(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Ignition interlock device” means a device that connects a breath analyzer to a motor vehicle’s ignition system, that is constantly available to monitor the concentration by weight of alcohol in the breath of any person attempting to start the motor vehicle by using its ignition system, and that deters starting the motor vehicle by use of its ignition system unless the person attempting to so start the vehicle provides an appropriate breath sample for the device and the device determines that the concentration by weight of alcohol in the person’s breath is below a preset level.
(2) “Offender with restricted driving privileges” means an offender who is subject to an order that was issued under Ohio R.C. 4507.16(F) as a condition of the granting of occupational driving privileges or an offender whose driving privilege is restricted as a condition of probation pursuant to Ohio R.C. 2951.02(I).
(b) (1) Except in cases of a substantial emergency when no other person is reasonably available to drive in response to the emergency, no person shall knowingly rent, lease, or lend a motor vehicle to any offender with restricted driving privileges, unless the vehicle is equipped with a functioning ignition interlock device that is certified pursuant to Ohio R.C. 4511.83(D).
(2) Any offender with restricted driving privileges who rents, leases, or borrows a motor vehicle from another person shall notify the person who rents, leases, or lends the motor vehicle to him or her that the offender has restricted driving privileges and of the nature of the restriction.
(3) Any offender with restricted driving privileges who is required to operate a motor vehicle owned by his or her employer in the course and scope of his or her employment may operate that vehicle without the installation of an ignition interlock device, provided that the employer has been notified that the offender has restricted driving privileges and of the nature of the restriction and provided further that the offender has proof of the employer’s notification in his or her 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 an offender with restricted driving privileges is not a motor vehicle owned by an employer, for purposes of this division.
(c) (1) No offender with restricted driving privileges, during any period that he or she is required to operate only a motor vehicle equipped with an ignition interlock device, shall request or permit any other person to breathe into the device or start a motor vehicle equipped with the device for the purpose of providing the offender with an operable motor vehicle.
(2) A. Except as provided in division (c)(2)B. below, no person shall breathe into an ignition interlock device or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to an offender with restricted driving privileges.
B. Division (c)(2)A. above does not apply to an offender with restricted driving privileges who breathes into an ignition interlock device or starts a motor vehicle equipped with an ignition interlock device for the purpose of providing the offender with an operable motor vehicle.
(3) No unauthorized person shall tamper with or circumvent the operation of an ignition interlock device.
(ORC 4511.83(A), (B), (E))
(d) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4511.99(J))