Sec. 120.36. (A)(1) Subject to division (A)(2), (3), (4), | 15 |
(5), or (6) of this section, if a person who is a defendant in a | 16 |
criminal case or a party in a case in juvenile court requests or | 17 |
is provided a state public defender, a county or joint county | 18 |
public defender, or any other counsel appointed by the court, the | 19 |
court in which the criminal case is initially filed or the | 20 |
juvenile court, whichever is applicable, shall assess, unless the | 21 |
application fee is waived or reduced, a non-refundable application | 22 |
fee of twenty-five dollars. | 23 |
The court shall direct the person to pay the application fee | 24 |
to the clerk of court. The person shall pay the application fee to | 25 |
the clerk of court at the time the person files an affidavit of | 26 |
indigency or a financial disclosure form with the court, a state | 27 |
public defender, a county or joint county public defender, or any | 28 |
other counsel appointed by the court or within seven days of that | 29 |
date. If the person does not pay the application fee within that | 30 |
seven-day period, the court shall assess the application fee at | 31 |
sentencing or at the final disposition of the case. | 32 |
(7) The court shall assess an application fee pursuant to | 61 |
this section one time per case. For purposes of assessing the | 62 |
application fee, a case means one complete proceeding or trial | 63 |
held in one court for a person on an indictment, information, | 64 |
complaint, petition, citation, writ, motion, or other document | 65 |
initiating a case that arises out of a single incident or a series | 66 |
of related incidents, or when one individual is charged with two | 67 |
or more offenses that the court handles simultaneously. The court | 68 |
may waive or reduce the fee for a specific person in a specific | 69 |
case upon a finding that the person lacks financial resources that | 70 |
are sufficient to pay the fee or that payment of the fee would | 71 |
result in an undue hardship. | 72 |
(B) No court, state public defender, county or joint county | 73 |
public defender, or other counsel appointed by the court shall | 74 |
deny a person the assistance of counsel solely due to the person's | 75 |
failure to pay the application fee assessed pursuant to division | 76 |
(A) of this section. A person's present inability, failure, or | 77 |
refusal to pay the application fee shall not disqualify that | 78 |
person from legal representation. | 79 |
(D) The(1) Except as otherwise provided in division (D)(2) | 85 |
of this section, the clerk of the court that assessed the fees | 86 |
shall forward all application fees collected pursuant to this | 87 |
section to the county treasurer for deposit in the county | 88 |
treasury. The county shall retain eighty per cent of the | 89 |
application fees so collected to offset the costs of providing | 90 |
legal representation to indigent persons. Not later than the last | 91 |
day of each month, the county auditor shall remit twenty per cent | 92 |
of the application fees so collected in the previous month to the | 93 |
state public defender. The state public defender shall deposit the | 94 |
remitted fees into the state treasury to the credit of the client | 95 |
payment fund created pursuant to division (B)(5) of section 120.04 | 96 |
of the Revised Code. The state public defender may use that money | 97 |
in accordance with that section. | 98 |
(2) If the court that assessed the fees is a municipal court | 99 |
that is not a county-operated municipal court and appoints counsel | 100 |
for indigent defendants in a manner other than that provided in | 101 |
section 120.33 of the Revised Code, the clerk of the court that | 102 |
assessed the fees shall forward all application fees collected | 103 |
pursuant to this section to the treasurer of the municipal | 104 |
corporation, and the treasurer shall deposit them into a separate | 105 |
account to be used to compensate counsel appointed by the court | 106 |
for indigent defendants. | 107 |
(1) "Clerk of court" means the clerk of the court of common | 124 |
pleas of the county, the clerk of the juvenile court of the | 125 |
county, the clerk of the domestic relations division of the court | 126 |
of common pleas of the county, the clerk of the probate court of | 127 |
the county, the clerk of a municipal court in the county, the | 128 |
clerk of a county-operated municipal court, or the clerk of a | 129 |
county court in the county, whichever is applicable. | 130 |
(B) Whenever a person is charged with any offense other than | 149 |
a traffic offense that is not a moving violation and posts bail, | 150 |
the person shall pay a surcharge of twenty-five dollars. The clerk | 151 |
of the court shall retain the twenty-five dollars until the person | 152 |
is convicted, pleads guilty, forfeits bail, is found not guilty, | 153 |
or has the charges dismissed. If the person is convicted, pleads | 154 |
guilty, or forfeits bail, except as otherwise provided in this | 155 |
division, the clerk shall transmit the twenty-five dollars on or | 156 |
before the twentieth day of the month following the month in which | 157 |
the person was convicted, pleaded guilty, or forfeited bail to the | 158 |
treasurer of state, and the treasurer of state shall deposit it | 159 |
into the indigent defense support fund created under section | 160 |
120.08 of the Revised Code. If the court is a municipal court that | 161 |
is not a county-operated municipal court and appoints counsel for | 162 |
indigent defendants in a manner other than that provided in | 163 |
section 120.33 of the Revised Code, the clerk shall transmit the | 164 |
twenty-five dollars on or before the twentieth day of the month | 165 |
following the month in which the person was convicted, pleaded | 166 |
guilty, or forfeited bail to the treasurer of the municipal | 167 |
corporation, and the treasurer shall deposit it into a separate | 168 |
account to be used to compensate counsel appointed by the court | 169 |
for indigent defendants. If the person is found not guilty or the | 170 |
charges are dismissed, the clerk shall return the twenty-five | 171 |
dollars to the person. | 172 |
(b) AllExcept as otherwise provided in division (A)(1)(b) of | 190 |
this section, all moneys collected pursuant to division (A)(1)(a) | 191 |
of this section during a month shall be transmitted on or before | 192 |
the twentieth day of the following month by the clerk of the court | 193 |
to the treasurer of state and deposited by the treasurer of state | 194 |
to the credit of the indigent defense support fund established | 195 |
under section 120.08 of the Revised Code. If the court is a | 196 |
municipal court that is not a county-operated municipal court and | 197 |
appoints counsel for indigent defendants in a manner other than | 198 |
that provided in section 120.33 of the Revised Code, on or before | 199 |
the twentieth day of the following month the clerk of the court | 200 |
shall transmit all moneys collected pursuant to division (A)(1)(a) | 201 |
of this section during a month to the treasurer of the municipal | 202 |
corporation, and the treasurer of the municipal corporation shall | 203 |
deposit the money into a separate account to be used to compensate | 204 |
counsel appointed by the court for indigent defendants. The court | 205 |
shall not waive the payment of the additional thirty-, twenty-, or | 206 |
ten-dollar court costs, unless the court determines that the | 207 |
offender is indigent and waives the payment of all court costs | 208 |
imposed upon the indigent offender. | 209 |
(b) AllExcept as otherwise provided in division (A)(2)(b) of | 221 |
this section, all moneys collected pursuant to division (A)(2)(a) | 222 |
of this section during a month shall be transmitted on or before | 223 |
the twentieth day of the following month by the clerk of the court | 224 |
to the treasurer of state and deposited by the treasurer of state | 225 |
to the credit of the indigent defense support fund established | 226 |
under section 120.08 of the Revised Code. If the court is a | 227 |
municipal court that is not a county-operated municipal court and | 228 |
appoints counsel for indigent defendants in a manner other than | 229 |
that provided in section 120.33 of the Revised Code, on or before | 230 |
the twentieth day of the following month the clerk of the court | 231 |
shall transmit all moneys collected pursuant to division (A)(2)(a) | 232 |
of this section during a month to the treasurer of the municipal | 233 |
corporation, and the treasurer of the municipal corporation shall | 234 |
deposit the money into a separate account to be used to compensate | 235 |
counsel appointed by the court for indigent defendants. The | 236 |
thirty-, twenty-, or ten-dollar court costs shall be collected in | 237 |
all cases unless the court determines the juvenile is indigent and | 238 |
waives the payment of all court costs, or enters an order on its | 239 |
journal stating that it has determined that the juvenile is | 240 |
indigent, that no other court costs are to be taxed in the case, | 241 |
and that the payment of the thirty-, twenty-, or ten-dollar court | 242 |
costs is waived. | 243 |
(B) Whenever a person is charged with any offense described | 244 |
in division (A)(1) of this section, the court shall add to the | 245 |
amount of the bail the thirty, twenty, or ten dollars required to | 246 |
be paid by division (A)(1) of this section. The thirty, twenty, or | 247 |
ten dollars shall be retained by the clerk of the court until the | 248 |
person is convicted, pleads guilty, forfeits bail, is found not | 249 |
guilty, or has the charges dismissed. If the person is convicted, | 250 |
pleads guilty, or forfeits bail, except as otherwise provided in | 251 |
this division, the clerk shall transmit the thirty, twenty, or ten | 252 |
dollars on or before the twentieth day of the month following the | 253 |
month in which the person was convicted, pleaded guilty, or | 254 |
forfeited bail to the treasurer of state, who shall deposit it to | 255 |
the credit of the indigent defense support fund established under | 256 |
section 120.08 of the Revised Code. If the court is a municipal | 257 |
court that is not a county-operated municipal court and appoints | 258 |
counsel for indigent defendants in a manner other than that | 259 |
provided in section 120.33 of the Revised Code, the clerk of the | 260 |
court shall transmit the thirty, twenty, or ten dollars on or | 261 |
before the twentieth day of the month following the month in which | 262 |
the person was convicted, pleaded guilty, or forfeited bail to the | 263 |
treasurer of the municipal corporation, and the treasurer of the | 264 |
municipal corporation shall deposit it into a separate account to | 265 |
be used to compensate counsel appointed by the court for indigent | 266 |
defendants. If the person is found not guilty or the charges are | 267 |
dismissed, the clerk shall return the thirty, twenty, or ten | 268 |
dollars to the person. | 269 |
The clerk of the court shall transmit thirty-five per cent of
| 284 |
all additional court costs collected pursuant to this division
| 285 |
during a month on or before the twenty-third day of the
| 286 |
following month to the state treasury of which ninety-seven per | 287 |
cent shall be credited to the drug law enforcement fund created
| 288 |
under section 5502.68 of the Revised Code and the remaining three | 289 |
per cent shall be credited to the justice program services fund | 290 |
created under section 5502.67 of the Revised Code. The clerk shall | 291 |
transmit fifteen per cent of all additional court costs so | 292 |
collected during a month on or before the twenty-third day of the | 293 |
following month to the county or municipal indigent drivers
| 294 |
alcohol treatment fund under the control of that court, as
| 295 |
created by the county or municipal corporation under division
| 296 |
(H) of section 4511.191 of the Revised Code. The clerk shall
| 297 |
transmit fifty per cent of all additional court costs so
| 298 |
collected during a month on or before the twenty-third day of
| 299 |
the following month either to the state treasury to be credited
| 300 |
to the indigent defense support fund created pursuant to section | 301 |
120.08 of the Revised Code or if the court is a municipal court | 302 |
that is not a county-operated municipal court and appoints counsel | 303 |
for indigent defendants in a manner other than that provided in | 304 |
section 120.33 of the Revised Code to the treasurer of the | 305 |
municipal corporation, who shall deposit it into a separate | 306 |
account to be used to compensate counsel appointed by the court | 307 |
for indigent defendants. | 308 |
The clerk of the court shall transmit thirty-five per cent of
| 316 |
all additional court costs collected pursuant to this division
| 317 |
during a month on or before the twenty-third day of the
| 318 |
following month to the state treasury of which ninety-seven per | 319 |
cent shall be credited to the drug law enforcement fund created
| 320 |
under section 5502.68 of the Revised Code and the remaining three | 321 |
per cent shall be credited to the justice program services fund | 322 |
created under section 5502.67 of the Revised Code. The clerk shall | 323 |
transmit fifteen per cent of all additional court costs so | 324 |
collected during a month on or before the twenty-third day of the | 325 |
following month to the county juvenile indigent drivers alcohol | 326 |
treatment fund under the control of that court, as created by the | 327 |
county under division (H) of section 4511.191 of the Revised Code. | 328 |
The clerk shall transmit fifty per cent of all additional court | 329 |
costs so collected during a month on or before the twenty-third | 330 |
day of the following month to the
state treasury to be credited | 331 |
to the indigent defense support
fund created pursuant to section | 332 |
120.08 of the Revised Code.
| 333 |
(C) Whenever a person is charged with any offense that is a
| 334 |
moving violation and posts bail, the court shall add to the amount
| 335 |
of the bail the ten dollars required to be paid by division (A)
| 336 |
of this section. The clerk of the court shall retain the ten
| 337 |
dollars until the person is convicted, pleads guilty, forfeits
| 338 |
bail, is found not guilty, or has the charges dismissed. If the
| 339 |
person is convicted, pleads guilty, or forfeits bail, the clerk
| 340 |
shall transmit three dollars and fifty cents out of the ten
| 341 |
dollars to the state treasury of which ninety-seven per cent
| 342 |
shall be credited to the drug law enforcement fund created under
| 343 |
section 5502.68 of the Revised Code and the remaining three per
| 344 |
cent shall be credited to the justice program services fund
| 345 |
created under section 5502.67 of the Revised Code, the clerk shall
| 346 |
transmit one dollar and fifty cents out of the ten dollars to
| 347 |
the county, municipal, or county juvenile indigent drivers
| 348 |
alcohol treatment fund under the control of that court, as
| 349 |
created by the county or municipal corporation under division
| 350 |
(H) of section 4511.191 of the Revised Code, and the clerk
shall | 351 |
transmit five dollars out of the ten dollars either to the state | 352 |
treasury to be credited to the indigent defense
support fund | 353 |
created under section 120.08 of the Revised Code
or if the court | 354 |
is a municipal court that is not a county-operated municipal court | 355 |
and appoints counsel for indigent defendants in a manner other | 356 |
than that provided in section 120.33 of the Revised Code to the | 357 |
treasurer of the municipal corporation, who shall deposit it into | 358 |
a separate account to be used to compensate counsel appointed by | 359 |
the court for indigent defendants. If the
person is found not | 360 |
guilty or the charges are dismissed, the
clerk shall return the | 361 |
ten dollars to the person.
| 362 |
(2) "State fines or costs" means any costs imposed or
| 378 |
forfeited bail collected by the court under section 2743.70 of the
| 379 |
Revised Code for deposit into the reparations fund or collected by | 380 |
the court under section 2949.091 of the Revised Code for deposit | 381 |
into the indigent defense support fund established under section | 382 |
120.08 of the Revised Code or for transmission to the treasurer of | 383 |
a municipal corporation for compensation of counsel appointed for | 384 |
indigent defendants and all fines, penalties, and forfeited bail | 385 |
collected by the court and paid to a law library association under | 386 |
section 307.515 of the Revised Code. | 387 |
(3) "Reimbursement" means any reimbursement for the costs of
| 388 |
confinement that the court orders an offender to pay pursuant to
| 389 |
section 2929.28 of the Revised Code, any supervision fee, any fee
| 390 |
for the costs of house arrest with electronic monitoring that an
| 391 |
offender agrees to pay, any reimbursement for the costs of an
| 392 |
investigation or prosecution that the court orders an offender to
| 393 |
pay pursuant to section 2929.71 of the Revised Code, or any other
| 394 |
costs that the court orders an offender to pay. | 395 |
(B) Unless the court, in accordance with division (C) of this
| 402 |
section, enters in the record of the case a different method of
| 403 |
assigning payments, if a person who is charged with a misdemeanor
| 404 |
is convicted of or pleads guilty to the offense, if the court
| 405 |
orders the offender to pay any combination of court costs, state
| 406 |
fines or costs, restitution, a conventional fine, or any
| 407 |
reimbursement, and if the offender makes any payment of any of
| 408 |
them to a clerk of court, the clerk shall assign the offender's
| 409 |
payment in the following manner:
| 410 |
(C) If a person who is charged with a misdemeanor is
| 436 |
convicted of or pleads guilty to the offense and if the court
| 437 |
orders the offender to pay any combination of court costs, state
| 438 |
fines or costs, restitution, fines, or reimbursements, the court,
| 439 |
at the time it orders the offender to make those payments, may
| 440 |
prescribe an order of payments that differs from the order set
| 441 |
forth in division (B) of this section by entering in the record of
| 442 |
the case the order so prescribed. If a different order is entered
| 443 |
in the record, on receipt of any payment, the clerk of the court
| 444 |
shall assign the payment in the manner prescribed by the court. | 445 |
Sec. 4507.45. If a person's driver's license, commercial | 446 |
driver's license, or nonresident operating privilege is suspended, | 447 |
disqualified, or canceled for an indefinite period of time or for | 448 |
a period of at least ninety days, and if at the end of the period | 449 |
of suspension, disqualification, or cancellation the person is | 450 |
eligible to have the license or privilege reinstated, the | 451 |
registrar of motor vehicles shall collect a reinstatement fee of | 452 |
forty dollars when the person requests reinstatement. However, the | 453 |
registrar shall not collect the fee prescribed by this section if | 454 |
a different driver's license, commercial driver's license, or | 455 |
nonresident operating privilege reinstatement fee is prescribed by | 456 |
law. | 457 |
The registrar either shall deposit ten dollars of each | 458 |
forty-dollar fee into the state treasury to the credit of the | 459 |
indigent defense support fund created by section 120.08 of the | 460 |
Revised Code andor if the court that suspended, disqualified, or | 461 |
canceled the person's driver's license, commercial driver's | 462 |
license, or nonresident operating privilege is a municipal court | 463 |
that is not a county-operated municipal court and appoints counsel | 464 |
for indigent defendants in a manner other than that provided in | 465 |
section 120.33 of the Revised Code shall transmit ten dollars of | 466 |
each forty-dollar fee to the treasurer of the municipal | 467 |
corporation, who shall deposit it into a separate account to be | 468 |
used to compensate counsel appointed by the court for indigent | 469 |
defendants. The registrar shall deposit thirty dollars of each fee | 470 |
into the state treasury to the credit of the state bureau of motor | 471 |
vehicles fund created by section 4501.25 of the Revised Code. | 472 |
Sec. 4510.22. (A) If a person who has a current valid Ohio | 473 |
driver's, commercial driver's license, or temporary instruction | 474 |
permit is charged with a violation of any provision in sections | 475 |
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to | 476 |
4549.65 of the Revised Code that is classified as a misdemeanor of | 477 |
the first, second, third, or fourth degree or with a violation of | 478 |
any substantially equivalent municipal ordinance and if the person | 479 |
either fails to appear in court at the required time and place to | 480 |
answer the charge or pleads guilty to or is found guilty of the | 481 |
violation and fails within the time allowed by the court to pay | 482 |
the fine imposed by the court, the court shall declare the | 483 |
forfeiture of the person's license. Thirty days after the | 484 |
declaration of forfeiture, the court shall inform the registrar of | 485 |
motor vehicles of the forfeiture by entering information relative | 486 |
to the of forfeiture on a form approved and furnished by the | 487 |
registrar and sending the form to the registrar. The court also | 488 |
shall forward the person's license, if it is in the possession of | 489 |
the court, to the registrar. | 490 |
The registrar shall impose a class F suspension of the | 491 |
person's driver's or commercial driver's license, or temporary | 492 |
instruction permit for the period of time specified in division | 493 |
(B)(6) of section 4510.02 of the Revised Code on any person who is | 494 |
named in a declaration received by the registrar under this | 495 |
section. The registrar shall send written notification of the | 496 |
suspension to the person at the person's last known address and, | 497 |
if the person is in possession of the license, order the person to | 498 |
surrender the person's license or permit to the registrar within | 499 |
forty-eight hours. | 500 |
No valid driver's or commercial driver's license shall be | 501 |
granted to the person after the suspension, unless the court | 502 |
having jurisdiction of the offense that led to the suspension | 503 |
orders that the forfeiture be terminated. The court shall order | 504 |
the termination of the forfeiture if the person thereafter appears | 505 |
to answer the charge and pays any fine imposed by the court or | 506 |
pays the fine originally imposed by the court. The court shall | 507 |
inform the registrar of the termination of the forfeiture by | 508 |
entering information relative to the termination on a form | 509 |
approved and furnished by the registrar and sending the form to | 510 |
the registrar. The person shall pay to the bureau of motor | 511 |
vehicles a twenty-five-dollar reinstatement fee. The registrar | 512 |
shall deposit fifteen dollars of the fee into the state treasury | 513 |
to the credit of the state bureau of motor vehicles fund created | 514 |
by section 4501.25 of the Revised Code to cover the costs of the | 515 |
bureau in administering this section and either shall deposit ten | 516 |
dollars of the fee into the state treasury to the credit of the | 517 |
indigent defense support fund created by section 120.08 of the | 518 |
Revised Code or if the court that declared the forfeiture is a | 519 |
municipal court that is not a county-operated municipal court and | 520 |
appoints counsel for indigent defendants in a manner other than | 521 |
that provided in section 120.33 of the Revised Code, shall | 522 |
transmit ten dollars of the fee to the treasurer of the municipal | 523 |
corporation, who shall deposit it into a separate account to be | 524 |
used to compensate counsel appointed by the court for indigent | 525 |
defendants. | 526 |
(B) In addition to suspending the driver's or commercial | 527 |
driver's license or permit of the person named in a declaration of | 528 |
forfeiture, the registrar, upon receipt from the court of the copy | 529 |
of the declaration of forfeiture, shall take any measures that may | 530 |
be necessary to ensure that neither the registrar nor any deputy | 531 |
registrar accepts any application for the registration or transfer | 532 |
of registration of any motor vehicle owned or leased by the person | 533 |
named in the declaration of forfeiture. However, for a motor | 534 |
vehicle leased by a person named in a declaration of forfeiture, | 535 |
the registrar shall not implement the preceding sentence until the | 536 |
registrar adopts procedures for that implementation under section | 537 |
4503.39 of the Revised Code. The period of denial of registration | 538 |
or transfer shall continue until such time as the court having | 539 |
jurisdiction of the offense that led to the suspension orders the | 540 |
forfeiture be terminated. Upon receipt by the registrar of an | 541 |
order terminating the forfeiture, the registrar also shall take | 542 |
any measures that may be necessary to permit the person to | 543 |
register a motor vehicle owned or leased by the person or to | 544 |
transfer the registration of such a motor vehicle, if the person | 545 |
later makes application to take such action and otherwise is | 546 |
eligible to register the motor vehicle or to transfer its | 547 |
registration. | 548 |
(I) The person is under the influence of alcohol, a drug of | 645 |
abuse, or a combination of them, and, as measured by gas | 646 |
chromatography mass spectrometry, the person has a concentration | 647 |
of marihuana metabolite in the person's urine of at least fifteen | 648 |
nanograms of marihuana metabolite per milliliter of the person's | 649 |
urine or has a concentration of marihuana metabolite in the | 650 |
person's whole blood or blood serum or plasma of at least five | 651 |
nanograms of marihuana metabolite per milliliter of the person's | 652 |
whole blood or blood serum or plasma. | 653 |
(xi) The state board of pharmacy has adopted a rule pursuant | 674 |
to section 4729.041 of the Revised Code that specifies the amount | 675 |
of salvia divinorum and the amount of salvinorin A that constitute | 676 |
concentrations of salvia divinorum and salvinorin A in a person's | 677 |
urine, in a person's whole blood, or in a person's blood serum or | 678 |
plasma at or above which the person is impaired for purposes of | 679 |
operating any vehicle, streetcar, or trackless trolley within this | 680 |
state, the rule is in effect, and the person has a concentration | 681 |
of salvia divinorum or salvinorin A of at least that amount so | 682 |
specified by rule in the person's urine, in the person's whole | 683 |
blood, or in the person's blood serum or plasma. | 684 |
(b) Subsequent to being arrested for operating the vehicle, | 693 |
streetcar, or trackless trolley as described in division (A)(2)(a) | 694 |
of this section, being asked by a law enforcement officer to | 695 |
submit to a chemical test or tests under section 4511.191 of the | 696 |
Revised Code, and being advised by the officer in accordance with | 697 |
section 4511.192 of the Revised Code of the consequences of the | 698 |
person's refusal or submission to the test or tests, refuse to | 699 |
submit to the test or tests. | 700 |
(D)(1)(a) In any criminal prosecution or juvenile court | 723 |
proceeding for a violation of division (A)(1)(a) of this section | 724 |
or for an equivalent offense that is vehicle-related, the result | 725 |
of any test of any blood or urine withdrawn and analyzed at any | 726 |
health care provider, as defined in section 2317.02 of the Revised | 727 |
Code, may be admitted with expert testimony to be considered with | 728 |
any other relevant and competent evidence in determining the guilt | 729 |
or innocence of the defendant. | 730 |
(b) In any criminal prosecution or juvenile court proceeding | 731 |
for a violation of division (A) or (B) of this section or for an | 732 |
equivalent offense that is vehicle-related, the court may admit | 733 |
evidence on the concentration of alcohol, drugs of abuse, | 734 |
controlled substances, metabolites of a controlled substance, or a | 735 |
combination of them in the defendant's whole blood, blood serum or | 736 |
plasma, breath, urine, or other bodily substance at the time of | 737 |
the alleged violation as shown by chemical analysis of the | 738 |
substance withdrawn within three hours of the time of the alleged | 739 |
violation. The three-hour time limit specified in this division | 740 |
regarding the admission of evidence does not extend or affect the | 741 |
two-hour time limit specified in division (A) of section 4511.192 | 742 |
of the Revised Code as the maximum period of time during which a | 743 |
person may consent to a chemical test or tests as described in | 744 |
that section. The court may admit evidence on the concentration of | 745 |
alcohol, drugs of abuse, or a combination of them as described in | 746 |
this division when a person submits to a blood, breath, urine, or | 747 |
other bodily substance test at the request of a law enforcement | 748 |
officer under section 4511.191 of the Revised Code or a blood or | 749 |
urine sample is obtained pursuant to a search warrant. Only a | 750 |
physician, a registered nurse, an emergency medical | 751 |
technician-intermediate, an emergency medical | 752 |
technician-paramedic, or a qualified technician, chemist, or | 753 |
phlebotomist shall withdraw a blood sample for the purpose of | 754 |
determining the alcohol, drug, controlled substance, metabolite of | 755 |
a controlled substance, or combination content of the whole blood, | 756 |
blood serum, or blood plasma. This limitation does not apply to | 757 |
the taking of breath or urine specimens. A person authorized to | 758 |
withdraw blood under this division may refuse to withdraw blood | 759 |
under this division, if in that person's opinion, the physical | 760 |
welfare of the person would be endangered by the withdrawing of | 761 |
blood. | 762 |
(2) In a criminal prosecution or juvenile court proceeding | 772 |
for a violation of division (A) of this section or for an | 773 |
equivalent offense that is vehicle-related, if there was at the | 774 |
time the bodily substance was withdrawn a concentration of less | 775 |
than the applicable concentration of alcohol specified in | 776 |
divisions (A)(1)(b), (c), (d), and (e) of this section or less | 777 |
than the applicable concentration of a listed controlled substance | 778 |
or a listed metabolite of a controlled substance specified for a | 779 |
violation of division (A)(1)(j) of this section, that fact may be | 780 |
considered with other competent evidence in determining the guilt | 781 |
or innocence of the defendant. This division does not limit or | 782 |
affect a criminal prosecution or juvenile court proceeding for a | 783 |
violation of division (B) of this section or for an equivalent | 784 |
offense that is substantially equivalent to that division. | 785 |
If the chemical test was obtained pursuant to division | 790 |
(D)(1)(b) of this section, the person tested may have a physician, | 791 |
a registered nurse, or a qualified technician, chemist, or | 792 |
phlebotomist of the person's own choosing administer a chemical | 793 |
test or tests, at the person's expense, in addition to any | 794 |
administered at the request of a law enforcement officer. If the | 795 |
person was under arrest as described in division (A)(5) of section | 796 |
4511.191 of the Revised Code, the arresting officer shall advise | 797 |
the person at the time of the arrest that the person may have an | 798 |
independent chemical test taken at the person's own expense. If | 799 |
the person was under arrest other than described in division | 800 |
(A)(5) of section 4511.191 of the Revised Code, the form to be | 801 |
read to the person to be tested, as required under section | 802 |
4511.192 of the Revised Code, shall state that the person may have | 803 |
an independent test performed at the person's expense. The failure | 804 |
or inability to obtain an additional chemical test by a person | 805 |
shall not preclude the admission of evidence relating to the | 806 |
chemical test or tests taken at the request of a law enforcement | 807 |
officer. | 808 |
(b) In any criminal prosecution or juvenile court proceeding | 814 |
for a violation of division (A) or (B) of this section, of a | 815 |
municipal ordinance relating to operating a vehicle while under | 816 |
the influence of alcohol, a drug of abuse, or alcohol and a drug | 817 |
of abuse, or of a municipal ordinance relating to operating a | 818 |
vehicle with a prohibited concentration of alcohol, a controlled | 819 |
substance, or a metabolite of a controlled substance in the whole | 820 |
blood, blood serum or plasma, breath, or urine, if a law | 821 |
enforcement officer has administered a field sobriety test to the | 822 |
operator of the vehicle involved in the violation and if it is | 823 |
shown by clear and convincing evidence that the officer | 824 |
administered the test in substantial compliance with the testing | 825 |
standards for any reliable, credible, and generally accepted field | 826 |
sobriety tests that were in effect at the time the tests were | 827 |
administered, including, but not limited to, any testing standards | 828 |
then in effect that were set by the national highway traffic | 829 |
safety administration, all of the following apply: | 830 |
(E)(1) Subject to division (E)(3) of this section, in any | 849 |
criminal prosecution or juvenile court proceeding for a violation | 850 |
of division (A)(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) | 851 |
or (B)(1), (2), (3), or (4) of this section or for an equivalent | 852 |
offense that is substantially equivalent to any of those | 853 |
divisions, a laboratory report from any laboratory personnel | 854 |
issued a permit by the department of health authorizing an | 855 |
analysis as described in this division that contains an analysis | 856 |
of the whole blood, blood serum or plasma, breath, urine, or other | 857 |
bodily substance tested and that contains all of the information | 858 |
specified in this division shall be admitted as prima-facie | 859 |
evidence of the information and statements that the report | 860 |
contains. The laboratory report shall contain all of the | 861 |
following: | 862 |
(2) Notwithstanding any other provision of law regarding the | 880 |
admission of evidence, a report of the type described in division | 881 |
(E)(1) of this section is not admissible against the defendant to | 882 |
whom it pertains in any proceeding, other than a preliminary | 883 |
hearing or a grand jury proceeding, unless the prosecutor has | 884 |
served a copy of the report on the defendant's attorney or, if the | 885 |
defendant has no attorney, on the defendant. | 886 |
(3) A report of the type described in division (E)(1) of this | 887 |
section shall not be prima-facie evidence of the contents, | 888 |
identity, or amount of any substance if, within seven days after | 889 |
the defendant to whom the report pertains or the defendant's | 890 |
attorney receives a copy of the report, the defendant or the | 891 |
defendant's attorney demands the testimony of the person who | 892 |
signed the report. The judge in the case may extend the seven-day | 893 |
time limit in the interest of justice. | 894 |
(F) Except as otherwise provided in this division, any | 895 |
physician, registered nurse, emergency medical | 896 |
technician-intermediate, emergency medical technician-paramedic, | 897 |
or qualified technician, chemist, or phlebotomist who withdraws | 898 |
blood from a person pursuant to this section or section 4511.191 | 899 |
or 4511.192 of the Revised Code, and any hospital, first-aid | 900 |
station, or clinic at which blood is withdrawn from a person | 901 |
pursuant to this section or section 4511.191 or 4511.192 of the | 902 |
Revised Code, is immune from criminal liability and civil | 903 |
liability based upon a claim of assault and battery or any other | 904 |
claim that is not a claim of malpractice, for any act performed in | 905 |
withdrawing blood from the person. The immunity provided in this | 906 |
division also extends to an emergency medical service organization | 907 |
that employs an emergency medical technician-intermediate or | 908 |
emergency medical technician-paramedic who withdraws blood under | 909 |
this section. The immunity provided in this division is not | 910 |
available to a person who withdraws blood if the person engages in | 911 |
willful or wanton misconduct. | 912 |
(G)(1) Whoever violates any provision of divisions (A)(1)(a) | 917 |
to (i) or (A)(2) of this section is guilty of operating a vehicle | 918 |
under the influence of alcohol, a drug of abuse, or a combination | 919 |
of them. Whoever violates division (A)(1)(j) of this section is | 920 |
guilty of operating a vehicle while under the influence of a | 921 |
listed controlled substance or a listed metabolite of a controlled | 922 |
substance. The court shall sentence the offender for either | 923 |
offense under Chapter 2929. of the Revised Code, except as | 924 |
otherwise authorized or required by divisions (G)(1)(a) to (e) of | 925 |
this section: | 926 |
(i) If the sentence is being imposed for a violation of | 931 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 932 |
mandatory jail term of three consecutive days. As used in this | 933 |
division, three consecutive days means seventy-two consecutive | 934 |
hours. The court may sentence an offender to both an intervention | 935 |
program and a jail term. The court may impose a jail term in | 936 |
addition to the three-day mandatory jail term or intervention | 937 |
program. However, in no case shall the cumulative jail term | 938 |
imposed for the offense exceed six months. | 939 |
The court may suspend the execution of the three-day jail | 940 |
term under this division if the court, in lieu of that suspended | 941 |
term, places the offender under a community control sanction | 942 |
pursuant to section 2929.25 of the Revised Code and requires the | 943 |
offender to attend, for three consecutive days, a drivers' | 944 |
intervention program certified under section 3793.10 of the | 945 |
Revised Code. The court also may suspend the execution of any part | 946 |
of the three-day jail term under this division if it places the | 947 |
offender under a community control sanction pursuant to section | 948 |
2929.25 of the Revised Code for part of the three days, requires | 949 |
the offender to attend for the suspended part of the term a | 950 |
drivers' intervention program so certified, and sentences the | 951 |
offender to a jail term equal to the remainder of the three | 952 |
consecutive days that the offender does not spend attending the | 953 |
program. The court may require the offender, as a condition of | 954 |
community control and in addition to the required attendance at a | 955 |
drivers' intervention program, to attend and satisfactorily | 956 |
complete any treatment or education programs that comply with the | 957 |
minimum standards adopted pursuant to Chapter 3793. of the Revised | 958 |
Code by the director of alcohol and drug addiction services that | 959 |
the operators of the drivers' intervention program determine that | 960 |
the offender should attend and to report periodically to the court | 961 |
on the offender's progress in the programs. The court also may | 962 |
impose on the offender any other conditions of community control | 963 |
that it considers necessary. | 964 |
(ii) If the sentence is being imposed for a violation of | 965 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 966 |
section, except as otherwise provided in this division, a | 967 |
mandatory jail term of at least three consecutive days and a | 968 |
requirement that the offender attend, for three consecutive days, | 969 |
a drivers' intervention program that is certified pursuant to | 970 |
section 3793.10 of the Revised Code. As used in this division, | 971 |
three consecutive days means seventy-two consecutive hours. If the | 972 |
court determines that the offender is not conducive to treatment | 973 |
in a drivers' intervention program, if the offender refuses to | 974 |
attend a drivers' intervention program, or if the jail at which | 975 |
the offender is to serve the jail term imposed can provide a | 976 |
driver's intervention program, the court shall sentence the | 977 |
offender to a mandatory jail term of at least six consecutive | 978 |
days. | 979 |
The court may require the offender, under a community control | 980 |
sanction imposed under section 2929.25 of the Revised Code, to | 981 |
attend and satisfactorily complete any treatment or education | 982 |
programs that comply with the minimum standards adopted pursuant | 983 |
to Chapter 3793. of the Revised Code by the director of alcohol | 984 |
and drug addiction services, in addition to the required | 985 |
attendance at drivers' intervention program, that the operators of | 986 |
the drivers' intervention program determine that the offender | 987 |
should attend and to report periodically to the court on the | 988 |
offender's progress in the programs. The court also may impose any | 989 |
other conditions of community control on the offender that it | 990 |
considers necessary. | 991 |
(i) If the sentence is being imposed for a violation of | 1006 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1007 |
mandatory jail term of ten consecutive days. The court shall | 1008 |
impose the ten-day mandatory jail term under this division unless, | 1009 |
subject to division (G)(3) of this section, it instead imposes a | 1010 |
sentence under that division consisting of both a jail term and a | 1011 |
term of house arrest with electronic monitoring, with continuous | 1012 |
alcohol monitoring, or with both electronic monitoring and | 1013 |
continuous alcohol monitoring. The court may impose a jail term in | 1014 |
addition to the ten-day mandatory jail term. The cumulative jail | 1015 |
term imposed for the offense shall not exceed six months. | 1016 |
In addition to the jail term or the term of house arrest with | 1017 |
electronic monitoring or continuous alcohol monitoring or both | 1018 |
types of monitoring and jail term, the court shall require the | 1019 |
offender to be assessed by an alcohol and drug treatment program | 1020 |
that is authorized by section 3793.02 of the Revised Code, subject | 1021 |
to division (I) of this section, and shall order the offender to | 1022 |
follow the treatment recommendations of the program. The purpose | 1023 |
of the assessment is to determine the degree of the offender's | 1024 |
alcohol usage and to determine whether or not treatment is | 1025 |
warranted. Upon the request of the court, the program shall submit | 1026 |
the results of the assessment to the court, including all | 1027 |
treatment recommendations and clinical diagnoses related to | 1028 |
alcohol use. | 1029 |
(ii) If the sentence is being imposed for a violation of | 1030 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1031 |
section, except as otherwise provided in this division, a | 1032 |
mandatory jail term of twenty consecutive days. The court shall | 1033 |
impose the twenty-day mandatory jail term under this division | 1034 |
unless, subject to division (G)(3) of this section, it instead | 1035 |
imposes a sentence under that division consisting of both a jail | 1036 |
term and a term of house arrest with electronic monitoring, with | 1037 |
continuous alcohol monitoring, or with both electronic monitoring | 1038 |
and continuous alcohol monitoring. The court may impose a jail | 1039 |
term in addition to the twenty-day mandatory jail term. The | 1040 |
cumulative jail term imposed for the offense shall not exceed six | 1041 |
months. | 1042 |
In addition to the jail term or the term of house arrest with | 1043 |
electronic monitoring or continuous alcohol monitoring or both | 1044 |
types of monitoring and jail term, the court shall require the | 1045 |
offender to be assessed by an alcohol and drug treatment program | 1046 |
that is authorized by section 3793.02 of the Revised Code, subject | 1047 |
to division (I) of this section, and shall order the offender to | 1048 |
follow the treatment recommendations of the program. The purpose | 1049 |
of the assessment is to determine the degree of the offender's | 1050 |
alcohol usage and to determine whether or not treatment is | 1051 |
warranted. Upon the request of the court, the program shall submit | 1052 |
the results of the assessment to the court, including all | 1053 |
treatment recommendations and clinical diagnoses related to | 1054 |
alcohol use. | 1055 |
(iv) In all cases, a class four license suspension of the | 1060 |
offender's driver's license, commercial driver's license, | 1061 |
temporary instruction permit, probationary license, or nonresident | 1062 |
operating privilege from the range specified in division (A)(4) of | 1063 |
section 4510.02 of the Revised Code. The court may grant limited | 1064 |
driving privileges relative to the suspension under sections | 1065 |
4510.021 and 4510.13 of the Revised Code. | 1066 |
(i) If the sentence is being imposed for a violation of | 1078 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1079 |
mandatory jail term of thirty consecutive days. The court shall | 1080 |
impose the thirty-day mandatory jail term under this division | 1081 |
unless, subject to division (G)(3) of this section, it instead | 1082 |
imposes a sentence under that division consisting of both a jail | 1083 |
term and a term of house arrest with electronic monitoring, with | 1084 |
continuous alcohol monitoring, or with both electronic monitoring | 1085 |
and continuous alcohol monitoring. The court may impose a jail | 1086 |
term in addition to the thirty-day mandatory jail term. | 1087 |
Notwithstanding the jail terms set forth in sections 2929.21 to | 1088 |
2929.28 of the Revised Code, the additional jail term shall not | 1089 |
exceed one year, and the cumulative jail term imposed for the | 1090 |
offense shall not exceed one year. | 1091 |
(ii) If the sentence is being imposed for a violation of | 1092 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1093 |
section, a mandatory jail term of sixty consecutive days. The | 1094 |
court shall impose the sixty-day mandatory jail term under this | 1095 |
division unless, subject to division (G)(3) of this section, it | 1096 |
instead imposes a sentence under that division consisting of both | 1097 |
a jail term and a term of house arrest with electronic monitoring, | 1098 |
with continuous alcohol monitoring, or with both electronic | 1099 |
monitoring and continuous alcohol monitoring. The court may impose | 1100 |
a jail term in addition to the sixty-day mandatory jail term. | 1101 |
Notwithstanding the jail terms set forth in sections 2929.21 to | 1102 |
2929.28 of the Revised Code, the additional jail term shall not | 1103 |
exceed one year, and the cumulative jail term imposed for the | 1104 |
offense shall not exceed one year. | 1105 |
(iv) In all cases, a class three license suspension of the | 1110 |
offender's driver's license, commercial driver's license, | 1111 |
temporary instruction permit, probationary license, or nonresident | 1112 |
operating privilege from the range specified in division (A)(3) of | 1113 |
section 4510.02 of the Revised Code. The court may grant limited | 1114 |
driving privileges relative to the suspension under sections | 1115 |
4510.021 and 4510.13 of the Revised Code. | 1116 |
(vi) In all cases, the court shall order the offender to | 1123 |
participate in an alcohol and drug addiction program authorized by | 1124 |
section 3793.02 of the Revised Code, subject to division (I) of | 1125 |
this section, and shall order the offender to follow the treatment | 1126 |
recommendations of the program. The operator of the program shall | 1127 |
determine and assess the degree of the offender's alcohol | 1128 |
dependency and shall make recommendations for treatment. Upon the | 1129 |
request of the court, the program shall submit the results of the | 1130 |
assessment to the court, including all treatment recommendations | 1131 |
and clinical diagnoses related to alcohol use. | 1132 |
(d) Except as otherwise provided in division (G)(1)(e) of | 1133 |
this section, an offender who, within six years of the offense, | 1134 |
previously has been convicted of or pleaded guilty to three or | 1135 |
four violations of division (A) or (B) of this section or other | 1136 |
equivalent offenses or an offender who, within twenty years of the | 1137 |
offense, previously has been convicted of or pleaded guilty to | 1138 |
five or more violations of that nature is guilty of a felony of | 1139 |
the fourth degree. The court shall sentence the offender to all of | 1140 |
the following: | 1141 |
(i) If the sentence is being imposed for a violation of | 1142 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1143 |
mandatory prison term of one, two, three, four, or five years as | 1144 |
required by and in accordance with division (G)(2) of section | 1145 |
2929.13 of the Revised Code if the offender also is convicted of | 1146 |
or also pleads guilty to a specification of the type described in | 1147 |
section 2941.1413 of the Revised Code or, in the discretion of the | 1148 |
court, either a mandatory term of local incarceration of sixty | 1149 |
consecutive days in accordance with division (G)(1) of section | 1150 |
2929.13 of the Revised Code or a mandatory prison term of sixty | 1151 |
consecutive days in accordance with division (G)(2) of that | 1152 |
section if the offender is not convicted of and does not plead | 1153 |
guilty to a specification of that type. If the court imposes a | 1154 |
mandatory term of local incarceration, it may impose a jail term | 1155 |
in addition to the sixty-day mandatory term, the cumulative total | 1156 |
of the mandatory term and the jail term for the offense shall not | 1157 |
exceed one year, and, except as provided in division (A)(1) of | 1158 |
section 2929.13 of the Revised Code, no prison term is authorized | 1159 |
for the offense. If the court imposes a mandatory prison term, | 1160 |
notwithstanding division (A)(4) of section 2929.14 of the Revised | 1161 |
Code, it also may sentence the offender to a definite prison term | 1162 |
that shall be not less than six months and not more than thirty | 1163 |
months and the prison terms shall be imposed as described in | 1164 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 1165 |
court imposes a mandatory prison term or mandatory prison term and | 1166 |
additional prison term, in addition to the term or terms so | 1167 |
imposed, the court also may sentence the offender to a community | 1168 |
control sanction for the offense, but the offender shall serve all | 1169 |
of the prison terms so imposed prior to serving the community | 1170 |
control sanction. | 1171 |
(ii) If the sentence is being imposed for a violation of | 1172 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1173 |
section, a mandatory prison term of one, two, three, four, or five | 1174 |
years as required by and in accordance with division (G)(2) of | 1175 |
section 2929.13 of the Revised Code if the offender also is | 1176 |
convicted of or also pleads guilty to a specification of the type | 1177 |
described in section 2941.1413 of the Revised Code or, in the | 1178 |
discretion of the court, either a mandatory term of local | 1179 |
incarceration of one hundred twenty consecutive days in accordance | 1180 |
with division (G)(1) of section 2929.13 of the Revised Code or a | 1181 |
mandatory prison term of one hundred twenty consecutive days in | 1182 |
accordance with division (G)(2) of that section if the offender is | 1183 |
not convicted of and does not plead guilty to a specification of | 1184 |
that type. If the court imposes a mandatory term of local | 1185 |
incarceration, it may impose a jail term in addition to the one | 1186 |
hundred twenty-day mandatory term, the cumulative total of the | 1187 |
mandatory term and the jail term for the offense shall not exceed | 1188 |
one year, and, except as provided in division (A)(1) of section | 1189 |
2929.13 of the Revised Code, no prison term is authorized for the | 1190 |
offense. If the court imposes a mandatory prison term, | 1191 |
notwithstanding division (A)(4) of section 2929.14 of the Revised | 1192 |
Code, it also may sentence the offender to a definite prison term | 1193 |
that shall be not less than six months and not more than thirty | 1194 |
months and the prison terms shall be imposed as described in | 1195 |
division (G)(2) of section 2929.13 of the Revised Code. If the | 1196 |
court imposes a mandatory prison term or mandatory prison term and | 1197 |
additional prison term, in addition to the term or terms so | 1198 |
imposed, the court also may sentence the offender to a community | 1199 |
control sanction for the offense, but the offender shall serve all | 1200 |
of the prison terms so imposed prior to serving the community | 1201 |
control sanction. | 1202 |
(iv) In all cases, a class two license suspension of the | 1206 |
offender's driver's license, commercial driver's license, | 1207 |
temporary instruction permit, probationary license, or nonresident | 1208 |
operating privilege from the range specified in division (A)(2) of | 1209 |
section 4510.02 of the Revised Code. The court may grant limited | 1210 |
driving privileges relative to the suspension under sections | 1211 |
4510.021 and 4510.13 of the Revised Code. | 1212 |
(vi) In all cases, the court shall order the offender to | 1219 |
participate in an alcohol and drug addiction program authorized by | 1220 |
section 3793.02 of the Revised Code, subject to division (I) of | 1221 |
this section, and shall order the offender to follow the treatment | 1222 |
recommendations of the program. The operator of the program shall | 1223 |
determine and assess the degree of the offender's alcohol | 1224 |
dependency and shall make recommendations for treatment. Upon the | 1225 |
request of the court, the program shall submit the results of the | 1226 |
assessment to the court, including all treatment recommendations | 1227 |
and clinical diagnoses related to alcohol use. | 1228 |
(i) If the offender is being sentenced for a violation of | 1241 |
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section, a | 1242 |
mandatory prison term of one, two, three, four, or five years as | 1243 |
required by and in accordance with division (G)(2) of section | 1244 |
2929.13 of the Revised Code if the offender also is convicted of | 1245 |
or also pleads guilty to a specification of the type described in | 1246 |
section 2941.1413 of the Revised Code or a mandatory prison term | 1247 |
of sixty consecutive days in accordance with division (G)(2) of | 1248 |
section 2929.13 of the Revised Code if the offender is not | 1249 |
convicted of and does not plead guilty to a specification of that | 1250 |
type. The court may impose a prison term in addition to the | 1251 |
mandatory prison term. The cumulative total of a sixty-day | 1252 |
mandatory prison term and the additional prison term for the | 1253 |
offense shall not exceed five years. In addition to the mandatory | 1254 |
prison term or mandatory prison term and additional prison term | 1255 |
the court imposes, the court also may sentence the offender to a | 1256 |
community control sanction for the offense, but the offender shall | 1257 |
serve all of the prison terms so imposed prior to serving the | 1258 |
community control sanction. | 1259 |
(ii) If the sentence is being imposed for a violation of | 1260 |
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this | 1261 |
section, a mandatory prison term of one, two, three, four, or five | 1262 |
years as required by and in accordance with division (G)(2) of | 1263 |
section 2929.13 of the Revised Code if the offender also is | 1264 |
convicted of or also pleads guilty to a specification of the type | 1265 |
described in section 2941.1413 of the Revised Code or a mandatory | 1266 |
prison term of one hundred twenty consecutive days in accordance | 1267 |
with division (G)(2) of section 2929.13 of the Revised Code if the | 1268 |
offender is not convicted of and does not plead guilty to a | 1269 |
specification of that type. The court may impose a prison term in | 1270 |
addition to the mandatory prison term. The cumulative total of a | 1271 |
one hundred twenty-day mandatory prison term and the additional | 1272 |
prison term for the offense shall not exceed five years. In | 1273 |
addition to the mandatory prison term or mandatory prison term and | 1274 |
additional prison term the court imposes, the court also may | 1275 |
sentence the offender to a community control sanction for the | 1276 |
offense, but the offender shall serve all of the prison terms so | 1277 |
imposed prior to serving the community control sanction. | 1278 |
(iv) In all cases, a class two license suspension of the | 1282 |
offender's driver's license, commercial driver's license, | 1283 |
temporary instruction permit, probationary license, or nonresident | 1284 |
operating privilege from the range specified in division (A)(2) of | 1285 |
section 4510.02 of the Revised Code. The court may grant limited | 1286 |
driving privileges relative to the suspension under sections | 1287 |
4510.021 and 4510.13 of the Revised Code. | 1288 |
(vi) In all cases, the court shall order the offender to | 1295 |
participate in an alcohol and drug addiction program authorized by | 1296 |
section 3793.02 of the Revised Code, subject to division (I) of | 1297 |
this section, and shall order the offender to follow the treatment | 1298 |
recommendations of the program. The operator of the program shall | 1299 |
determine and assess the degree of the offender's alcohol | 1300 |
dependency and shall make recommendations for treatment. Upon the | 1301 |
request of the court, the program shall submit the results of the | 1302 |
assessment to the court, including all treatment recommendations | 1303 |
and clinical diagnoses related to alcohol use. | 1304 |
(3) If an offender is sentenced to a jail term under division | 1312 |
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and | 1313 |
if, within sixty days of sentencing of the offender, the court | 1314 |
issues a written finding on the record that, due to the | 1315 |
unavailability of space at the jail where the offender is required | 1316 |
to serve the term, the offender will not be able to begin serving | 1317 |
that term within the sixty-day period following the date of | 1318 |
sentencing, the court may impose an alternative sentence under | 1319 |
this division that includes a term of house arrest with electronic | 1320 |
monitoring, with continuous alcohol monitoring, or with both | 1321 |
electronic monitoring and continuous alcohol monitoring. | 1322 |
As an alternative to a mandatory jail term of ten consecutive | 1323 |
days required by division (G)(1)(b)(i) of this section, the court, | 1324 |
under this division, may sentence the offender to five consecutive | 1325 |
days in jail and not less than eighteen consecutive days of house | 1326 |
arrest with electronic monitoring, with continuous alcohol | 1327 |
monitoring, or with both electronic monitoring and continuous | 1328 |
alcohol monitoring. The cumulative total of the five consecutive | 1329 |
days in jail and the period of house arrest with electronic | 1330 |
monitoring, continuous alcohol monitoring, or both types of | 1331 |
monitoring shall not exceed six months. The five consecutive days | 1332 |
in jail do not have to be served prior to or consecutively to the | 1333 |
period of house arrest. | 1334 |
As an alternative to the mandatory jail term of twenty | 1335 |
consecutive days required by division (G)(1)(b)(ii) of this | 1336 |
section, the court, under this division, may sentence the offender | 1337 |
to ten consecutive days in jail and not less than thirty-six | 1338 |
consecutive days of house arrest with electronic monitoring, with | 1339 |
continuous alcohol monitoring, or with both electronic monitoring | 1340 |
and continuous alcohol monitoring. The cumulative total of the ten | 1341 |
consecutive days in jail and the period of house arrest with | 1342 |
electronic monitoring, continuous alcohol monitoring, or both | 1343 |
types of monitoring shall not exceed six months. The ten | 1344 |
consecutive days in jail do not have to be served prior to or | 1345 |
consecutively to the period of house arrest. | 1346 |
As an alternative to a mandatory jail term of thirty | 1347 |
consecutive days required by division (G)(1)(c)(i) of this | 1348 |
section, the court, under this division, may sentence the offender | 1349 |
to fifteen consecutive days in jail and not less than fifty-five | 1350 |
consecutive days of house arrest with electronic monitoring, with | 1351 |
continuous alcohol monitoring, or with both electronic monitoring | 1352 |
and continuous alcohol monitoring. The cumulative total of the | 1353 |
fifteen consecutive days in jail and the period of house arrest | 1354 |
with electronic monitoring, continuous alcohol monitoring, or both | 1355 |
types of monitoring shall not exceed one year. The fifteen | 1356 |
consecutive days in jail do not have to be served prior to or | 1357 |
consecutively to the period of house arrest. | 1358 |
As an alternative to the mandatory jail term of sixty | 1359 |
consecutive days required by division (G)(1)(c)(ii) of this | 1360 |
section, the court, under this division, may sentence the offender | 1361 |
to thirty consecutive days in jail and not less than one hundred | 1362 |
ten consecutive days of house arrest with electronic monitoring, | 1363 |
with continuous alcohol monitoring, or with both electronic | 1364 |
monitoring and continuous alcohol monitoring. The cumulative total | 1365 |
of the thirty consecutive days in jail and the period of house | 1366 |
arrest with electronic monitoring, continuous alcohol monitoring, | 1367 |
or both types of monitoring shall not exceed one year. The thirty | 1368 |
consecutive days in jail do not have to be served prior to or | 1369 |
consecutively to the period of house arrest. | 1370 |
(4) If an offender's driver's or occupational driver's | 1371 |
license or permit or nonresident operating privilege is suspended | 1372 |
under division (G) of this section and if section 4510.13 of the | 1373 |
Revised Code permits the court to grant limited driving | 1374 |
privileges, the court may grant the limited driving privileges in | 1375 |
accordance with that section. If division (A)(7) of that section | 1376 |
requires that the court impose as a condition of the privileges | 1377 |
that the offender must display on the vehicle that is driven | 1378 |
subject to the privileges restricted license plates that are | 1379 |
issued under section 4503.231 of the Revised Code, except as | 1380 |
provided in division (B) of that section, the court shall impose | 1381 |
that condition as one of the conditions of the limited driving | 1382 |
privileges granted to the offender, except as provided in division | 1383 |
(B) of section 4503.231 of the Revised Code. | 1384 |
(a) Twenty-five dollars of the fine imposed under division | 1387 |
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under | 1388 |
division (G)(1)(b)(iii), one hundred twenty-three dollars of the | 1389 |
fine imposed under division (G)(1)(c)(iii), and two hundred ten | 1390 |
dollars of the fine imposed under division (G)(1)(d)(iii) or | 1391 |
(e)(iii) of this section shall be paid to an enforcement and | 1392 |
education fund established by the legislative authority of the law | 1393 |
enforcement agency in this state that primarily was responsible | 1394 |
for the arrest of the offender, as determined by the court that | 1395 |
imposes the fine. The agency shall use this share to pay only | 1396 |
those costs it incurs in enforcing this section or a municipal OVI | 1397 |
ordinance and in informing the public of the laws governing the | 1398 |
operation of a vehicle while under the influence of alcohol, the | 1399 |
dangers of the operation of a vehicle under the influence of | 1400 |
alcohol, and other information relating to the operation of a | 1401 |
vehicle under the influence of alcohol and the consumption of | 1402 |
alcoholic beverages. | 1403 |
(b) Fifty dollars of the fine imposed under division | 1404 |
(G)(1)(a)(iii) of this section shall be paid to the political | 1405 |
subdivision that pays the cost of housing the offender during the | 1406 |
offender's term of incarceration. If the offender is being | 1407 |
sentenced for a violation of division (A)(1)(a), (b), (c), (d), | 1408 |
(e), or (j) of this section and was confined as a result of the | 1409 |
offense prior to being sentenced for the offense but is not | 1410 |
sentenced to a term of incarceration, the fifty dollars shall be | 1411 |
paid to the political subdivision that paid the cost of housing | 1412 |
the offender during that period of confinement. The political | 1413 |
subdivision shall use the share under this division to pay or | 1414 |
reimburse incarceration or treatment costs it incurs in housing or | 1415 |
providing drug and alcohol treatment to persons who violate this | 1416 |
section or a municipal OVI ordinance, costs of any immobilizing or | 1417 |
disabling device used on the offender's vehicle, and costs of | 1418 |
electronic house arrest equipment needed for persons who violate | 1419 |
this section. | 1420 |
(d) One hundred fifteen dollars of the fine imposed under | 1428 |
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the | 1429 |
fine imposed under division (G)(1)(c)(iii), and four hundred forty | 1430 |
dollars of the fine imposed under division (G)(1)(d)(iii) or | 1431 |
(e)(iii) of this section shall be paid to the political | 1432 |
subdivision that pays the cost of housing the offender during the | 1433 |
offender's term of incarceration. The political subdivision shall | 1434 |
use this share to pay or reimburse incarceration or treatment | 1435 |
costs it incurs in housing or providing drug and alcohol treatment | 1436 |
to persons who violate this section or a municipal OVI ordinance, | 1437 |
costs for any immobilizing or disabling device used on the | 1438 |
offender's vehicle, and costs of electronic house arrest equipment | 1439 |
needed for persons who violate this section. | 1440 |
(e) Fifty dollars of the fine imposed under divisions | 1441 |
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), | 1442 |
and (G)(1)(e)(iii) of this section shall be deposited into the | 1443 |
special projects fund of the court in which the offender was | 1444 |
convicted and that is established under division (E)(1) of section | 1445 |
2303.201, division (B)(1) of section 1901.26, or division (B)(1) | 1446 |
of section 1907.24 of the Revised Code, to be used exclusively to | 1447 |
cover the cost of immobilizing or disabling devices, including | 1448 |
certified ignition interlock devices, and remote alcohol | 1449 |
monitoring devices for indigent offenders who are required by a | 1450 |
judge to use either of these devices. If the court in which the | 1451 |
offender was convicted does not have a special projects fund that | 1452 |
is established under division (E)(1) of section 2303.201, division | 1453 |
(B)(1) of section 1901.26, or division (B)(1) of section 1907.24 | 1454 |
of the Revised Code, the fifty dollars shall be deposited into the | 1455 |
indigent drivers interlock and alcohol monitoring fund under | 1456 |
division (I) of section 4511.191 of the Revised Code. | 1457 |
(f) Seventy-five dollars of the fine imposed under division | 1458 |
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine | 1459 |
imposed under division (G)(1)(b)(iii), two hundred fifty dollars | 1460 |
of the fine imposed under division (G)(1)(c)(iii), and five | 1461 |
hundred dollars of the fine imposed under division (G)(1)(d)(iii) | 1462 |
or (e)(iii) of this section either shall be transmitted to the | 1463 |
treasurer of state for deposit into the indigent defense support | 1464 |
fund established under section 120.08 of the Revised Code or if | 1465 |
the court that imposed the fine under division (G)(1)(a)(iii), | 1466 |
(b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this section is a | 1467 |
municipal court that is not a county-operated municipal court and | 1468 |
appoints counsel for indigent defendants in a manner other than | 1469 |
that provided in section 120.33 of the Revised Code shall be | 1470 |
transmitted to the treasurer of the municipal corporation, who | 1471 |
shall deposit the amounts into a separate account to be used to | 1472 |
compensate counsel appointed by the court for indigent defendants. | 1473 |
(6) If title to a motor vehicle that is subject to an order | 1477 |
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 1478 |
this section is assigned or transferred and division (B)(2) or (3) | 1479 |
of section 4503.234 of the Revised Code applies, in addition to or | 1480 |
independent of any other penalty established by law, the court may | 1481 |
fine the offender the value of the vehicle as determined by | 1482 |
publications of the national auto dealers association. The | 1483 |
proceeds of any fine so imposed shall be distributed in accordance | 1484 |
with division (C)(2) of that section. | 1485 |
(1) Except as otherwise provided in division (H)(2) of this | 1493 |
section, the offender is guilty of a misdemeanor of the fourth | 1494 |
degree. In addition to any other sanction imposed for the offense, | 1495 |
the court shall impose a class six suspension of the offender's | 1496 |
driver's license, commercial driver's license, temporary | 1497 |
instruction permit, probationary license, or nonresident operating | 1498 |
privilege from the range specified in division (A)(6) of section | 1499 |
4510.02 of the Revised Code. | 1500 |
(2) If, within one year of the offense, the offender | 1501 |
previously has been convicted of or pleaded guilty to one or more | 1502 |
violations of division (A) or (B) of this section or other | 1503 |
equivalent offenses, the offender is guilty of a misdemeanor of | 1504 |
the third degree. In addition to any other sanction imposed for | 1505 |
the offense, the court shall impose a class four suspension of the | 1506 |
offender's driver's license, commercial driver's license, | 1507 |
temporary instruction permit, probationary license, or nonresident | 1508 |
operating privilege from the range specified in division (A)(4) of | 1509 |
section 4510.02 of the Revised Code. | 1510 |