with an ignition interlock device relative to the suspension and may reduce the period of suspension as authorized under R.C. § 4510.022.
B. Except as otherwise provided in division (f)(1)E. of this section, 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) 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:
1. If the sentence is being imposed for a violation of division (a)(1), (2), (3), or (4) 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 subsection (f)(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 shall require the offender to be assessed by a community addiction services provider that is authorized by R.C. § 5119.21, and shall order the offender to follow the treatment recommendations of the services provider. 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 services provider 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)(5), (6), or (7) of this section, 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 division (f)(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 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 a community addiction service provider that is authorized by R.C. § 5119.21, and shall order the offender to follow the treatment recommendations of the services provider. 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 services provider 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, notwithstanding the fines set forth in Section 307.01, a fine of not less than five hundred twenty-five dollars ($525.00) and not more than one thousand six hundred twenty-five dollars ($1,625).
4. In all cases, a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of one to seven years. 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, 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 division (f)(1)E. of this section, 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) of this section 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), (2), (3), or (4) of this section, a mandatory jail term of 30 consecutive days. The court shall impose the 30-day mandatory jail term under this division unless, subject to division (f)(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 30-day mandatory jail term. Notwithstanding the jail terms set forth in Section 307.01, 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)(5), (6), or (7) 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 division (f)(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 60-day mandatory jail term. Notwithstanding the jail terms set forth in Section 307.01, 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, notwithstanding the fines set forth in Section 307.01, a fine of not less than eight hundred fifty dollars ($850.00) and not more than two thousand seven hundred fifty dollars ($2,750).
4. In all cases, a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for a definite period of two to 12 years. 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. Division (f)(5) of this section applies regarding any vehicle that is subject to an order of criminal forfeiture under this section.
6. In all cases, the court shall order the offender to participate with a community addiction services provider authorized by R.C. § 5119.21, and shall order the offender to follow the treatment recommendations of the services provider. The operator of the services provider 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 services provider shall submit the results of the assessment to the court, including all treatment recommendations and clinical diagnoses related to alcohol use.
D. Except as otherwise provided in division (f)(1)E. of this section, 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) of this section 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 shall be prosecuted under appropriate state law.
E. An offender who previously has been convicted of or pleaded guilty to a violation of R.C. § 4511.19(A) 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 and shall be prosecuted under appropriate state law.
(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 R.C. § 4511.19(F)(2).
(3) If an offender is sentenced to a jail term under division (f)(1)B.1. or 2. or (f)(1)C.1. or 2. of this section and if, within 60 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 60-day period following the date of sentencing, the court may impose an alternative sentence under this section 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 (f)(1)B.1. of this section, the court, under this subsection, may sentence the offender to five consecutive days in jail and not less than 18 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 20 consecutive days required by division (f)(1)B.2. of this section, the court, under this subsection, may sentence the offender to ten consecutive days in jail and not less than 36 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 30 consecutive days required by division (f)(1)C.1. of this section, the court, under this subsection, may sentence the offender to 15 consecutive days in jail and not less than 55 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 15 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 15 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 60 consecutive days required by division (f)(1)C.2. of this section, the court, under this subsection, may sentence the offender to 30 consecutive days in jail and not less than 110 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 30 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 30 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 (f) of this section and if R.C. § 4510.13 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 R.C. § 4503.231, 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 R.C. § 4503.231.
(5) If title to a motor vehicle that is subject to an order of criminal forfeiture under this section is assigned or transferred and division (B)(2) or (3) of R.C. § 4503.234 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.
(6) In all cases in which an offender is sentenced under division f) of this section, the offender shall provide the court with proof of financial responsibility as defined in R.C. § 4509.01. If the offender fails to provide that proof of financial responsibility, the court, in addition to any other penalties provided by law, may order restitution pursuant to R.C. § 2929.18 or 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender's operation of the vehicle before, during or after committing the offense for which the offender is sentenced under division (f) of this section.
(7) A court may order an offender to reimburse a law enforcement agency for any costs incurred by the agency with respect to a chemical test or tests administered to the offender if all of the following apply:
A. The offender is convicted of or pleads guilty to a violation of division (a) of this section.
B. The test or tests were of the offender's whole blood, blood serum or plasma, or urine.
C. The test or tests indicated that the offender had a prohibited concentration of a controlled substance or a metabolite of a controlled substance in the offender's whole blood, blood serum or plasma, or urine at the time of the offense.
(8) As used in division (f) of this section, "electronic monitoring", "mandatory prison term" and "mandatory term of local incarceration" have the same meanings as in R.C. § 2929.01.
(g) Penalty for Operating a Vehicle After Underage Alcohol Consumption.
(1) Whoever violates division (b) of this section is guilty of operating a motor vehicle after underage alcohol consumption and shall be punished as follows:
A. Except as otherwise provided in division (g)(1)B. of this section, the offender is guilty of a misdemeanor of the fourth degree;
B. The offender is guilty of a misdemeanor of the third degree if, within one year of the offense, the offender has been convicted of or pleaded guilty to any violation of the following:
1. Divisions (a) or (b) of this section or Ohio R.C. 4511.19(A) or (B);
2. 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;
3. A municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath, or urine;
4. Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section;
5. Ohio R.C. 2903.06(A)(1) or 2903.08(A)(1) or a municipal ordinance that is substantially equivalent to either of those divisions;
6. Ohio R.C. 2903.06(A)(2), (3) or (4) or 2903.08(A)(2) or a municipal ordinance that is substantially equivalent to any of those divisions, or former Ohio R.C. 2903.07 or a substantially equivalent municipal ordinance, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
7. A statute of the United States or of any other state or a municipal ordinance of a municipality located in any other state that is substantially equivalent to Ohio R.C. 4511.19(A) or (B).
(2) In addition to or independent of all other penalties provided by law, the offender's driver's or commercial driver's license or permit or nonresident operating privilege shall be suspended in accordance with and for the period of time specified in Ohio R.C. 4507.16(E).
(h) Physical Control.
(1) Generally. No person shall be in actual physical control of any vehicle within this Municipality if any of the following apply:
A. The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.
B. The person has a concentration of 0.08% or more by weight of alcohol in the person's blood.
C. The person has a concentration of 0.08 grams or more by weight of alcohol per 210 liters of the person's breath.
D. The person has a concentration of 0.11 grams or more by weight of alcohol per 100 milliliters of the person's urine.
(2) Underage Alcohol Consumption. No person under 21 years of age shall be in actual physical control of any vehicle within this Municipality if any of the following apply:
A. The person has a concentration of at least 0.02% but less than 0.08% by weight of alcohol in the person's blood.
B. The person has a concentration of at least 0.02 grams but less than 0.08 grams by weight of alcohol per 210 liters of the person's breath.
C. The person has a concentration of at least 0.028 grams but less than 0.11 grams by weight of alcohol per 100 milliliters of the person's urine.
(3) Prosecution; Limitation on Convictions. In any proceeding arising out of one incident, a person may be charged with a violation of division (h)(1)A. and a violation of division (h)(2)A., B., or C. of this section, but the person may not be convicted of more than one violation of these divisions.
(4) Penalty. Whoever violates this division (h) is guilty of a misdemeanor of the first degree.
(Ord. 150-2003. Passed 7-7-03; Ord. 40-2020. Passed 4-20-20.)
Statutory reference:
Disposition of fines, immobilization of vehicle and impoundment of license plates, criminal forfeiture for municipal ordinance conviction, see Ohio R.C. 4511.193
Driving under the influence of alcohol or drugs, see Ohio R.C. 4511.19
Effect of refusal to submit to test, seizure of license, suspension periods, appeal procedures, occupational driving privileges, and indigent drivers alcohol treatment funds, see Ohio R.C. 4511.191
Implied consent, see Ohio R.C. 4511.191
Judicial pretrial suspension, initial appearance, see Ohio R.C. 4511.196
Mayor's Court to suspend driver's license, see Ohio R.C. 1905.201
Physical control of vehicle while under the influence, see Ohio R.C. 4511.194
Seizure of vehicles upon arrest, see Ohio R.C. 4511.195
Trial judge to suspend driver's license, see Ohio R.C. 4510.05