Columbus City Codes § 2133.01 Operating a vehicle under the influence.
2133.01 - Operating a vehicle under the influence.
(A) (1)
No person shall operate any vehicle, streetcar, or trackless trolley within this City, 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 eight-hundredths (0.08) of one (1) percent or more but less than seventeen-hundredths (0.17) of one (1) percent by weight per unit volume of alcohol in the person's whole blood.
(c) The person has a concentration of ninety-six-thousandths (0.096) of one (1) percent or more but less than two hundred four-thousandths (0.204) of one (1) percent by weight per unit volume of alcohol in the person's blood serum or plasma.
(d) The person has a concentration of eight-hundredths (0.08) of one (1) gram or more but less than seventeen-hundredths (0.17) of one (1) gram by weight of alcohol per two hundred ten (210) liters of the person's breath.
(e) The person has a concentration of eleven-hundredths (0.11) of one (1) gram or more but less than two hundred thirty-eight-thousandths (0.238) of one (1) gram by weight of alcohol per one hundred (100) milliliters of the person's urine.
(f) The person has a concentration of seventeen-hundredths (0.17) of one (1) percent or more by weight per unit volume of alcohol in the person's whole blood.
(g) The person has a concentration of two hundred four-thousandths (0.204) of one (1) percent or more by weight per unit volume of alcohol in the person's blood serum or plasma.
(h) The person has a concentration of seventeen-hundredths (0.17) of one (1) gram or more by weight of alcohol per two hundred ten (210) liters of the person's breath.
(i) The person has a concentration of two hundred thirty-eight-thousandths (0.238) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of the person's urine.
(j) Except as provided in division (K) 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:
(i) The person has a concentration of amphetamine in the person's urine of at least five hundred (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 one hundred (100) nanograms of amphetamine per milliliter of the person's whole blood or blood serum or plasma.
(ii) The person has a concentration of cocaine in the person's urine of at least one hundred fifty (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 fifty (50) nanograms of cocaine per milliliter of the person's whole blood or blood serum or plasma.
(iii) The person has a concentration of cocaine metabolite in the person's urine of at least one hundred fifty (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 fifty (50) nanograms of cocaine metabolite per milliliter of the person's whole blood or blood serum or plasma.
(iv) The person has a concentration of heroin in the person's urine of at least two thousand (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 fifty (50) nanograms of heroin per milliliter of the person's whole blood or blood serum or plasma.
(v) The person has a concentration of heroin metabolite (6-monoacetyl morphine) in the person's urine of at least ten (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 ten (10) nanograms of heroin metabolite (6-monoacetyl morphine) per milliliter of the person's whole blood or blood serum or plasma.
(vi) The person has a concentration of L.S.D. in the person's urine of at least twenty-five (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 ten (10) nanograms of L.S.D. per milliliter of the person's whole blood or blood serum or plasma.
(vii) The person has a concentration of marihuana in the person's urine of at least ten (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 two (2) nanograms of marihuana per milliliter of the person's whole blood or blood serum or plasma.
(viii) Either of the following applies:
(I) The person is under the influence of alcohol, a drug of abuse, or a combination of them, and, as measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least fifteen (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 five (5) nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(II) As measured by gas chromatography mass spectrometry, the person has a concentration of marihuana metabolite in the person's urine of at least thirty-five (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 fifty (50) nanograms of marihuana metabolite per milliliter of the person's whole blood or blood serum or plasma.
(ix) The person has a concentration of methamphetamine in the person's urine of at least five hundred (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 one hundred (100) nanograms of methamphetamine per milliliter of the person's whole blood or blood serum or plasma.
(x) The person has a concentration of phencyclidine in the person's urine of at least twenty-five (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 ten (10) nanograms of phencyclidine per milliliter of the person's whole blood or blood serum or plasma.
(2) No person who, within twenty (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, division (A)(1) or (B) of this section, or a municipal OVI offense shall do both of the following:
(a) Operate any vehicle, streetcar, or trackless trolley within this state while under the influence of alcohol, a drug of abuse, or a combination of them;
(b) Subsequent to being arrested for operating the vehicle, streetcar, or trackless trolley 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 Section 4511.191 of the Revised Code, and being advised by the officer in accordance with Section 4511.192 of the Revised Code of the consequences of the person's refusal or submission to the test or tests, refuse to submit to the test or tests.
(B) No person under twenty-one (21) years of age shall operate any vehicle within this City, if, at the time of the operation, any of the following apply:
(1) The person has a concentration of at least two-hundredths (0.02) of one (1) percent but less than eight-hundredths (0.08) of one (1) percent by weight per unit volume of alcohol in the person's whole blood.
(2) The person has a concentration of at least three-hundredths (0.03) of one (1) percent but less than ninety-six-thousandths (0.096) of one (1) percent by weight per unit volume of alcohol in the person's blood serum or plasma.
(3) The person has a concentration of at least two-hundredths (0.02) of one (1) gram but less than eight-hundredths (0.08) of one (1) gram by weight of alcohol per two hundred ten (210) liters of the person's breath.
(4) The person has a concentration of at least twenty-eight one-thousandths (0.028) of one (1) gram but less than eleven-hundredths (0.11) of one (1) gram by weight of alcohol per one hundred (100) milliliters of the person's urine.
(C) In any proceeding arising out of one (1) incident, a person may be charged with a violation of division (A)(1) and a violation of division (B)(1), (2), or (3) of this section, but the person may not be convicted of more than one (1) violation of these divisions.
(D) (1)
In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, 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 (3) hours of the time of the alleged violation. The three (3)-hour time limit specified in this division regarding the admission of evidence does not extend or affect the two (2)-hour time limit specified in division (A) of Section 4511.192 of the Revised Code as the maximum period of time during which a person may consent to a chemical test or tests as described in that section.
When a person submits to a blood test at the request of a law enforcement officer under Section 4511.191 of the Ohio Revised Code, only a physician, a registered nurse, or a qualified technician, chemist, or phlebotomist shall withdraw blood 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 shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director pursuant to Section 3701.143 of the Ohio Revised Code.
(2) In a criminal prosecution or juvenile court proceeding for a violation of division (A) of this section, if there was at the time the bodily substance was withdrawn a concentration of less than the applicable concentration of alcohol specified in divisions (A)(1)(b), (c), (d), and (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 or juvenile court proceeding 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.
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. The form to be read to the person to be tested, as required under Section 4511.192 of the Ohio Revised Code, 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 divisions (D)(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.A. 105.
(b) In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section, 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:
(i) The officer may testify concerning the results of the field sobriety test so administered.
(ii) 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.
(iii) If testimony is presented or evidence is introduced under division (D)(4)(b)(i) or (ii) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate.
(c) Division (D)(4)(b) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (D)(4)(b) of this section.
(E) (1)
Subject to division (E)(3) of this section, in any criminal prosecution or juvenile court proceeding for a violation of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) or (B)(1), (2), (3), or (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 Ohio 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 or 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 Ohio Department of Health.
(2) Notwithstanding any other provision of law regarding the admission of evidence, a report of the type described in division (E)(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 (E)(1) of this section shall not be prima-facie evidence of the contents, identity, or amount of any substance if, within seven (7) 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 (7)-day time limit in the interest of justice.
(F) Except as otherwise provided in this division, any physician, registered nurse, or qualified technician, chemist, or phlebotomist who withdraws blood from a person pursuant to this section, and any hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability and 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 is not available to a person who withdraws blood if the person engages in willful or wanton misconduct.
(G) (1)
Whoever violates any provision of divisions (A)(1)(a) to (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 Chapter 2929 of the Ohio Revised Code, except as otherwise authorized or required by divisions (G)(1)(a) to (e) of this section:
(a) Except as otherwise provided in division (G)(1)(b), (c), (d), or (e) of this section, the offender is guilty of a misdemeanor of the first degree, and the court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of three (3) consecutive days. As used in this division, three (3) consecutive days means seventy-two (72) consecutive hours. The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three (3)-day mandatory jail term or intervention program. However, in no case shall the cumulative jail term imposed for the offense exceed six (6) months.
The court may suspend the execution of the three (3)-day jail term under this division if the court, in lieu of that suspended term, places the offender on probation and requires the offender to attend, for three (3) consecutive days, a drivers' intervention program certified under Section 3793.10 of the Ohio Revised Code. The court also may suspend the execution of any part of the three (3)-day jail term under this division if it places the offender on probation for part of the three (3) days, requires the offender to attend for the suspended part of the term a drivers' intervention program so certified, and sentences the offender to a jail term equal to the remainder of the three (3) consecutive days that the offender does not spend attending the program. The court may require the offender, as a condition of probation and in addition to the required attendance at a drivers' intervention program, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 3793 of the Ohio Revised Code by the Ohio Director of Alcohol and Drug Addiction Services that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose on the offender any other conditions of probation that it considers necessary.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as otherwise provided in this division, a mandatory jail term of at least three (3) consecutive days and a requirement that the offender attend, for three (3) consecutive days, a drivers' intervention program that is certified pursuant to Section 3793.10 of the Ohio Revised Code. As used in this division, three (3) consecutive days means seventy-two (72) consecutive hours. If the court determines that the offender is not conducive to treatment in a drivers' intervention program, if the offender refuses to attend a drivers' intervention program, or if the jail at which the offender is to serve the jail term imposed can provide a driver's intervention program, the court shall sentence the offender to a mandatory jail term of at least six (6) consecutive days.
The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Chapter 3793 of the Ohio Revised Code by the Ohio Director of Alcohol and Drug Addiction Services, in addition to the required attendance at drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose any other conditions of probation on the offender that it considers necessary.
(iii) In all cases, a fine of not less than three hundred dollars ($300.00) and not more than one thousand dollars ($1,000.00);
(iv) In all cases, pursuant to Section 4510.07 of the Ohio Revised Code, a class five license suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in division (A)(5) of Section 4510.02 of the Ohio Revised Code. The court may grant limited driving privileges relative to the suspension under Sections 4510.021 and 4510.13 of the Ohio Revised Code.
(b) Except as otherwise provided in division (G)(1)(e) of this section, an offender who previously has been convicted of or pleaded guilty to one (1) violation of division (A) or (B) of this section or one (1) other equivalent offense is guilty of a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of ten (10) consecutive days. The court shall impose the ten (10)-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the ten (10)-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six (6) months.
In addition to the jail term or the term of electronically monitored house arrest and jail term, the court may require the offender to attend a drivers' intervention program that is certified pursuant to Section 3793.10 of the Ohio Revised Code. If the operator of the program determines that the offender is alcohol dependent, the program shall notify the court, and, subject to division (I) of this section, the court shall order the offender to obtain treatment through an alcohol and drug addiction program authorized by Section 3793.02 of the Ohio Revised Code.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, except as otherwise provided in this division, a mandatory jail term of twenty (20) consecutive days. The court shall impose the twenty (20)-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the twenty (20)-day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six (6) months.
In addition to the jail term or the term of electronically monitored house arrest and jail term, the court may require the offender to attend a driver's intervention program that is certified pursuant to Section 3793.10 of the Ohio Revised Code. If the operator of the program determines that the offender is alcohol dependent, the program shall notify the court, and, subject to division (I) of this section, the court shall order the offender to obtain treatment through an alcohol and drug addiction program authorized by Section 3793.02 of the Ohio Revised Code.
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929 of the Ohio Revised Code, a fine of not less than four hundred dollars ($400.00) and not more than one thousand five hundred dollars ($1,500.00);
(iv) In all cases, pursuant to Section 4510.07 of the Ohio Revised Code, a class four (4) license 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 division (A)(4) of Section 4510.02 of the Ohio Revised Code. The court may grant limited driving privileges relative to the suspension under Sections 4510.021 and 4510.13 of the Ohio Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name immobilization of the vehicle involved in the offense for ninety (90) days in accordance with Section 4503.233 of the Ohio Revised Code and impoundment of the license plates of that vehicle for ninety (90) days.
(c) Except as otherwise provided in division (G)(1)(e) of this section, an offender who previously has been convicted of or pleaded guilty to two (2) violations of division (A) or (B) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of thirty (30) consecutive days. The court shall impose the thirty (30)-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the thirty (30)-day mandatory jail term. Notwithstanding the terms of imprisonment set forth in Chapter 2929 of the Ohio Revised Code, the additional jail term shall not exceed one (1) year, and the cumulative jail term imposed for the offense shall not exceed one (1) year.
(ii) If the sentence is being impose or (i) or division (A)(2) of this section, a mandatory jail term of sixty (60) consecutive days. The court shall impose the sixty (60)-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the sixty (60)-day mandatory jail term. Notwithstanding the terms of imprisonment set forth in Chapter 2929 of the Ohio Revised Code, the additional jail term shall not exceed one (1) year, and the cumulative jail term imposed for the offense shall not exceed one (1) year.
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929 of the Ohio Revised Code, a fine of not less than five hundred fifty dollars ($550.00) and not more than two thousand five hundred dollars ($2,500.00);
(iv) In all cases, pursuant to Section 4510.07 of the Ohio Revised Code, a class three (3) license 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 division (A)(3) of Section 4510.02 of the Ohio Revised Code. The court may grant limited driving privileges relative to the suspension under Sections 4510.021 and 4510.13 of the Ohio Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name, criminal forfeiture of the vehicle involved in the offense in accordance with Section 4503.234 of the Ohio Revised Code.
(vi) In all cases, participation in an alcohol and drug addiction program authorized by Section 3793.02 of the Ohio Revised Code, subject to division (I) of this section.
(d) Except as otherwise provided in division (G)(1)(e) of this section, an offender who previously has been convicted of or pleaded guilty to three (3) or more violations of division (A) or (B) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the following:
(i) If the sentence is being imposed for a violation of division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory jail term of sixty (60) consecutive days. The court shall impose the sixty (60)-day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the sixty (60)-day mandatory jail term. Notwithstanding the terms of imprisonment set forth in Chapter 2929 of the Ohio Revised Code, the additional jail term shall not exceed one (1) year, and the cumulative jail term imposed for the offense shall not exceed one (1) year.
(ii) If the sentence is being imposed for a violation of division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this section, a mandatory term jail term of one hundred twenty (120) consecutive days. The court shall impose the one hundred twenty (120) day mandatory jail term under this division unless, subject to division (G)(3) of this section, it instead imposes a sentence under that division consisting of both a jail term and a term of electronically monitored house arrest. The court may impose a jail term in addition to the one hundred twenty (120) day mandatory jail term. Notwithstanding the terms of imprisonment set forth in Chapter 2929 of the Ohio Revised Code, the additional jail term shall not exceed one (1) year, and the cumulative jail term imposed for the offense shall not exceed one (1) year.
(iii) In all cases, notwithstanding the fines set forth in Chapter 2929 of the Ohio Revised Code, a fine of not less than eight hundred dollars ($800.00) nor more than ten thousand dollars ($10,000.00);
(iv) In all cases, pursuant to Section 4510.07 of the Ohio Revised Code, a class three (3) license 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 division (A)(3) of Section 4510.02 of the Ohio Revised Code. The court may grant limited driving privileges relative to the suspension under Sections 4510.021 and 4510.13 of the Ohio Revised Code.
(v) In all cases, if the vehicle is registered in the offender's name, criminal forfeiture of the vehicle involved in the offence in accordance with Section 4503.234 of the Ohio Revised Code.
(vi) In all cases, participation in an alcohol and drug addiction program authorized by Section 3793.02 of the Ohio Revised Code, subject to division (I) of this section.
(e) (i)
If, within six (6) years of the instant offense, the offender has been convicted of or pleaded guilty to three (3) or four (4) violations of divisions (A) or (B) of this section or other equivalent offenses or, within twenty (20) years of the offense, previously has been convicted of or pleaded guilty to five (5) or more violations of that nature, the offender is guilty of a felony to be prosecuted under appropriate state law.
(ii) If the offender previously has been convicted of or pleaded guilty to a violation of division (A) of Section 4511.19 of the Ohio Revised Code under circumstances in which the violation was a felony, regardless of when the prior violation and the prior conviction or guilty plea occurred, the offender 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 as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in division (F)(2) of Section 4511.191 of the Ohio Revised Code.
(3) If an offender is sentenced to a jail term under division (G)(1)(b)(i) or (ii), (G)(1)(c)(i) or (ii), or (G)(1)(d)(i) or (ii) of this section and if, within sixty (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 sixty (60)-day period following the date of sentencing, the court may impose an alternative sentence under this division that includes a term of electronically monitored house arrest, as defined in Section 2929.23 of the Ohio Revised Code.
As an alternative to a mandatory jail term of ten (10) consecutive days required by division (G)(1)(b)(i) of this section, the court, under this division, may sentence the offender to five (5) consecutive days in jail and not less than eighteen (18) consecutive days of electronically monitored house arrest. The cumulative total of the five (5) consecutive days in jail and the period of electronically monitored house arrest shall not exceed six (6) months. The five (5) consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of twenty (20) consecutive days required by division (G)(1)(b)(ii) of this section, the court, under this division, may sentence the offender to ten (10) consecutive days in jail and not less than thirty-six (36) consecutive days of electronically monitored house arrest. The cumulative total of the ten (10) consecutive days in jail and the period of electronically monitored house arrest shall not exceed six (6) months. The ten (10) consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to a mandatory jail term of thirty (30) consecutive days required by division (G)(1)(c)(i) of this section, the court, under this division, may sentence the offender to fifteen (15) consecutive days in jail and not less than fifty-five (55) consecutive days of electronically monitored house arrest. The cumulative total of the fifteen (15) consecutive days in jail and the period of electronically monitored house arrest shall not exceed one (1) year. The fifteen (15) consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty (60) consecutive days required by division (G)(1)(c)(ii) of this section, the court, under this division, may sentence the offender to thirty (30) consecutive days in jail and not less than one hundred ten (110) consecutive days of electronically monitored house arrest. The cumulative total of the thirty (30) consecutive days in jail and the period of electronically monitored house arrest shall not exceed one (1) year. The thirty (30) consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to a mandatory jail term of sixty (60) consecutive days required by division (G)(1)(d)(i) of this section, the court, under this division, may sentence the offender to thirty (30) consecutive days in jail and not less than seventy (70) consecutive days of electronically monitored house arrest. The cumulative total of the thirty (30) consecutive days in jail and the period of electronically monitored house arrest shall not exceed one (1) year. The thirty (30) consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
As an alternative to the mandatory jail term of one hundred twenty (120) consecutive days required by division (G)(1)(d)(ii) of this section, the court, under this division, may sentence the offender to sixty (60) consecutive days in jail and not less than one hundred seventy (170) consecutive days of electronically monitored house arrest. The cumulative total of the sixty (60) consecutive days in jail and the period of electronically monitored house arrest shall not exceed one (1) year. The sixty (60) consecutive days in jail do not have to be served prior to or consecutively to the period of house arrest.
(4) If an offender's driver's or occupational driver's license or permit or nonresident operating privilege is suspended under division (G) of this section and if Section 4510.13 of the Ohio Revised Code permits the court to grant limited driving privileges, the court may grant the limited driving privileges only if the court imposes as one of the conditions 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 Section 4503.231 of the Ohio Revised Code, except as provided in division (B) of that section.
(5) If title to a motor vehicle that is subject to an order of criminal forfeiture under division (G)(1)(c) or (d) of this section is assigned or transferred and division (B)(2) or (3) of Section 4503.234 of the Ohio Revised Code applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealers association.
(H) Whoever violates division (B) of this section is guilty of operating a vehicle after underage alcohol consumption and shall be punished as follows:
(1) Except as otherwise provided in division (H)(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 (6) 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 division (A)(6) of Section 4510.02 of the Ohio Revised Code.
(2) If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) or more violations of division (A) or (B) of this section or other equivalent 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 (4) 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 division (A)(4) of Section 4510.02 of the Ohio Revised Code.
(I) (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 Chapter 3793 of the Ohio Revised Code by the Ohio 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.
(J) If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension.
(K) Division (A)(1)(j) of this section does not apply to a person who operates a vehicle, streetcar, or trackless trolley 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.
(L) All terms defined in Sections 4510.01 of the Ohio Revised Code apply to this section. If the meaning of a term defined in Section 4510.01 of the Ohio Revised Code conflicts with the meaning of the same term as defined in Section 4501.01 or 4511.01 of the Ohio Revised Code, the term as defined in Section 4510.01 of the Ohio Revised Code applies to this section.
(ORC § 4511.19; Ord. 1679-94: Ord. 1675-03 § 1 (part): Ord. 2120-03 § 1 (part): Ord. 2276-2006 § 1 (part).)