(A) No person who holds a commercial driver’s license or commercial driver’s license temporary instruction permit or who operates a motor vehicle for which a commercial driver’s license or permit is required shall do any of the following:
(1) Drive a commercial motor vehicle while having a measurable or detectable amount of alcohol or of a controlled substance in the person’s blood, breath, or urine;
(2) Drive a commercial motor vehicle while having an alcohol concentration of .04% or more by whole blood or breath;
(3) Driver a commercial motor vehicle while having an alcohol concentration of .048% or more by blood serum or blood plasma;
(4) Drive a commercial motor vehicle while having an alcohol concentration of .056% or more by urine;
(5) Drive a motor vehicle while under the influence of a controlled substance;
(6) Drive a motor vehicle in violation of R.C. § 4511.19 or a municipal OVI ordinance as defined in R.C. § 4511.181;
(7) Use a vehicle in the commission of a felony;
(8) Refuse to submit to a test under R.C. § 4506.17 or R.C. § 4511.191, or any substantially equivalent municipal ordinance;
(9) Operate a commercial motor vehicle while the person’s commercial driver’s license or permit or other commercial driving privileges are revoked, suspended, cancelled, or disqualified;
(10) Cause a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the offenses of aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter;
(11) Fail to stop after an accident in violation of R.C. §§ 4549.02 to 4549.03, or any substantially equivalent municipal ordinance;
(12) Drive a commercial motor vehicle in violation of any provision of R.C. §§ 4511.61 to 4511.63 or any federal or local law or ordinance pertaining to railroad-highway grade crossings;
(13) Use a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance as defined in R.C. § 3719.01 or the possession with intent to manufacture, distribute, or dispense a controlled substance;
(14) Use a commercial motor vehicle in the commission of a violation of R.C. § 2905.32 or any other substantially equivalent offense established under federal law or the laws of another state.
(R.C. § 4506.15(A))
(B) No person shall refuse to immediately surrender the person’s commercial driver’s license or permit to a peace officer when required to do so by R.C. § 4506.17.
(R.C. § 4506.17(H))
(C) (1) Within the jurisdictional limits of the appointing authority, any peace officer shall stop and detain any person found violating division (A) of this section without obtaining a warrant. When there is reasonable ground to believe that a violation of division (A) of this section 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 R.C. § 4506.17(C), or submits to a test that discloses the presence of a controlled substance or an alcohol concentration of .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.
(2) As used in this division (C), JURISDICTIONAL LIMITS means the limits within which a peace officer may arrest and detain a person without a warrant under 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 R.C. Chapter 4506.
(R.C. § 4506.23)
(D) Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C.§§ 4506.15(B), 4506.17(N))
(E) The offenses established under division (A) of this section are strict liability offenses and R.C. § 2901.20 does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(R.C. § 4506.15(C)) Penalty, see § 71.99
Statutory reference:
Alcohol or controlled substance testing, disqualification of drivers, see R.C. § 4506.17