(a) Driving Under the Influence. No person shall operate any vehicle within this Municipality, if, at the time of the operation, any of the following apply:
(1) No person shall operate any vehicle within this Municipality, 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 0.08 grams or more but less than 0.17 grams by weight of alcohol per 210 liters of the person's breath.
E. 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.
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 0.17 grams or more by weight of alcohol per 210 liters of the person's breath.
I. The person has a concentration of 0.238 grams or more by weight of alcohol per 100 milliliters of the person's urine.
J. Except as provided in division (p) of this section, 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 10 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 10 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 10 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 marihuana in the person's urine of at least 10 nanograms of marihuana per milliliter of the person's urine or has a concentration of marihuana in the person's whole blood or blood serum or plasma of at least 2 nanograms of marihuana 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 the person has a concentration of marihuana metabolite in the person’s urine of at least 15 nanograms of marihuana metabolite per milliliter of the person’s urine or has a concentration of marihuana metabolite in the person’s whole blood or blood serum or plasma of at least 5 nanograms of marihuana metabolite per milliliter of the person’s whole blood or blood serum or plasma.
b. The person has a concentration of marihuana metabolite in the person’s urine of at least 35 nanograms of marihuana metabolite per milliliter of the person’s urine or has a concentration of marihuana metabolite in the person’s whole blood or blood serum or plasma of at least 50 nanograms of marihuana 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 100 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 10 nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma.
11. The State Board of Pharmacy has adopted a rule pursuant to Ohio 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. of this section, previously has been convicted of or pleaded guilty to a violation of this division or a substantially equivalent State law or municipal ordinance, division (a)(1) of this section or a substantially equivalent State law or municipal ordinance, or shall do both of the following:
A. Operate any vehicle within this Municipality while under the influence of alcohol, a drug of abuse, or a combination of them;
B. Subsequent to being arrested for operating the vehicle as described in division (a)(2)A. of this section, being asked by a law enforcement officer to submit to a chemical test or tests under Ohio R.C. 4511.191 or any substantially equivalent municipal ordinance, and being advised by the officer in accordance with Ohio R.C. 4511.192 or any substantially equivalent municipal ordinance of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.
(b) Persons Under Twenty-One Years of Age. No person under 21 years of age shall operate any vehicle within this Municipality 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 0.02 grams but less than 0.08 grams by weight of alcohol per 210 liters of the person's breath;
(4) 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. 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), (2), or (3) of this section, but the person may not be convicted of more than one violation of these divisions.
(ORC 4511.19(A) - (C))
(d) Physical Control of Vehicle While Under the Influence.
(1) Definition. As used in this division, "physical control" means being in the driver's position of the front seat of a vehicle and having possession of the vehicle's ignition key or other ignition device.
(2) Generally. No person shall be in physical control of a vehicle if, at the time of the physical control, 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's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in divisions (a)(1)B., (a)(1)C., (a)(1)D., or (a)(1)E. of this section.
C. Except as provided in division (d)(4) of this section, the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the concentration specified in division (a)(1)J. of this section.
(3) A. In any criminal prosecution or juvenile court proceeding for a violation of this section, if a law enforcement officer has administered a field sobriety test to the person in physical control 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 acceptable 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 what 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)(3)A.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.
B. Division (d)(3)A. 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)(3)A. of this section.
(4) Exception. Division (d)(2)C. of this section does not apply to a person who is in physical control of a vehicle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in division (a)(1)J. of this section if both of the following apply:
A. The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
B. The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
(ORC 4511.194) (Ord. 60-03. Passed 7-14-03.)
(e) Evidence; Tests.
(1) A. In any criminal prosecution or juvenile court proceeding for a violation of division (a)(1)A. of this section 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 Ohio 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. In any criminal prosecution or juvenile court proceeding for a violation of division (a) or (b) of this section 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 Ohio 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 test at the request of a law enforcement officer under Ohio R.C. 4511.191 or a substantially equivalent municipal ordinance, 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. The bodily substance withdrawn under this division (e)(1)B. 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 Ohio R.C. 3701.143.
C. As used in division (d)(1)B. of this section, “Emergency medical technician- intermediate” and “Emergency medical technician-paramedic” have the same meanings as in R.C. § 4765.01.
(2) In a criminal prosecution for a violation of division (a) of this section 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. of this section 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. of this section, 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, immediately upon the completion of the chemical test analysis. If the chemical test was obtained pursuant to division (e)(1)B. of this section, 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 Ohio 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 Ohio R.C. 4511.191(A)(5), the form to be read to the person to be tested, as required under division (h) of this section, 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 division (e)(4)B. and C. 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, 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 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 (e)(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 (e)(4)B. of this section.
(f) Laboratory report.
(1) Subject to division (f)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (a)(1)B., (a)(1)C., (a)(1)D., (a)(1)E., (a)(1)F., (a)(1)G., (a)(1)H., (a)(1)I. or (a)(1)J. or (b)(1), (b)(2), (b)(3), or (b)(4) of this section 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 of 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;
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 (f)(1) of this section 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 (f)(1) of this section 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.
(g) Limitation of liability.
(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 Ohio R.C. 4511.19, 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 Ohio R.C. 4511.19, 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 division (g)(1), “Emergency medical technician-intermediate” and “Emergency medical technician-paramedic” have the same meanings as in Ohio R.C.4765.01.
(ORC 4511.19(D) - (F))
(h) Implied Consent.
(1) Definitions. For the purpose of this division (h), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. “Alcohol monitoring device.” Any device that provides for continuous alcohol monitoring, any ignition interlock device, any immobilizing or disabling device other than an ignition interlock device that is constantly available to monitor the concentration of alcohol in a person's system, or any other device that provides for the automatic testing and periodic reporting of alcohol consumption by a person and that a court orders a person to use as a sanction imposed as a result of the person's conviction of or plea of guilty to an offense.
B. “Community addiction services provider.” Has the same meaning as in R.C. § 5119.01.
C. “Physical control” has the same meaning as in Ohio R.C. 4511.194.
(2) 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 or who is in physical control of a vehicle shall be deemed to have given consent to a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine if arrested for a violation of division (a), (b) or (d) of this section, Ohio R.C. 4511.19(A) or (B), 4511.194 or a substantially equivalent municipal ordinance, or any other municipal OVI ordinance.
(3) Administration of tests. The chemical test or tests under division (h)(2) of this section shall be administered at the request of a law enforcement officer having reasonable grounds to believe the person was operating or in physical control of a vehicle in violation of a division, section, or ordinance identified in division (h)(2) of this section. The law enforcement agency by which the officer is employed shall designate which of the tests shall be administered.
(4) Effect of death or unconsciousness. Any person who is dead or unconscious, or who otherwise is in a condition rendering the person incapable of refusal, shall be deemed to have consented as provided in division (h)(2) of this section and the test or tests may be administered, subject to Ohio R.C. 313.12 to 313.16.
(5) Chemical tests.
A. If a law enforcement officer arrests a person for a violation of Ohio R.C. 4511.19(A) or (B), Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance, or a municipal O.V.I. ordinance and if the person if convicted would be required to be sentenced under Ohio R.C. 4511.19(G)(1)(c), (G)(1)(d) or (G)(1)(e), the law enforcement officer shall request the person to submit, and the person shall submit, to a chemical test or tests of the person's whole blood, blood serum or plasma, breath, or urine for the purpose of determining the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine. A law enforcement officer who makes a request pursuant to this division that a person submit to a chemical test or tests is not required to advise the person of the consequences of submitting to, or refusing to submit to, the test or tests and is not required to give the person the form described in division (h)(7) of this section, but the officer shall advise the person at the time of the arrest that if the person refuses to take a chemical test the officer may employ whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person's whole blood or blood serum or plasma. The officer shall also 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. Divisions (h)(3) and (h)(4) of this section apply to the administration of a chemical test or tests pursuant to this division.
B. If a person refuses to submit to a chemical test upon a request made pursuant to division (h)(5)A. of this section, the law enforcement officer who made the request may employ whatever reasonable means are necessary to ensure that the person submits to a chemical test of the person's whole blood or blood serum or plasma. A law enforcement officer who acts pursuant to this division to ensure that a person submits to a chemical test of the person's whole blood or blood serum or plasma is immune from criminal and civil liability based upon a claim for assault and battery or any other claim for the acts, unless the officer so acted with malicious purpose, in bad faith, or in a wanton or reckless manner.
(ORC 4511.191(A))
(6) Advice required. Except as provided in division (h)(5) of this section, the arresting law enforcement officer shall give advice in accordance with this division to any person under arrest for a violation of division (a), (b) or (d) of this section, Ohio R.C. 4511.19(A) or (B), Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance, or any other municipal OVI ordinance. The officer shall give that advice in a written form that contains the information described in division (h)(7) of this section and shall read the advice to the person. The form shall contain a statement that the form was shown to the person under arrest and read to the person by the arresting officer. One or more persons shall witness the arresting officer's reading of the form, and the witnesses shall certify to this fact by signing the form. The person must submit to the chemical test or tests, subsequent to the request of the arresting officer, within two hours of the time of the alleged violation and, if the person does not submit to the test or tests within that two-hour time limit, the failure to submit automatically constitutes a refusal to submit to the test or tests.
(7) Certification of arrest. Except as provided in division (h)(5) of this section, if a person is under arrest as described in division (h)(6) of this section, before the person may be requested to submit to a chemical test or tests to determine the alcohol, drug of abuse, controlled substance, metabolite of a controlled substance, or combination content of the person's whole blood, blood serum or plasma, breath, or urine, the arresting officer shall read the following form to the person:
“You now are under arrest for (specifically state the offense under State law or a substantially equivalent municipal ordinance for which the person was arrested – operating a vehicle under the influence of alcohol, a drug, or a combination of them; operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance; operating a vehicle after underage alcohol consumption; or having physical control of a vehicle while under the influence).
“If you refuse to take any chemical test required by law, your Ohio driving privileges will be suspended immediately, and you will have to pay a fee to have the privileges reinstated. If you have a prior conviction of O.V.I. or operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance under state or municipal law within the preceding 20 years, you are now under arrest for state O.V.I., and, if you refuse to take a chemical test, you will face increased penalties if you subsequently are convicted of the state O.V.I.
(Read this part unless the person is under arrest for solely having physical control of a vehicle while under the influence.) If you take any chemical test required by law and are found to be at or over the prohibited amount of alcohol, a controlled substance, or a metabolite of a controlled substance in your whole blood, blood serum or plasma, breath, or urine as set by law, your Ohio driving privileges will be suspended immediately, and you will have to pay a fee to have the privileges reinstated.
If you take a chemical test, you may have an independent chemical test taken at your own expense.”
(8) Actions required by arresting officer. If the arresting law enforcement officer does not ask a person under arrest as described in division (h)(5) of this section or division (h)(6) of this section to submit to a chemical test or tests under Ohio R.C. 4511.191 or this section, the arresting officer shall seize the Ohio or out-of-state driver's or commercial driver's license or permit of the person and immediately forward it to the court in which the arrested person is to appear on the charge. If the arrested person is not in possession of the person's license or permit or it is not in the person's vehicle, the officer shall order the person to surrender it to the law enforcement agency that employs the officer within 24 hours after the arrest, and, upon the surrender, the agency immediately shall forward the license or permit to the court in which the person is to appear on the charge. Upon receipt of the license or permit, the court shall retain it pending the arrested person's initial appearance and any action taken under Ohio R.C. 4511.196.
(9) Responsibilities of arresting officer.
A. If a law enforcement officer asks a person under arrest as described in division (h)(5) of this section to submit to a chemical test or tests under that division and the test results indicate a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at the time of the alleged offense, or if a law enforcement officer asks a person under arrest as described in division (h)(6) of this section to submit to a chemical test or tests under Ohio R.C. 4511.191 or this section, if the officer advises the person in accordance with this section of the consequences of the person's refusal or submission, and if either the person refuses to submit to the test or tests or, unless the arrest was for a violation of division (d) of this section, Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance, the person submits to the test or tests and the test results indicate a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at the time of the alleged offense, the arresting officer shall do all of the following:
1. On behalf of the Registrar of Motor Vehicles, notify the person that, independent of any penalties or sanctions imposed upon the person, the person's Ohio driver's or commercial driver's license or permit or nonresident operating privilege is suspended immediately, that the suspension will last at least until the person's initial appearance on the charge, which will be held within five days after the date of the person's arrest or the issuance of a citation to the person, and that the person may appeal the suspension at the initial appearance or during the period of time ending 30 days after that initial appearance;
2. Seize the driver's or commercial driver's license or permit of the person and immediately forward it to the Registrar. If the arrested person is not in possession of the person's license or permit or it is not in the person's vehicle, the officer shall order the person to surrender it to the law enforcement agency that employs the officer within 24 hours after the person is given notice of the suspension, and, upon the surrender, the officer's employing agency immediately shall forward the license or permit to the Registrar;
3. Verify the person's current residence 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;
4. Send to the Registrar, within 48 hours after the arrest of the person, a sworn report that includes all of the following statements:
a. That the officer had reasonable grounds to believe that, at the time of the arrest, the arrested person was operating a vehicle in violation of Ohio R.C. 4511.19(A) or (B) or a municipal OVI ordinance or for being in physical control of a stationary vehicle in violation of Ohio R.C. 4511.194 or a substantially equivalent ordinance;
b. That the person was arrested and charged with a violation of Ohio R.C. 4511.19(A) or (B), Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance, or a municipal OVI ordinance;
c. Unless division (h)(9)A.4.e. of this section applies, that the officer asked the person to take the designated chemical test or tests, advised the person in accordance with this section of the consequences of submitting to, or refusing to take, the test or tests, and gave the person the form described in division (h)(6) of this section;
d. Unless division (h)(9)A.4.e. of this section applies, that either the person refused to submit to the chemical test or tests or, unless the arrest was for a violation of Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance, the person submitted to the chemical test or tests and the test results indicate a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at the time of the alleged offense.
e. If the person was under arrest as described in division (h)(5) of this section and the chemical test or tests were performed in accordance with that division, that the person was under arrest as described in that division, that the chemical test or tests were performed in accordance with that division, and that test results indicated a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the person's whole blood, blood serum or plasma, breath, or urine at the time of the alleged offense.
B. Division (h)(9)A. of this section does not apply to a person who is arrested for a violation of division (d) of this section, Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance, who is asked by a law enforcement officer to submit to a chemical test or tests under this section, and who submits to the test or tests, regardless of the amount of alcohol, a controlled substance, or a metabolite of a controlled substance that the test results indicate is present in the person's whole blood, blood serum or plasma, breath, or urine.
(10) Sworn report of arresting officer.
A. The arresting officer shall give the officer's sworn report that is completed under this section to the arrested person at the time of the arrest, or the Registrar of Motor Vehicles shall send the report to the person by regular first class mail as soon as possible after receipt of the report, but not later than 14 days after receipt of it. 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 subsequently is sworn to by the arresting officer. As soon as possible, but not 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 the person was arrested.
B. The sworn report of an arresting officer completed under this section is prima facie proof of the information and statements that it contains. It shall be admitted and considered as prima facie proof of the information and statements that it contains in any appeal under Ohio R.C. 4511.197 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.
(ORC 4511.192)
(i) Deposit of Twenty-Five Dollars ($25.00) of Fine Into Indigent Drivers Alcohol Treatment Fund; Vehicle Immobilization or Forfeiture Orders by Court.
(1) Deposit of moneys into fund. Twenty-five dollars ($25.00) of any fine imposed for a violation of a municipal OVI ordinance shall be deposited into the Municipal or County Indigent Drivers Alcohol Treatment Fund, created pursuant to Ohio R.C. 4511.191(H), in accordance with this division (i), Ohio R.C. 733.40, Ohio R.C. 1901.024(A) and (B), Ohio R.C. 1901.31(F) or Ohio R.C. 1907.20(C). Regardless of whether the fine is imposed by a municipal court, a mayor's court or a juvenile court, if the fine was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a municipal court, the twenty-five dollars ($25.00) that is subject to this division (i) shall be deposited into the Indigent Drivers Alcohol Treatment Fund of the municipal corporation in which is located the municipal court that has jurisdiction over the Municipality. Regardless of whether the fine is imposed by a county court, a mayor's court or a juvenile court, if the fine was imposed for a violation of an ordinance of a municipal corporation that is within the jurisdiction of a county court, the twenty-five dollars ($25.00) that is subject to this division (i) shall be deposited into the Indigent Drivers Alcohol Treatment Fund of the county in which is located the county court that has jurisdiction over the Municipality. The deposit shall be made in accordance with Ohio R.C. 733.40, Ohio R.C. 1901.024(A) and (B), Ohio R.C. 1901.31(F) or Ohio R.C. 1907.20(C).
(2) Authority and effect of immobilization and impoundment by court. The requirements and sanctions imposed by this division (i)(2) and division (i)(3) of this section are an adjunct to and derive from the State's exclusive authority over the registration and titling of motor vehicles and do not comprise a part of the criminal sentence to be imposed upon a person who violates a municipal OVI ordinance.
(3) Immobilization of vehicles and impoundment of license plates by court. If a person is convicted of or pleads guilty to a violation of a municipal OVI ordinance, if the vehicle the offender was operating at the time of the offense is registered in the offender's name, and if, within six years of the current offense, the offender has been convicted of or pleaded guilty to one or more violations of Ohio R.C. 4511.19(A) or (B) or one or more other equivalent offenses, the court, in addition to and independent of any sentence that it imposes upon the offender for the offense, shall do whichever of the following is applicable:
A. Except as otherwise provided in this division (i)(3) of this section, if, within six years of the current offense, the offender has been convicted of or pleaded guilty to one violation described in this division (i)(3) of this section, the court shall order the immobilization for ninety days of that vehicle the offender was operating at the time of the offense and the impoundment for ninety days of the license plates of that vehicle. The order for the immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.
B. If, within six years of the current offense, the offender has been convicted of or pleaded guilty to two or more violations described in this division (i)(3), or if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 4511.19(A), under circumstances in which the violation was a felony and regardless of when the violation and the conviction or guilty plea occurred, the court shall order the criminal forfeiture to the State of that vehicle. The order of criminal forfeiture shall be issued and enforced in accordance with Ohio R.C. 4503.234.
(ORC 4511.193)
(j) Seizure and Detention of Vehicle and License Plates Where Arrestee Has Prior Conviction; Return, Impoundment, Immobilization or Forfeiture After Disposition of Charge; Rights of Vehicle Owner.
(1) Definitions. As used in this division (j):
A. "Arrested person means a person who is arrested for a violation of Ohio R.C. 4511.19(A) or a municipal OVI ordinance and whose arrest results in a vehicle being seized under division (j)(2) to (5) of this section.
B. "Vehicle owner" means either of the following:
1. The person in whose name is registered, at the time of the seizure, a vehicle that is seized under division (j)(2) to (5) of this section;
2. A person to whom the certificate of title to a vehicle that is seized under division (j)(2) to (5) of this section has been assigned and who has not obtained a certificate of title to the vehicle in that person's name, but who is deemed by the court as being the owner of the vehicle at the time the vehicle was seized under division (j)(2) to (5) of this section.
C. "Interested party" includes the owner of a vehicle seized under this division, all lienholders, the arrested person, the owner of the place of storage at which a vehicle seized under this subsection is stored, and the person that caused the vehicle to be removed.
(2) Seizure of vehicle and license plates by arresting officer; exceptions; notice to operator.
A. The arresting officer or another officer of the law enforcement agency that employs the arresting officer, in addition to any action that the arresting officer is required or authorized to take by Ohio R.C. 4511.19 or 4511.191 or by any other provision of law, shall seize the vehicle that a person was operating at the time of the alleged offense and its license plates if the vehicle is registered in the arrested persons' name and if either of the following applies:
1. The person is arrested for a violation of Ohio R.C. 4511.19 or of a municipal OVI ordinance and, within six years of the alleged violation, the person previously has been convicted of or pleaded guilty to one or more violations of Ohio R.C. 4511.19(A) or (B) or one or more other equivalent offenses.
2. The person is arrested for a violation of Ohio R.C. 4511.19(A) or of a municipal OVI ordinance, and the person previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 4511.19(A), under circumstances in which the violation was a felony, regardless of when the prior felony violation of Ohio R.C. 4511.19(A) and the conviction or guilty plea occurred.
B. A law enforcement agency that employs a law enforcement officer who makes an arrest of a type that is described in division (j)(2)A. of this section and that involves a rented or leased vehicle that is being rented or leased for a period of thirty days or less, shall notify, within twenty-four hours after the officer makes the arrest, the lessor or owner of the vehicle regarding the circumstances of the arrest and the location at which the vehicle may be picked up. At the time of the seizure of the vehicle, the law enforcement officer who made the arrest shall give the arrested person written notice that the vehicle and its license plates have been seized; that the vehicle either will be kept by the officer's law enforcement agency or will be immobilized at least until the operator's initial appearance on the charge of the offense for which the arrest was made; that, at the initial appearance, the court, in certain circumstances, may order that the vehicle and license plates be released to the arrested person until the disposition of that charge; and that, if the arrested person is convicted of that charge, the court generally must order the immobilization of the vehicle and the impoundment of its license plates, or the forfeiture of the vehicle.
(3) Notice to court and vehicle owner. The arresting officer or a law enforcement officer of the agency that employs the arresting officer shall give written notice of the seizure to the court that will conduct the initial appearance of the arrested person on the charges arising out of the arrest. Upon receipt of the notice, the court promptly shall determine whether the arrested person is the vehicle owner. If the court determines that the arrested person is not the vehicle owner, it promptly shall send by regular mail written notice of the seizure to the vehicle's registered owner. The written notice shall contain all of the information required by division (j)(2)B. of this section to be in a notice to be given to the arrested person and also shall specify the date, time and place of the arrested person's initial appearance. The notice also shall inform the vehicle owner that if title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and Ohio R.C. 4503.234(B)(2) or (3) applies, the court may fine the arrested person the value of the vehicle. The notice to the arrested person also shall state that if the vehicle is immobilized under Ohio R.C. 4503.233(A), seven days after the end of the period of immobilization a law enforcement agency will send the vehicle owner a notice, informing the owner that if the release of the vehicle is not obtained in accordance with Ohio R.C. 4503.233(D)(3), the vehicle shall be forfeited. The notice also shall inform the vehicle owner that the vehicle owner may be charged expenses or charges incurred under this division and Ohio R.C. 4503.233 for the removal and storage of the vehicle.
The written notice that is given to the arrested person also shall state that if the person is convicted of or pleads guilty to the offense and the court issues an immobilization and impoundment order relative to that vehicle, Ohio R.C. 4503.233(D)(4) prohibits the vehicle from being sold during the period of immobilization without the prior approval of the court.
(4) Release of vehicle and license plates to vehicle owner. At or before the initial appearance, the vehicle owner may file a motion requesting the court to order that the vehicle and its license plates be released to the vehicle owner. Except as provided in divisions (j)(2) to (5) of this section and subject to the payment of expenses or charges incurred in the removal and storage of the vehicle, the court, in its discretion, then may issue an order releasing the vehicle and its license plates to the vehicle owner. Such an order may be conditioned upon such terms as the court determines appropriate, including the posting of a bond in an amount determined by the court. If the arrested person is not the vehicle owner and if the vehicle owner is not present at the arrested person's initial appearance, and if the court believes that the vehicle owner was not provided with adequate notice of the initial appearance, the court, in its discretion, may allow the vehicle owner to file a motion within seven days of the initial appearance. If the court allows the vehicle owner to file such a motion after the initial appearance, the extension of time granted by the court does not extend the time within which the initial appearance is to be conducted. If the court issues an order for the release of the vehicle and its license plates, a copy of the order shall be made available to the vehicle owner. If the vehicle owner presents a copy of the order to the law enforcement agency that employs the law enforcement officer who arrested the arrested person, the law enforcement agency promptly shall release the vehicle and its license plates to the vehicle owner upon payment by the vehicle owner of any expenses or charges incurred in the removal and storage of the vehicle.
(5) Disposition of seized vehicles and license plates. A vehicle seized under division (j)(2)A. of this section either shall be towed to a place specified by the law enforcement agency that employs the arresting officer, to be safely kept by the agency at that place for the time and in the manner specified in this division (j), or shall be otherwise immobilized for the time and in the manner specified in this division (j). A law enforcement officer of that agency shall remove the identification license plates of the vehicle, and they shall be safely kept by the agency for the time and in the manner specified in this division (j). No vehicle that is seized and either towed or immobilized pursuant to division (j)(2) to (5) of this section shall be considered contraband for purposes of Ohio R.C. Chapter 2981. The vehicle shall not be immobilized at any place other than a commercially operated private storage lot, a place owned by a law enforcement agency or other government agency, or a place to which one of the following applies:
A. The place is leased by or otherwise under the control of a law enforcement agency or other government agency.
B. The place is owned by the vehicle operator, the vehicle operator's spouse, or a parent or child of the vehicle operator.
C. The place is owned by a private person, and, prior to the immobilization, the private person that owns the place, or the authorized agent of that private person, has given express written consent for the immobilization to be carried out at that place.
D. The place is a street or highway on which the vehicle is parked in accordance with law.
(6) Keeping of vehicles and license plates pending initial appearance of operator. A vehicle seized under division (j)(2)to (5) of this section shall be safely kept at the place to which it is towed or otherwise moved by the law enforcement agency that employs the arresting officer until the initial appearance of the arrested person relative to the charge in question. The license plates of the vehicle that are removed pursuant to divisions (j)(2)to (5) of this section shall be safely kept by the law enforcement agency that employs the arresting officer until the initial appearance of the arrested person relative to the charge in question.
(7) Initial appearance; sentence; orders for immobilization of vehicle, impoundment of license plates or forfeiture of vehicle. At the initial appearance or not less than seven days prior to the date of final disposition, the court shall notify the arrested person that if title to a motor vehicle that is subject to an order for criminal forfeiture under this section is assigned or transferred and Ohio R.C. 4503.234(B)(2) or (3) applies, the court may fine the arrested person the value of the vehicle. If, at the initial appearance, the arrested person pleads guilty to the violation of Ohio R.C. 4511.19(A) or of the municipal OVI ordinance, or pleads no contest to and is convicted of the violation, the court shall impose sentence upon the person as provided by law or ordinance, shall order the immobilization of the vehicle the arrested person was operating at the time of the offence if registered in the arrested person's name and the impoundment of its license plates under Ohio R.C. 4503.233 and Ohio R.C. 4511.19 or 4511.193, or the criminal forfeiture to the state of the vehicle if registered in the arrested person's name under Ohio R.C. 4503.234 and Ohio R.C. 4511.19 or 4511.193, whichever is applicable; and the vehicle and its license plates shall not be returned or released to the arrested person.
(8) Dismissal of charge; return of vehicle and license plates. If, at any time, the charge that the arrested person violated Ohio R.C. 4511.19(A) or the municipal OVI ordinance is dismissed for any reason, the court shall order that the vehicle seized at the time of the arrest and its license plates immediately be released to the person.
(9) Retention of vehicle and license plates pendente lite; disposition upon final adjudication of charge. If a vehicle and its license plates are seized under division (j)(2) to (5) of this section and are not returned or released to the arrested person pursuant to division (j)(6) to (8) of this section, the vehicle and its license plates shall be retained until the final disposition of the charge in question. Upon the final disposition of that charge, the court shall do whichever of the following is applicable:
A. If the arrested person is convicted of or pleads guilty to the violation of Ohio R.C. 45119.19(A) or of the municipal OVI ordinance, the court shall impose sentence upon the person as provided by law or ordinance and shall order the immobilization of the vehicle the person was operating at the time of the offense if it is registered in the arrested person's name, and the impoundment of its license plates under Ohio R.C. 4503.233 and Ohio R.C. 4511.19 or 4511.193, or the criminal forfeiture of the vehicle if it is registered in the arrested person's name under Ohio R.C. 4503.234 and Ohio R.C. 4511.19 or 4511.193, whichever is applicable.
B. If the arrested person is found not guilty of the violation of Ohio R.C. 4511.19 or the municipal OVI ordinance, the court shall order that the vehicle and its license plates immediately be released to the arrested person.
C. If the charge that the arrested person violated Ohio R.C. 4511.19(A) or if the municipal OVI ordinance is dismissed for any reason, the court shall order that the vehicle and its license plates immediately be released to the arrested person.
(10) Impoundment not authorized. If the impoundment of the vehicle was not authorized under this division (j), the court shall order that the vehicle and its license plates be returned immediately to the arrested person or, if the arrested person is not the vehicle owner, to the vehicle owner, and shall order that the State or political subdivision of the law enforcement agency served by the law enforcement officer who seized the vehicle pay all expenses and charges incurred in its removal and storage.
(11) Credit of period of detention of vehicle and license plates against period of immobilization and impoundment. If a vehicle is seized under division (j)(2) to (5) of this section, the time between the seizure of the vehicle and either its release to the arrested person under division (j)(6) to (8) of this section, or the issuance of an order of immobilization of the vehicle under Ohio R.C. 4503.233, shall be credited against the period of immobilization ordered by the court.
(12) Towing and storage charges. Except as provided in division (j)(10) of this section, the arrested person or entity may be charged expenses or charges incurred in the removal and storage of the immobilized vehicle. The court with jurisdiction over the case, after notice to all interested parties, including lienholders, and after an opportunity for them to be heard, if the court finds that the arrested person does not intend to seek release of the vehicle at the end of the period of immobilization under Ohio R.C. 4503.233 or that the arrested person is not or will not be able to pay the expenses and charges incurred in its removal and storage, may order that title to the vehicle be transferred, in order of priority, first into the name of the person who removed it, next into the name of a lienholder, or lastly into the name of the owner of the place of storage. Any lienholder that receives title under a court order shall do so on the condition that it pay any expenses or charges incurred in the vehicle's removal and storage. If the person or entity that receives title to the vehicle is the person or entity that removed it, the person or entity shall receive title on the condition that it pay any lien on the vehicle. The court shall not order that title be transferred to any person other than the owner of the place of storage if the person or entity refuses to receive the title. Any person or entity that receives title either may keep title to the vehicle or may dispose of the vehicle in any legal manner that it considers appropriate, including assignment of the certificate of title to the motor vehicle to a salvage dealer or a scrap metal processing facility. The person or entity shall not transfer the vehicle to the person who is the vehicle's immediate previous owner.
If the person or entity that receives title assigns the motor vehicle to a salvage dealer or scrap metal processing facility, the person shall send the assigned certificate of title to the motor vehicle to the clerk of the court of common pleas of the county in which the salvage dealer or scrap metal processing facility is located. The person or entity shall mark the face of the certificate of title with the words "FOR DESTRUCTION" and shall deliver a photocopy of the certificate of title to the salvage dealer or scrap metal processing facility for its records.
Whenever a court issues an order under this division (j)(12), the court shall also order removal of the license plates from the vehicle and cause them to be sent to the Registrar of Motor Vehicles if they have not already been sent to the Registrar. Thereafter, no further proceedings shall take place under this section or under Ohio R.C. 4503.233.
Prior to initiating a proceeding under this division (j)(12), and upon payment of the fee under Ohio R.C. 4505.14(B), any interested party may cause a search to be made of the public records of the Ohio Bureau of Motor Vehicles or the Clerk of the Court of Common Pleas to ascertain the identity of any lienholder of the vehicle. The initiating party shall furnish this information to the clerk of the court with jurisdiction over the case, and the clerk shall provide notice to the arrested person, any lienholder, and any other interested parties listed by the initiating party, at the last known address supplied by the initiating party, by certified mail or, at the option of the initiating party, by personal service or ordinary mail.
(ORC 4511.195)
(k) Initial Appearance; New Suspension of License.
(1) Initial appearance to be held within five days of arrest or citation. If a person is arrested for being in physical control of a vehicle in violation of Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance, or for operating a vehicle in violation of Ohio R.C. 4511.19(A) or (B) or a municipal OVI ordinance, 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, the person's initial appearance on the charge resulting from the arrest shall be held within five days of the person's arrest or the issuance of the citation to the person.
(2) Imposition of new suspension of license or permit upon termination of prior suspension at initial appearance. If a person is arrested as described in division (k)(1) of this section, if the person's driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Ohio R.C. 4511.191, in relation to that arrest, if the person appeals the suspension in accordance with Ohio R.C. 4511.197, and if the judge, magistrate or mayor terminates the suspension in accordance with that section, the judge, magistrate or mayor, at any time prior to adjudication on the merits of the charge resulting from the arrest, may impose a new suspension of the person's license, permit or nonresident operating privilege, notwithstanding the termination, if the judge, magistrate or mayor determines that the person's continued driving will be a threat to public safety.
(3) Imposition of new suspension of license or permit at initial appearance without prior suspension. If a person is arrested as described in division (k)(1) of this section, and if the person's driver's or commercial driver's license or permit or nonresident operating privilege has not been suspended under Ohio R.C. 4511.191, in relation to that arrest, the judge, magistrate or mayor, at any time prior to the adjudication on the merits of the charge resulting from the arrest, may impose a suspension of the person's license, permit or nonresident operating privilege if the judge, magistrate or mayor determines that the person's continued driving will be a threat to public safety.
(4) Duration of new suspension; credit of suspension period against later judicial suspension. A suspension under division (k)(2) or (3) of this section shall continue until the complaint on the charge resulting from the arrest is adjudicated on the merits. A court that imposes a suspension under division (k)(3) of this section shall send the person's driver's license or permit to the Registrar of Motor Vehicles. If the court possesses the license or permit of a person in the category described in division (k)(3) of this section and the court does not impose a suspension under that division (k)(3), the court shall return the license or permit to the person if the license or permit has not otherwise been suspended or cancelled.
Any time during which the person serves a suspension of the person's license, permit, or privilege that is imposed pursuant to division (k)(2) or (3) of this section shall be credited against any period of judicial suspension of the person's license, permit or privilege that is imposed under Ohio R.C. 4511.19(G) or under Ohio R.C. 4510.07 for a violation of a municipal ordinance substantially equivalent to Ohio R.C. 4511.19(A).
(5) Felony offenses; suspension of license. If a person is arrested and charged with a violation of Ohio R.C. 2903.08 or a violation of Ohio R.C. 2903.06 that is a felony offense, the judge at the person's initial appearance, preliminary hearing, or arraignment may suspend the person's driver's or commercial driver's license or permit or nonresident operating privilege if the judge determines at any of those proceedings that the person's continued driving will be a threat to public safety.
A suspension imposed under this division shall continue until the indictment or information alleging the violation specified in this division is adjudicated on the merits. A court that imposes a suspension under this division shall send the person's driver's or commercial driver's license or permit to the Registrar.
(ORC 4511.196)
(l) Appeal of Suspension Under Implied Consent Provisions; Length of Suspension that is Upheld or not Appealed; Petition for Limited Driving Privileges.
(1) If a person is arrested for operating a vehicle in violation of Ohio R.C. 4511.19(A) or (B) or a municipal OVI ordinance or for being in physical control of a vehicle in violation of Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance and if the person's driver's or commercial driver's license or permit or nonresident operating privilege is suspended under Ohio R.C. 4511.191, the person may appeal the suspension at the person's initial appearance on the charge resulting from the arrest or within the period ending 30 days after the person's initial appearance on that charge, in the court in which the person will appear on that charge. If the person appeals the suspension, the appeal itself does not stay the operation of the suspension. If the person appeals the suspension, either the person or the Registrar of Motor Vehicles may request a continuance of the appeal, and the court may grant the continuance. The court also may continue the appeal on its own motion. Neither the request for, nor the granting of, a continuance stays the suspension that is the subject of the appeal, unless the court specifically grants a stay.
(2) A person shall file an appeal under division (l)(1) of this section in the municipal court, county court, juvenile court, mayor's court, or court of common pleas that has jurisdiction over the charge in relation to which the person was arrested.
(3) If a person appeals a suspension under division (1)(1) of this section, the scope of the appeal is limited to determining whether one or more of the following conditions have not been met:
A. Whether the arresting law enforcement officer had reasonable ground to believe the arrested person was operating a vehicle in violation of Ohio R.C. 4511.19 (A) or (B) a municipal OVI ordinance or was in physical control of a vehicle in violation of Ohio R.C. 4511.194 or a substantially equivalent municipal ordinance and whether the arrested person was in fact placed under arrest;
B. Whether the law enforcement officer requested the arrested person to submit to the chemical test or tests designated pursuant to Ohio R.C. 4511.191(A);
C. Whether the arresting officer informed the arrested person of the consequences of refusing to be tested or of submitting to the test or tests;
D. Whichever of the following is applicable:
1. Whether the arrested person refused to submit to the chemical test or tests requested by the officer;
2. Whether the arrest was for a violation of Ohio R.C. 4511.19(A) or (B) or a municipal OVI ordinance and, if it was, whether the chemical test results indicate that the arrested person's whole blood contained a concentration of 0.08% or more by weight of alcohol, the person's blood serum or plasma contained a concentration of 0.96% or more by weight of alcohol, the person's breath contained a concentration of 0.08 of one gram or more by weight of alcohol per 210 liters of the person's breath, or the person's urine contained a concentration of 0.11 of one gram or more by weight of alcohol per 100 milliliters of the person's urine at the time of the alleged offense.
(4) A person who appeals a suspension under division (l)(1) of this section has the burden of proving, by a preponderance of the evidence, that one or more of the conditions specified in division (l)(3) of this section has not been met. If, during the appeal, the judge or magistrate of the court or the mayor of the mayor's court determines that all of those conditions have been met, the judge, magistrate, or mayor shall uphold the suspension, continue the suspension, and notify the registrar of motor vehicles of the decision on a form approved by the registrar.
Except as otherwise provided in this section, if a suspension imposed under Ohio R.C. 4511.191 is upheld on appeal or if the subject person does not appeal the suspension under division (l)(1) of this section, the suspension shall continue until the complaint alleging the violation for which the person was arrested and in relation to which the suspension was imposed is adjudicated on the merits or terminated pursuant to law. If the suspension was imposed under Ohio R.C. 4511.191(B)(1) and it is continued under this section, any subsequent finding that the person is not guilty of the charge that resulted in the person being requested to take the chemical test or tests under Ohio R.C. 4511.191(A) does not terminate or otherwise affect the suspension. If the suspension was imposed under Ohio R.C. 4511.191(C) in relation to an alleged misdemeanor violation of Ohio R.C. 4511.19(A) or (B) or of a municipal OVI ordinance and it is continued under this section, the suspension shall terminate if, for any reason, the person subsequently is found not guilty of the charge that resulted in the person taking the chemical test or tests.
If, during the appeal, the judge or magistrate of the trial court or the mayor of the mayor's court determines that one or more of the conditions specified in division (l)(3) of this section have not been met, the judge, magistrate, or mayor shall terminate the suspension, subject to the imposition of a new suspension under Ohio R.C. 4511.196(B); shall notify the Registrar of Motor Vehicles of the decision on a form approved by the Registrar; and, except as provided in Ohio R.C. 4511.196(B), shall order the Registrar to return the driver's or commercial driver's license or permit to the person or to take any other measures that may be necessary, if the license or permit was destroyed under Ohio R.C. 4510.53, to permit the person to obtain a replacement driver's or commercial driver's license or permit from the Registrar or a Deputy Registrar in accordance with that section. The court also shall issue to the person a court order, valid for not more than ten days from the date of issuance, granting the person operating privileges for that period.
(5) Any person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended pursuant to Ohio R.C. 4511.191 may file a petition requesting limited driving privileges in the common pleas court, municipal court, county court, mayor's court, or juvenile court with jurisdiction over the related criminal or delinquency case. The petition may be filed at any time subsequent to the date on which the arresting law enforcement officer serves the notice of suspension upon the arrested person but no later than 30 days after the arrested person's initial appearance or arraignment. Upon the making of the request, limited driving privileges may be granted under Ohio R.C. 4510.021 and 4510.13, regardless of whether the person appeals the suspension under this section or appeals the decision of the court on the appeal, and, if the person has so appealed the suspension or decision, regardless of whether the matter has been heard or decided by the court. The person shall pay the costs of the proceeding, notify the Registrar of the filing of the petition, and send the registrar a copy of the petition. The court may not grant the person limited driving privileges when prohibited by Ohio R.C. 4510.13 or 4511.191.
(5) Any person whose driver's or commercial driver's license or permit has been suspended under Ohio R.C. 4511.19 or under Ohio R.C. 4510.07 for a conviction of a municipal OVI offense and who desires to retain the license or permit during the pendency of an appeal, at the time sentence is pronounced, shall notify the court of record or mayor's court that suspended the license or permit of the person's intention to appeal. If the person so notifies the court, the court, mayor, or clerk of the court shall retain the license or permit until the appeal is perfected, and, if execution of sentence is stayed, the license or permit shall be returned to the person to be held by the person during the pendency of the appeal. If the appeal is not perfected or is dismissed or terminated in an affirmance of the conviction, then the license or permit shall be taken up by the court, mayor, or clerk, at the time of putting the sentence into execution, and the court shall proceed in the same manner as if no appeal was taken.
(6) Except as otherwise provided in this division, if a person whose driver's or commercial driver's license or permit or nonresident operating privilege was suspended under section Ohio R.C. 4511.191 appeals the suspension under division (l)(1) of this section, the prosecuting attorney of the county in which the arrest occurred shall represent the Registrar of Motor Vehicles in the appeal. If the arrest occurred within a municipal corporation within the jurisdiction of the court in which the appeal is conducted, the city director of law, village solicitor, or other chief legal officer of that municipal corporation shall represent the Registrar. If the appeal is conducted in a municipal court, the Registrar shall be represented as provided in Ohio R.C. 1901.34. If the appeal is conducted in a mayor's court, the city director of law, village solicitor, or other chief legal officer of the municipal corporation that operates that mayor's court shall represent the Registrar.
(7) The court shall give information in writing of any action taken under this section to the Registrar of Motor Vehicles.
(8) When it finally has been determined under the procedures of this section that a nonresident's privilege to operate a vehicle within this State has been suspended, the Registrar of Motor Vehicles shall give information in writing of the action taken to the motor vehicle administrator of the state of the nonresident's residence and of any state in which the nonresident has a license.
(ORC 4511.197)
(m) Penalty for Driving Under the Influence.
(1) Whoever violates any provisions of divisions (a)(1)A. through (a)(1)I. or (a)(2) of this section 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. of this section 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 (m)(1)A. through (m)(1)E. of this section:
A. Except as otherwise provided in division (m)(1)B., (m)(1)C., (m)(1)D. or (m)(1)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 penalties and sanctions provided in R.C. § 4511.19(G)(1)(a)(i) to (G)(1)(a)(iv).
B. Except as otherwise provided in division (m)(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) 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 penalties and sanctions provided in R.C. § 4511.19(G)(1)(b)(i) to (G)(1)(b)(v).
C. Except as otherwise provided in division (m)(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) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the penalties and sanctions provided in R.C. § 4511.19(G)(1)(c)(i) to (G)(1)(c)(vi).
D. Except as otherwise provided in division (m)(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 more violations of division (a) 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, or an offender who previously has been convicted of or pleaded guilty to a specification of the type described in R.C. § 2941.1413, is guilty of a felony to 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 to 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 or R.C. § 4511.19 as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in R.C. § 4511.191(F)(2).
(3) A. If an offender is sentenced to a jail term under R.C. § 4511.19(G)(1)(b)(i) or (G)(1)(b)(ii) or (G)(1)(c)(i) or (G)(1)(c)(ii) 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 as specified in R.C. § 4511.19(G)(3) that includes a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring.
B. As an alternative to the mandatory jail terms as required by R.C. § 4511.19(G)(1), the court may sentence the offender as provided in R.C. § 4511.19(G)(3).
(4) If an offender’s driver’s or occupational driver’s license or permit or nonresident operating privilege is suspended under division (m) of this section or R.C. § 4511.19(G) 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 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 R.C. § 4503.231(B).
(5) Fines imposed under this section for a violation of division (a) of this section shall be distributed as provided in R.C. § 4511.19(G)(5).
(6) If title to a motor vehicle that is subject to an order of criminal forfeiture under division (m)(1)C., (m)(1)D. or (m)(1)E. of this section is assigned or transferred and R.C. § 4503.234(B)(2) or (B)(3) 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 Automobile Dealers Association. The proceeds of any fine so imposed shall be distributed in accordance with division (C)(2) of that section.
(7) In all cases in which an offender is sentenced under division (m) 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 § 501.99(f) or R.C. § 2929.18 or 2929.28 in an amount not exceeding $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 (m) of this section.
(8) 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.
(9) As used in division (m) of this section, “electronic monitoring” has the same meaning as in R.C. § 2929.01.
(n) Penalty for Operating a Vehicle After Underage Alcohol Consumption. Whoever violates division (b) of this section is guilty of operating a motor vehicle after underage alcohol consumption and shall be punished as follows:
(1) Except as otherwise provided in division (n)(2) of this section, the offender is guilty of a misdemeanor of the fourth degree. In addition to any other sanction imposed for the offense, the court shall impose a class six 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 Ohio R.C. 4510.02(A)(6). 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. If the court grants unlimited driving privileges under R.C. § 4510.022, the court shall suspend any jail term imposed under division (i)(1) of this section as required under that section.
(2) If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one or more violations of division (a) of this section or other equivalent offense or offenses, the offender is guilty of a misdemeanor of the third degree. In addition to any other sanction imposed for the offense, the court shall impose a class four 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)(4). The court may grant limited driving privileges relative to the suspension under R.C. §§ 4510.021 and 4510.13.
(3) 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, then, in addition to any other penalties provided by law, the court may order restitution pursuant to § 501.99(f) or R.C. § 2929.28 in an amount not exceeding $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 violation of division (b) of this section.
(o) (1) No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under Ohio R.C. Chapter 3793 by the Director of Alcohol and Drug Addiction Services.
(2) An offender who stays in a drivers' intervention program or in an alcohol treatment program under an order issued under this section shall pay the cost of the stay in the program. However, if the court determines that an offender who stays in an alcohol treatment program under an order issued under this section is unable to pay the cost of the stay in the program, the court may order that the cost be paid from the court's indigent drivers' alcohol treatment fund.
(p) If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section or Ohio R.C. 4511.19 files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension.
(q) Division (a)(1)J. of this section does not apply to a person who operates a vehicle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or urine that equals or exceeds the amount specified in that division, if both of the following apply:
(1) The person obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(2) The person injected, ingested, or inhaled the controlled substance in accordance with the health professional's directions.
(r) The prohibited concentrations of a controlled substance or a metabolite of a controlled substance listed in division (a)(1)J. of this section also apply in a prosecution of a violation of Ohio R.C. 2923.16(D) in the same manner as if the offender is being prosecuted for a prohibited concentration of alcohol.
(s) All terms defined in Ohio R.C. 4510.01 apply to this section. If the meaning of a term defined in Ohio R.C. 4510.01 conflicts with the meaning of the same term as defined in Ohio R.C. 4501.01 or 4511.01, the term as defined in Ohio R.C. 4510.01 applies to this section.
(ORC 4511.19(G) - (M))
(t) License Suspension or Denial for Violation of Out-of-State O.V.I. Statutes and Ordinances.
(1) General authority and responsibilities of Registrar; appeals. The Registrar shall impose a class D suspension of the person's driver's license, commercial driver's license, or temporary instruction permit, probationary license, or nonresident operating privilege for the period of time specified in Ohio R.C. 4510.02(B)(4) on any person who is a resident of this State and is convicted of or pleads guilty to a violation of a statute of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially equivalent to Ohio R.C. 4511.19. Upon receipt of a report from another state made pursuant to Ohio R.C. 4510.61 indicating that a resident of this State was convicted of or pleaded guilty to an offense described in this division, the Registrar shall send a notice by regular first class mail to the person, at the person's last known address as shown in the records of the Bureau of Motor Vehicles, informing the person of the suspension, that the suspension or denial will take effect 21 days from the date of the notice, and that, if the person wishes to appeal the suspension, the person must file a notice of appeal within 21 days of the date of the notice requesting a hearing on the matter. If the person requests a hearing, the Registrar shall hold the hearing not more than 40 days after receipt by the Registrar of the notice of appeal. The filing of a notice of appeal does not stay the operation of the suspension that must be imposed pursuant to this division. The scope of the hearing shall be limited to whether the person actually was convicted of or pleaded guilty to the offense for which the suspension is to be imposed. The suspension the Registrar is required to impose under this division shall end either on the last day of the class D suspension period or of the suspension of the person's nonresident operating privilege imposed by the state or federal court, whichever is earlier.
(2) Petition for occupational driving privileges. Any person whose license or permit has been suspended pursuant to this section may file a petition in the municipal or county court, or in case the person is under 18 years of age, the juvenile court, in whose jurisdiction the person resides, agreeing to pay the cost of the proceedings and alleging that the suspension would seriously affect the person's ability to continue the person's employment. Upon satisfactory proof that there is reasonable cause to believe that the suspension would seriously affect the person's ability to continue the person's employment, the judge may grant the person limited driving privileges during the period during which the suspension otherwise would be imposed, except that the judge shall not grant limited driving privileges for employment as a driver of a commercial motor vehicle to any person who would be disqualified from operating a commercial motor vehicle under Ohio R.C. 4506.16 if the violation had occurred in this State, or during any of the following periods of time:
A. The first 15 days of a suspension under division (t)(1) of this section, if the person has not been convicted within six years of the date of the offense giving rise to the suspension under this section of a violation of any of the following:
1. Ohio R.C. 4511.19, or 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;
2. A municipal ordinance relating to operating a motor 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;
3. Ohio R.C. 2903.04 in a case in which the person was subject to the sanctions described in division (D) of that section;
4. Ohio R.C. 2903.06(A)(1) or Ohio R.C. 2903.08(A)(1) or a municipal ordinance that is substantially equivalent to either of those divisions;
5. Ohio R.C. 2903.06(A)(2), (3), or (4), Ohio R.C. 2903.08(A)(2), or as it existed prior to March 23, 2000 Ohio R.C. 2903.07, or a municipal ordinance that is substantially equivalent to any of those divisions or that former section, in a case in which the jury or judge found that the person was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.
B. The first 30 days of a suspension under division (t)(1) of this section, if the person has been convicted one time within six years of the date of the offense giving rise to the suspension under this section of any violation identified in division (t)(2)A. of this section.
C. The first 180 days of a suspension under division (t)(1) of this section, if the person has been convicted two times within six years of the date of the offense giving rise to the suspension under this section of any violation identified in division (t)(2)A. of this section.
D. No limited driving privileges may be granted if the person has been convicted three or more times within five years of the date of the offense giving rise to a suspension under division (t)(1) this section of any violation identified in division (t)(2)A. of this section. If a person petitions for limited driving privileges under division (t)(2) of this section, the registrar shall be represented by the county prosecutor of the county in which the person resides if the petition is filed in a juvenile court or county court, except that if the person resides within a city or village that is located within the jurisdiction of the county in which the petition is filed, the city director of law or village solicitor of that city or village shall represent the registrar. If the petition is filed in a municipal court, the registrar shall be represented as provided in Ohio R.C. 1901.34.
In granting limited driving privileges under division (t)(2) of this section, the court may impose any condition it considers reasonable and necessary to limit the use of a vehicle by the person. The court shall deliver to the person a permit card, in a form to be prescribed by the court, setting forth the time, place, and other conditions limiting the person's use of a motor vehicle. The grant of limited driving privileges shall be conditioned upon the person's having the permit in the person's possession at all times during which the person is operating a vehicle.
A person granted limited driving privileges who operates a vehicle for other than limited purposes, in violation of any condition imposed by the court or without having the permit in the person's possession, is guilty of a violation of Ohio R.C. 4510.11.
(ORC 4510.17(B), (E))
(u) As used in this section:
(1) "Community residential sanction", "continuous alcohol monitoring", "jail", "mandatory prison term", "mandatory term of local incarceration", "prison term", and "sanction" have the same meanings as in Ohio R.C. 2929.01.
(2) "Drug of abuse" has the same meaning as in Ohio R.C. 4506.01.
(3) "Equivalent offense" means any of the following:
A. A violation of R.C. § 4511.19(A);
B. A violation of a municipal O.V.I. ordinance;
C. A violation of Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in division (D) of that section;
D. A violation of Ohio R.C. 2903.06(A)(1) or Ohio R.C. 2903.08 or a municipal ordinance that is substantially equivalent to either of those divisions;
E. A violation of Ohio R.C. 2903.06(A)(2), (A)(3), or (A)(4), Ohio R.C. 2903.08(A)(2), or former Ohio R.C. 2903.07, or a municipal ordinance that is substantially equivalent to any of those divisions or that former section, in a case in which a judge or jury as the trier of fact found that the offender was under the influence of alcohol, a drug of abuse, or a combination of them;
F. A violation of R.C. § 1547.11(A);
G. A violation of a municipal ordinance prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane or similar device on the waters of this state while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane or similar device on the waters of this State 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;
H. A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to R.C. § 4511.19(A) or 1547.11(A);
I. A violation of a former law of this state that was substantially equivalent to R.C. § 4511.19(A) or 1547.11(A).
(4) “Equivalent offense that is vehicle-related.” An equivalent offense that is any of the following:
A. A violation described in division A., B., C., D. or E. of the definition for “equivalent offense” provided in this division (u);
B. A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to R.C. § 4511.19(A);
C. A violation of a former law of this state that was substantially equivalent to R.C. § 4511.19(A).
(5) “Mandatory jail term” means the mandatory term in jail of 3, 6, 10, 20, 30, or 60 days that must be imposed under Ohio R.C. 4511.19(G)(1)(a), (G)(1)(b), or (G)(1)(c) upon an offender convicted of a violation of division (A) of that section and in relation to which all of the following apply:
A. Except as specifically authorized under Ohio R.C. 4511.19, the term must be served in a jail.
B. Except as specifically authorized under Ohio R.C. 4511.19, the term cannot be suspended, reduced, or otherwise modified pursuant to Ohio R.C. 2929.21 through 2929.28 or any other provision of the Ohio Revised Code.
(6) “Municipal O.V.I. ordinance” and “municipal O.V.I. offense” mean any municipal ordinance prohibiting a person from operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from 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.
(ORC 4511.181)
(v) Penalty for Physical Control. Whoever violates division (d) of this section is guilty of a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on the offender a class seven 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 Ohio R.C. 4510.02(A)(7).