Regards operating under the influence of marihuana, OVI evidence

As Passed by the Senate

136th
General Assembly

Regular
Session
Sub. S. B. No. 55

2025-2026

Senator Manning

Cosponsors: Senators Antonio,
Blackshear, Blessing, Cirino, Craig, DeMora, Hicks-Hudson, Huffman,
Ingram, Johnson, Koehler, Landis, Lang, Reineke, Reynolds, Wilson

To
amend sections 1547.11, 3701.143
,
4511.181
,
and 4511.19 of the Revised
Code

to change the laws pertaining to operating a vehicle or watercraft
while under the influence of marihuana and the admissibility of
evidence for purposes of OVI statutes.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1547.11, 3701.143
,
4511.181
,
and 4511.19 of the Revised Code be amended to read as follows:

Sec.
1547.11.
(A)
No person shall operate or be in physical control of any vessel
underway or shall manipulate any water skis, aquaplane, or similar
device on the waters in this state if, at the time of the operation,
control, or manipulation, any of the following applies:

(1)
The person is under the influence of alcohol, a drug of abuse, or a
combination of them.

(2)
The person has a concentration of eight-hundredths of one per cent or
more by weight of alcohol per unit volume in the person's whole
blood.

(3)
The person has a concentration of ninety-six-thousandths of one per
cent or more by weight per unit volume of alcohol in the person's
blood serum or plasma.

(4)
The person has a concentration of eleven-hundredths of one gram or
more by weight of alcohol per one hundred milliliters of the person's
urine.

(5)
The person has a concentration of eight-hundredths of one gram or
more by weight of alcohol per two hundred ten liters of the person's
breath.

(6)
Except as provided in division
(H)
(I)

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:

(a)
The person has a concentration of amphetamine in the person's urine
of at least five hundred 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
nanograms of amphetamine per milliliter of the person's whole blood
or blood serum or plasma.

(b)
The person has a concentration of cocaine in the person's urine of at
least one hundred fifty 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 nanograms of
cocaine per milliliter of the person's whole blood or blood serum or
plasma.

(c)
The person has a concentration of cocaine metabolite in the person's
urine of at least one hundred fifty 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 nanograms of cocaine metabolite per
milliliter of the person's whole blood or blood serum or plasma.

(d)
The person has a concentration of heroin in the person's urine of at
least two thousand 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 nanograms of heroin per
milliliter of the person's whole blood or blood serum or plasma.

(e)
The person has a concentration of heroin metabolite (6-monoacetyl
morphine) in the person's urine of at least ten 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 nanograms of heroin metabolite (6-monoacetyl morphine) per
milliliter of the person's whole blood or blood serum or plasma.

(f)
The person has a concentration of L.S.D. in the person's urine of at
least twenty-five nanograms of L.S.D. per milliliter of the person's
urine or has a concentration of L.S.D. in the person's whole blood or
blood serum or plasma of at least ten nanograms of L.S.D. per
milliliter of the person's whole blood or blood serum or plasma.

(g)
The person has a concentration of marihuana
in
the person's urine of at least ten nanograms of marihuana per
milliliter of the person's urine or has a concentration of marihuana

(tetrahydrocannabinol)

in
the person's whole blood
or
blood serum or plasma
of
at least
two

five

nanograms
of
marihuana

tetrahydrocannabinol

per
milliliter of the person's whole blood

or blood serum or plasma
.

(h)
The state board of pharmacy has adopted a rule pursuant to section
4729.041 of the Revised Code that specifies the amount of salvia
divinorum and the amount of salvinorin A that constitute
concentrations of salvia divinorum and salvinorin A in a person's
urine, in a person's whole blood, or in a person's blood serum or
plasma at or above which the person is impaired for purposes of
operating or being in physical control of any vessel underway or
manipulating any water skis, aquaplane, or similar device on the
waters of this state, the rule is in effect, and the person has a
concentration of salvia divinorum or salvinorin A of at least that
amount so specified by rule in the person's urine, in the person's
whole blood, or in the person's blood serum or plasma.

(i)

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 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 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 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
nanograms of marihuana metabolite per milliliter of the person's
whole blood or blood serum or plasma.

(j)

The person has a concentration of methamphetamine in the person's
urine of at least five hundred 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 nanograms of methamphetamine per milliliter
of the person's whole blood or blood serum or plasma.

(k)
(j)

The person has a concentration of phencyclidine in the person's urine
of at least twenty-five 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
nanograms of phencyclidine per milliliter of the person's whole blood
or blood serum or plasma.

(B)
No person under twenty-one years of age shall operate or be in
physical control of any vessel underway or shall manipulate any water
skis, aquaplane, or similar device on the waters in this state if, at
the time of the operation, control, or manipulation, any of the
following applies:

(1)
The person has a concentration of at least two-hundredths of one per
cent, but less than eight-hundredths of one per cent by weight per
unit volume of alcohol in the person's whole blood.

(2)
The person has a concentration of at least three-hundredths of one
per cent but less than ninety-six-thousandths of one per cent by
weight per unit volume of alcohol in the person's blood serum or
plasma.

(3)
The person has a concentration of at least twenty-eight
one-thousandths of one gram, but less than eleven-hundredths of one
gram by weight of alcohol per one hundred milliliters of the person's
urine.

(4)
The person has a concentration of at least two-hundredths of one
gram, but less than eight-hundredths of one gram by weight of alcohol
per two hundred ten liters of the person's breath.

(C)
In any proceeding arising out of one incident, a person may be
charged with a violation of division (A)(1) and a violation of
division (B)(1), (2), (3), or (4) of this section, but the person
shall not be convicted of more than one violation of those divisions.

(D)(1)(a)
In any criminal prosecution or juvenile court proceeding for a
violation of division (A) or (B) of this section or for an equivalent
offense that is watercraft-related, the result of any test of any
blood, oral fluid, or urine withdrawn and analyzed at any health care
provider, as defined in section 2317.02 of the Revised Code, may be
admitted with expert testimony to be considered with any other
relevant and competent evidence in determining the guilt or innocence
of the defendant.

(b)
In any criminal prosecution or juvenile court proceeding for a
violation of division (A) or (B) of this section or for an equivalent
offense that is watercraft-related, the court may admit evidence on
the presence and concentration of alcohol, drugs of abuse, controlled
substances, metabolites of a controlled substance, or a combination
of them in the defendant's or child's whole blood, blood serum or
plasma, urine, oral fluid, or breath at the time of the alleged
violation as shown by chemical analysis of the substance withdrawn,
or specimen taken within three hours of the time of the alleged
violation. The three-hour time limit specified in this division
regarding the admission of evidence does not extend or affect the
two-hour time limit specified in division (C) of section 1547.111 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.
The court may admit evidence on the presence and concentration of
alcohol, drugs of abuse, or a combination of them as described in
this division when a person submits to a blood, breath, urine, oral
fluid, or other bodily substance test at the request of a law
enforcement officer under section 1547.111 of the Revised Code or a
blood or urine sample is obtained pursuant to a search warrant. Only
a physician, a registered nurse, an emergency medical
technician-intermediate, an emergency medical technician-paramedic,
or a qualified technician, chemist, or phlebotomist shall withdraw
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, oral fluid, 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 defendant or child
would be endangered by withdrawing blood.

The
whole blood, blood serum or plasma, urine, oral fluid, or breath
withdrawn under division (D)(1)(b) of this section shall be analyzed
in accordance with methods approved by the director of health by an
individual possessing a valid permit issued by the director pursuant
to section 3701.143 of the Revised Code.

(c)(i)
Any evidence or testimony proposed to be admitted under division
(D)(1)(b) of this section is subject to the Rules of Evidence,
including Evid. R. 702 regarding expert testimony.

(ii)
The admissibility of any evidence or testimony under division
(D)(1)(b) of this section regarding the presence and concentration of
alcohol, a drug of abuse, or a combination of them in a person's
whole blood, blood serum or plasma, urine, breath, oral fluid, or
other bodily substance does not affect, impair, or limit the
admissibility of either of the following that is otherwise admissible
under the Rules of Evidence:

(I)
Any evidence or testimony regarding the analysis of a person's whole
blood, blood serum or plasma, urine, breath, oral fluid, or other
bodily substance under section 3701.143 of the Revised Code;

(II)
Any evidence or testimony regarding the method, process, reliability,
or equipment used in the process of analyzing a person's whole blood,
blood serum or plasma, urine, breath, oral fluid, or other bodily
substance under section 3701.143 of the Revised Code.

The
trier of fact shall give any evidence or testimony admitted by the
court under division (D)(1)(c) of this section whatever weight the
trier of fact considers to be appropriate.

(2)
In a criminal prosecution or juvenile court proceeding for a
violation of division (A) of this section or for an equivalent
offense that is watercraft-related, if there was at the time the
bodily substance was taken a concentration of less than the
applicable concentration of alcohol specified for a violation of
division (A)(2), (3), (4), or (5) 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)(6) of this section, that fact may be considered with
other competent evidence in determining the guilt or innocence of the
defendant or in making an adjudication for the child. This division
does not limit or affect a criminal prosecution or juvenile court
proceeding for a violation of division (B) of this section or for a
violation of a prohibition that is substantially equivalent to that
division.

(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 completion of the test analysis.

If
the chemical test was administered pursuant to division (D)(1)(b) of
this section, the person tested may have a physician, a registered
nurse, or a qualified technician, chemist, or phlebotomist of the
person's own choosing administer a chemical test or tests in addition
to any administered at the direction of a law enforcement officer,
and shall be so advised. The failure or inability to obtain an
additional test by a person shall not preclude the admission of
evidence relating to the test or tests taken at the direction of a
law enforcement officer.

(E)(1)
In any criminal prosecution or juvenile court proceeding for a
violation of division (A) or (B) of this section, of a municipal
ordinance relating to operating or being in physical control of any
vessel underway or to manipulating any water skis, aquaplane, or
similar device on the waters of this state while under the influence
of alcohol, a drug of abuse, or a combination of them, or of a
municipal ordinance relating to operating or being in physical
control of any vessel underway or to manipulating any water skis,
aquaplane, or similar device on the waters of this state with a
prohibited concentration of alcohol, a controlled substance, or a
metabolite of a controlled substance in the whole blood, blood serum
or plasma, breath, oral fluid, or urine, if a law enforcement officer
has administered a field sobriety test to the operator or person
found to be in physical control of the vessel underway involved in
the violation or the person manipulating the water skis, aquaplane,
or similar device 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 reliable,
credible, and generally accepted field sobriety tests for vehicles
that were in effect at the time the tests were administered,
including, but not limited to, any testing standards then in effect
that have been set by the national highway traffic safety
administration, that by their nature are not clearly inapplicable
regarding the operation or physical control of vessels underway or
the manipulation of water skis, aquaplanes, or similar devices, all
of the following apply:

(a)
The officer may testify concerning the results of the field sobriety
test so administered.

(b)
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.

(c)
If testimony is presented or evidence is introduced under division
(E)(1)(a) or (b) 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.

(2)
Division (E)(1) of this section does not limit or preclude a court,
in its determination of whether the arrest of a person was supported
by probable cause or its determination of any other matter in a
criminal prosecution or juvenile court proceeding of a type described
in that division, from considering evidence or testimony that is not
otherwise disallowed by division (E)(1) of this section.

(F)(1)

A
trier of fact may infer that a person is under the influence of
marihuana in violation of division (A)(1) of this section if any of
the following apply:

(a)
The person has a concentration of at least twenty-five nanograms of
tetrahydrocannabinol per milliliter of the person's urine.

(b)
The person has a concentration of at least two but less than five
nanograms of tetrahydrocannabinol per milliliter of the person's
whole blood.

(c)
The person has a concentration of at least five nanograms of
tetrahydrocannabinol per milliliter of the person's oral fluid.

(2)(a)
If the court admits any evidence or testimony submitted by the
prosecution under division (D)(1)(b) of this section that
demonstrates that a person had a concentration of
tetrahydrocannabinol that is within one of the levels specified in
division (F)(1) of this section, the trier of fact may, without
expert testimony, infer that the person was under the influence of
marihuana in violation of division (A)(1) of this section.

(b)
The inference that a person was under the influence of marihuana in
violation of division (A)(1) of this section may be supported or
rebutted by either party with any evidence or testimony that complies
with the Rules of Evidence.

(3)
In determining whether a person was under the influence of marihuana,
the trier of fact shall consider all relevant and competent evidence,
including the inference, and give the evidence whatever weight the
trier of fact considers to be appropriate.

(G)(1)

Subject
to division
(F)(3)
(G)(3)

of this section, in any criminal prosecution or juvenile court
proceeding for a violation of division (A) or (B) of this section or
for an equivalent offense that is substantially equivalent to either
of those divisions, the court shall admit as prima-facie evidence a
laboratory report from any laboratory personnel issued a permit by
the department of health authorizing an analysis as described in this
division that contains an analysis of the whole blood, blood serum or
plasma, breath, urine, or other bodily substance tested and that
contains all of the information specified in this division. 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 department of health.

(2)
Notwithstanding any other provision of law regarding the admission of
evidence, a report of the type described in division
(F)(1)
(G)(1)

of this section is not admissible against the defendant or child 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 or child's attorney or, if the
defendant or child has no attorney, on the defendant or child.

(3)
A report of the type described in division
(F)(1)
(G)(1)

of this section shall not be prima-facie evidence of the contents,
identity, or amount of any substance if, within seven days after the
defendant or child to whom the report pertains or the defendant's or
child's attorney receives a copy of the report, the defendant or
child or the defendant's or child's attorney demands the testimony of
the person who signed the report. The judge in the case may extend
the seven-day time limit in the interest of justice.

(G)
(H)

Except as otherwise provided in this division, any physician,
registered nurse, emergency medical technician-intermediate,
emergency medical technician-paramedic, or qualified technician,
chemist, or phlebotomist who withdraws blood from a person pursuant
to this section or section 1547.111 of the Revised Code, and a
hospital, first-aid station, or clinic at which blood is withdrawn
from a person pursuant to this section or section 1547.111 of the
Revised Code, is immune from criminal and civil liability based upon
a claim of assault and battery or any other claim that is not a claim
of malpractice, for any act performed in withdrawing blood from the
person. The immunity provided in this division also extends to an
emergency medical service organization that employs an emergency
medical technician-intermediate or an emergency medical
technician-paramedic who withdraws blood under this section. The
immunity provided in this division is not available to a person who
withdraws blood if the person engages in willful or wanton
misconduct.

(H)
(I)

Division (A)(6) of this section does not apply to a person who
operates or is in physical control of a vessel underway or
manipulates any water skis, aquaplane, or similar device 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.

(I)
(J)

As used in this section and section 1547.111 of the Revised Code:

(1)
"Equivalent offense" has the same meaning as in section
4511.181 of the Revised Code.

(2)
"National highway traffic safety administration" has the
same meaning as in section 4511.19 of the Revised Code.

(3)
"Operate" means that a vessel is being used on the waters
in this state when the vessel is not securely affixed to a dock or to
shore or to any permanent structure to which the vessel has the right
to affix or that a vessel is not anchored in a designated anchorage
area or boat camping area that is established by the United States
coast guard, this state, or a political subdivision and in which the
vessel has the right to anchor.

(4)
"Controlled substance" and "marihuana" have the
same meanings as in section 3719.01 of the Revised Code.

(5)
"Cocaine" and "L.S.D." have the same meanings as
in section 2925.01 of the Revised Code.

(6)
"Equivalent offense that is watercraft-related" means an
equivalent offense that is one of the following:

(a)
A violation of division (A) of this section;

(b)
A violation of a municipal ordinance prohibiting a person from
operating or being in physical control of any vessel underway or from
manipulating any water skis, aquaplane, or similar device on the
waters of this state while under the influence of alcohol, a drug of
abuse, or a combination of them or prohibiting a person from
operating or being in physical control of any vessel underway or from
manipulating any water skis, aquaplane, or similar device on the
waters of this state with a prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance in
the whole blood, blood serum or plasma, breath, or urine;

(c)
A violation of an existing or former municipal ordinance, law of
another state, or law of the United States that is substantially
equivalent to division (A) of this section;

(d)
A violation of a former law of this state that was substantially
equivalent to division (A) of this section.

(7)
"Emergency medical technician-intermediate" and "emergency
medical technician-paramedic" have the same meanings as in
section 4765.01 of the Revised Code.

(8)
"Tetrahydrocannabinol" has the same meaning as in section
4511.181 of the Revised Code.

Sec.
3701.143.
(A)
As used in this section, "drug of abuse" has the same
meaning as in section 4506.01 of the Revised Code.

(B)
For purposes of sections 1547.11, 4511.19, and 4511.194 of the
Revised Code, the director of health shall determine, or cause to be
determined, techniques or methods for chemically analyzing a person's
whole blood, blood serum or plasma, urine, breath, oral fluid, or
other bodily substance in order to ascertain the presence or amount
of alcohol, a drug of abuse, controlled substance, metabolite of a
controlled substance, or combination of them in the person's whole
blood, blood serum or plasma, urine, breath, oral fluid, or other
bodily substance. The director shall approve satisfactory techniques
or methods, ascertain the qualifications of individuals to conduct
such analyses, and issue permits to qualified persons authorizing
them to perform such analyses. Such permits shall be subject to
termination or revocation at the discretion of the director.

(C)(1)
The authority granted under this section, and any rules adopted
pursuant to that authority, does not affect, impair, or limit the
admissibility of any evidence regarding either of the following that
is otherwise admissible under the Rules of Evidence:

(a)
Any evidence or testimony regarding the analysis of a person's whole
blood, blood serum or plasma, urine, breath, oral fluid, or other
bodily substance under this section, division (D)(1)(b) of section
1547.11, or division (D)(1)(b) of section 4511.19 of the Revised
Code;

(b)
Any evidence or testimony regarding the method, process, reliability,
or equipment used in the process of analyzing a person's whole blood,
blood serum or plasma, urine, breath, oral fluid, or other bodily
substance under this section, division (D)(1)(b) of section 1547.11,
or division (D)(1)(b) of section 4511.19 of the Revised Code.

(2)
Any evidence or testimony proposed to be admitted under this section,
and any evidence or testimony admitted under this section, is subject
to division (D)(1)(c) of section 1547.11 or division (D)(1)(c) of
section 4511.19 of the Revised Code, as applicable.

Sec.
4511.181.
As
used in sections 4511.181 to 4511.198 of the Revised Code:

(A)
"Equivalent offense" means any of the following:

(1)
A violation of division (A) of section 4511.19 of the Revised Code;

(2)
A violation of a municipal OVI ordinance;

(3)
A violation of section 2903.04 of the Revised Code in a case in which
the offender was subject to the sanctions described in division (D)
of that section;

(4)
A violation of division (A)(1) of section 2903.06 or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
equivalent to either of those divisions;

(5)
A violation of division (A)(2), (3), or (4) of section 2903.06,
division (A)(2) of section 2903.08, or former section 2903.07 of the
Revised Code, or a municipal ordinance that is substantially
equivalent to any of those divisions or that former section, in a
case in which a judge or jury as the trier of fact found that the
offender was under the influence of alcohol, a drug of abuse, or a
combination of them;

(6)
A violation of division (A) of section 1547.11 of the Revised Code;

(7)
A violation of a municipal ordinance prohibiting a person from
operating or being in physical control of any vessel underway or from
manipulating any water skis, aquaplane, or similar device on the
waters of this state while under the influence of alcohol, a drug of
abuse, or a combination of them or prohibiting a person from
operating or being in physical control of any vessel underway or from
manipulating any water skis, aquaplane, or similar device on the
waters of this state with a prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance in
the whole blood, blood serum or plasma, breath, or urine;

(8)
A violation of an existing or former municipal ordinance, law of
another state, or law of the United States that is substantially
equivalent to division (A) of section 4511.19 or division (A) of
section 1547.11 of the Revised Code;

(9)
A violation of a former law of this state that was substantially
equivalent to division (A) of section 4511.19 or division (A) of
section 1547.11 of the Revised Code.

(B)
"Mandatory jail term" means the mandatory term in jail of
three, six, ten, twenty, thirty, or sixty days that must be imposed
under division (G)(1)(a), (b), or (c) of section 4511.19 of the
Revised Code upon an offender convicted of a violation of division
(A) of that section and in relation to which all of the following
apply:

(1)
Except as specifically authorized under section 4511.19 of the
Revised Code, the term must be served in a jail.

(2)
Except as specifically authorized under section 4511.19 of the
Revised Code, the term cannot be suspended, reduced, or otherwise
modified pursuant to sections 2929.21 to 2929.28 or any other
provision of the Revised Code.

(C)
"Municipal OVI ordinance" and "municipal OVI offense"
mean any municipal ordinance prohibiting a person from operating a
vehicle while under the influence of alcohol, a drug of abuse, or a
combination of them or prohibiting a person from operating a vehicle
with a prohibited concentration of alcohol, a controlled substance,
or a metabolite of a controlled substance in the whole blood, blood
serum or plasma, breath, or urine.

(D)
"Community residential sanction," "continuous alcohol
monitoring," "jail," "mandatory prison term,"
"mandatory term of local incarceration," "sanction,"
and "prison term" have the same meanings as in section
2929.01 of the Revised Code.

(E)
"Drug of abuse" has the same meaning as in section 4506.01
of the Revised Code.

(F)
"Equivalent offense that is vehicle-related" means an
equivalent offense that is any of the following:

(1)
A violation described in division (A)(1), (2), (3), (4), or (5) of
this section;

(2)
A violation of an existing or former municipal ordinance, law of
another state, or law of the United States that is substantially
equivalent to division (A) of section 4511.19 of the Revised Code;

(3)
A violation of a former law of this state that was substantially
equivalent to division (A) of section 4511.19 of the Revised Code.

(G)
"Tetrahydrocannabinol" means naturally occurring or
synthetic equivalents, regardless of whether artificially or
naturally derived, of the substances contained in the plant, or in
the resinous extractives of cannabis, sp. or derivatives, and their
isomers with similar chemical structure to delta-1-cis or trans
tetrahydrocannabinol, and their optical isomers, salts and salts of
isomers. Since nomenclature of these substances is not
internationally standardized, compounds of these structures,
regardless of designation of atomic positions, are included.

Sec.
4511.19.
(A)(1)
No person shall operate any vehicle, streetcar, or trackless trolley
within this state, 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 of one per cent or
more but less than seventeen-hundredths of one per cent by weight per
unit volume of alcohol in the person's whole blood.

(c)
The person has a concentration of ninety-six-thousandths of one per
cent or more but less than two hundred four-thousandths of one per
cent by weight per unit volume of alcohol in the person's blood serum
or plasma.

(d)
The person has a concentration of eight-hundredths of one gram or
more but less than seventeen-hundredths of one gram by weight of
alcohol per two hundred ten liters of the person's breath.

(e)
The person has a concentration of eleven-hundredths of one gram or
more but less than two hundred thirty-eight-thousandths of one gram
by weight of alcohol per one hundred milliliters of the person's
urine.

(f)
The person has a concentration of seventeen-hundredths of one per
cent 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 of one
per cent 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 of one gram or
more by weight of alcohol per two hundred ten liters of the person's
breath.

(i)
The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol per
one hundred 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 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
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 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 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 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 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 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 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 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 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 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 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 nanograms of marihuana per
milliliter of the person's urine or has a concentration of marihuana

(tetrahydrocannabinol)

in
the person's whole blood
or
blood serum or plasma
of
at least
two

five

nanograms
of
marihuana

tetrahydrocannabinol

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 the person has a concentration of marihuana
metabolite in the person's urine of at least fifteen 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 nanograms of marihuana
metabolite per milliliter of the person's whole blood or blood serum
or plasma.

(II)
The person has a concentration of marihuana metabolite in the
person's urine of at least thirty-five 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 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 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 nanograms of methamphetamine per milliliter of the person's
whole blood or blood serum or plasma.

(x)
(ix)

The person has a concentration of phencyclidine in the person's urine
of at least twenty-five 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
nanograms of phencyclidine per milliliter of the person's whole blood
or blood serum or plasma.

(xi)
(x)

The state board of pharmacy has adopted a rule pursuant to section
4729.041 of the Revised Code that specifies the amount of salvia
divinorum and the amount of salvinorin A that constitute
concentrations of salvia divinorum and salvinorin A in a person's
urine, in a person's whole blood, or in a person's blood serum or
plasma at or above which the person is impaired for purposes of
operating any vehicle, streetcar, or trackless trolley within this
state, the rule is in effect, and the person has a concentration of
salvia divinorum or salvinorin A of at least that amount so specified
by rule in the person's urine, in the person's whole blood, or in the
person's blood serum or plasma.

(2)
No person who, within twenty 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, a violation of
division (A)(1) of this section, or any other equivalent 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 years of age shall operate any vehicle,
streetcar, or trackless trolley within this state, if, at the time of
the operation, any of the following apply:

(1)
The person has a concentration of at least two-hundredths of one per
cent but less than eight-hundredths of one per cent by weight per
unit volume of alcohol in the person's whole blood.

(2)
The person has a concentration of at least three-hundredths of one
per cent but less than ninety-six-thousandths of one per cent 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 of one gram
but less than eight-hundredths of one gram by weight of alcohol per
two hundred ten liters of the person's breath.

(4)
The person has a concentration of at least twenty-eight
one-thousandths of one gram but less than eleven-hundredths of one
gram by weight of alcohol per one hundred milliliters of the person's
urine.

(C)
In any proceeding arising out of one incident, a person may be
charged with a violation of division (A)(1)(a) or (A)(2) and a
violation of division (B)(1), (2), or (3) of this section, but the
person may not be convicted of more than one violation of these
divisions.

(D)(1)(a)
In any criminal prosecution or juvenile court proceeding for a
violation of division (A)(1)(a) of this section or for an equivalent
offense that is vehicle-related, the result of any test of any blood,
oral fluid, or urine withdrawn and analyzed at any health care
provider, as defined in section 2317.02 of the Revised Code, may be
admitted with expert testimony to be considered with any other
relevant and competent evidence in determining the guilt or innocence
of the defendant.

(b)
In any criminal prosecution or juvenile court proceeding for a
violation of division (A) or (B) of this section or for an equivalent
offense that is vehicle-related, the court may admit evidence on the
presence and 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, oral fluid, or other bodily substance at the time of
the alleged violation as shown by chemical analysis of the substance
withdrawn within three hours of the time of the alleged violation.
The three-hour time limit specified in this division regarding the
admission of evidence does not extend or affect the two-hour time
limit specified in 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. The court
may admit evidence on the presence and concentration of alcohol,
drugs of abuse, or a combination of them as described in this
division when a person submits to a blood, breath, urine, oral fluid,
or other bodily substance test at the request of a law enforcement
officer under section 4511.191 of the Revised Code or a blood or
urine sample is obtained pursuant to a search warrant. Only a
physician, a registered nurse, an emergency medical
technician-intermediate, an emergency medical technician-paramedic,
or a qualified technician, chemist, or phlebotomist shall withdraw a
blood sample for the purpose of determining the alcohol, drug,
controlled substance, metabolite of a controlled substance, or
combination content of the whole blood, blood serum, or blood plasma.
This limitation does not apply to the taking of breath, oral fluid,
or urine specimens. A person authorized to withdraw blood under this
division may refuse to withdraw blood under this division, if in that
person's opinion, the physical welfare of the person would be
endangered by the withdrawing of blood.

The
bodily substance withdrawn under division (D)(1)(b) of this section
shall be analyzed in accordance with methods approved by the director
of health by an individual possessing a valid permit issued by the
director pursuant to section 3701.143 of the Revised Code.

(c)
(c)(i)
Any evidence or testimony proposed to be admitted under division
(D)(1)(b) of this section is subject to the Rules of Evidence,
including Evid. R. 702 regarding expert testimony.

(ii)
The admissibility of any evidence or testimony under division
(D)(1)(b) of this section regarding the presence and concentration of
alcohol, a drug of abuse, or a combination of them in a person's
whole blood, blood serum or plasma, urine, breath, oral fluid, or
other bodily substance does not affect, impair, or limit the
admissibility of either of the following that is otherwise admissible
under the Rules of Evidence:

(I)
Any evidence or testimony regarding the analysis of a person's whole
blood, blood serum or plasma, urine, breath, oral fluid, or other
bodily substance under section 3701.143 of the Revised Code;

(II)
Any evidence or testimony regarding the method, process, reliability,
or equipment used in the process of analyzing a person's whole blood,
blood serum or plasma, urine, breath, oral fluid, or other bodily
substance under section 3701.143 of the Revised Code.

The
trier of fact shall give any evidence or testimony admitted by the
court under division (D)(1)(c) of this section whatever weight the
trier of fact considers to be appropriate.

(d)

As used in division (D)(1)(b) of this section, "emergency
medical technician-intermediate" and "emergency medical
technician-paramedic" have the same meanings as in section
4765.01 of the Revised Code.

(2)
In a criminal prosecution or juvenile court proceeding for a
violation of division (A) of this section or for an equivalent
offense that is vehicle-related, if there was at the time the bodily
substance was withdrawn a concentration of less than the applicable
concentration of alcohol specified in divisions (A)(1)(b), (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 or for an
equivalent offense that is substantially equivalent to that division.

(3)
Upon the request of the person who was tested, the results of the
chemical test shall be made available to the person or the person's
attorney, immediately upon the completion of the chemical test
analysis.

If
the chemical test was obtained pursuant to division (D)(1)(b) of this
section, the person tested may have a physician, a registered nurse,
or a qualified technician, chemist, or phlebotomist of the person's
own choosing administer a chemical test or tests, at the person's
expense, in addition to any administered at the request of a law
enforcement officer. If the person was under arrest as described in
division (A)(5) of section 4511.191 of the Revised Code, the
arresting officer shall advise the person at the time of the arrest
that the person may have an independent chemical test taken at the
person's own expense. If the person was under arrest other than
described in division (A)(5) of section 4511.191 of the Revised Code,
the form to be read to the person to be tested, as required under
section 4511.192 of the 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, of a municipal
ordinance relating to operating a vehicle while under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or of a
municipal ordinance relating to operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite of
a controlled substance in the whole blood, blood serum or plasma,
breath, oral fluid, or urine, if a law enforcement officer has
administered a field sobriety test to the operator of the vehicle
involved in the violation and if it is shown by clear and convincing
evidence that the officer administered the test in substantial
compliance with the testing standards for any reliable, credible, and
generally accepted field sobriety tests that were in effect at the
time the tests were administered, including, but not limited to, any
testing standards then in effect that were set by the national
highway traffic safety administration, all of the following apply:

(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.

(5)(a)
A trier of fact may infer that a person is under the influence of
marihuana in violation of division (A)(1)(a) of this section if any
of the following apply:

(i)
The person has a concentration of at least twenty-five nanograms of
tetrahydrocannabinol per milliliter of the person's urine.

(ii)
The person has a concentration of at least two but less than five
nanograms of tetrahydrocannabinol per milliliter of the person's
whole blood.

(iii)
The person has a concentration of at least five nanograms of
tetrahydrocannabinol per milliliter of the person's oral fluid.

(b)(i)
If the court admits any evidence or testimony submitted by the
prosecution under division (D)(1)(b) of this section that
demonstrates that a person had a concentration of
tetrahydrocannabinol that is within one of the levels specified in
division (D)(5)(a) of this section, the trier of fact may, without
expert testimony, infer that the person was under the influence of
marihuana in violation of division (A)(1)(a) of this section.

(ii)
The inference that a person was under the influence of marihuana in
violation of division (A)(1)(a) of this section may be supported or
rebutted by either party with any evidence or testimony that complies
with the Rules of Evidence.

(c)
In determining whether a person was under the influence of marihuana,
the trier of fact shall consider all relevant and competent evidence,
including the inference, and give the evidence whatever weight the
trier of fact considers to be appropriate.

(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
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 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 days after the defendant to
whom the report pertains or the defendant's attorney receives a copy
of the report, the defendant or the defendant's attorney demands the
testimony of the person who signed the report. The judge in the case
may extend the seven-day time limit in the interest of justice.

(F)
Except as otherwise provided in this division, any physician,
registered nurse, emergency medical technician-intermediate,
emergency medical technician-paramedic, or qualified technician,
chemist, or phlebotomist who withdraws blood from a person pursuant
to this section or section 4511.191 or 4511.192 of the Revised Code,
and any hospital, first-aid station, or clinic at which blood is
withdrawn from a person pursuant to this section or section 4511.191
or 4511.192 of the Revised Code, is immune from criminal liability
and civil liability based upon a claim of assault and battery or any
other claim that is not a claim of malpractice, for any act performed
in withdrawing blood from the person. The immunity provided in this
division also extends to an emergency medical service organization
that employs an emergency medical technician-intermediate or
emergency medical technician-paramedic who withdraws blood under this
section. The immunity provided in this division is not available to a
person who withdraws blood if the person engages in willful or wanton
misconduct.

As
used in this division, "emergency medical
technician-intermediate" and "emergency medical
technician-paramedic" have the same meanings as in section
4765.01 of the Revised Code.

(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 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 consecutive days. As used in this division, three
consecutive days means seventy-two 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-day
mandatory jail term or intervention program. However, in no case
shall the cumulative jail term imposed for the offense exceed six
months.

The
court may suspend the execution of the three-day jail term under this
division if the court, in lieu of that suspended term, places the
offender under a community control sanction pursuant to section
2929.25 of the Revised Code and requires the offender to attend, for
three consecutive days, a drivers' intervention program certified
under section 5119.38 of the Revised Code. The court also may suspend
the execution of any part of the three-day jail term under this
division if it places the offender under a community control sanction
pursuant to section 2929.25 of the Revised Code for part of the three
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
consecutive days that the offender does not spend attending the
program. The court may require the offender, as a condition of
community control 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 5119. of the Revised Code by
the director of mental health and 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 community control that it considers
necessary.

If
the court grants unlimited driving privileges to a first-time
offender under section 4510.022 of the Revised Code, all penalties
imposed upon the offender by the court under division (G)(1)(a)(i) of
this section for the offense apply, except that the court shall
suspend any mandatory or additional jail term imposed by the court
under division (G)(1)(a)(i) of this section upon granting unlimited
driving privileges in accordance with section 4510.022 of the 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 at least three consecutive days and a requirement that the
offender attend, for three consecutive days, a drivers' intervention
program that is certified pursuant to section 5119.38 of the Revised
Code. As used in this division, three consecutive days means
seventy-two 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
consecutive days.

If
the court grants unlimited driving privileges to a first-time
offender under section 4510.022 of the Revised Code, all penalties
imposed upon the offender by the court under division (G)(1)(a)(ii)
of this section for the offense apply, except that the court shall
suspend any mandatory or additional jail term imposed by the court
under division (G)(1)(a)(ii) of this section upon granting unlimited
driving privileges in accordance with section 4510.022 of the Revised
Code.

The
court may require the offender, under a community control sanction
imposed under section 2929.25 of the Revised Code, to attend and
satisfactorily complete any treatment or education programs that
comply with the minimum standards adopted pursuant to Chapter 5119.
of the Revised Code by the director of mental health and 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 community control
on the offender that it considers necessary.

(iii)
In all cases, a fine of not less than five hundred sixty-five and not
more than one thousand seventy-five dollars;

(iv)
In all cases, a suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege for a
definite period of one to three years. The court may grant limited
driving privileges relative to the suspension under sections 4510.021
and 4510.13 of the Revised Code. The court may grant unlimited
driving privileges with an ignition interlock device relative to the
suspension and may reduce the period of suspension as authorized
under section 4510.022 of the Revised Code.

(b)
Except as otherwise provided in division (G)(1)(e) of this section,
an offender who, within ten years of the offense, previously has been
convicted of or pleaded guilty to one violation of division (A) of
this section or one other equivalent offense is guilty of a
misdemeanor of the first degree. The court shall sentence the
offender to all of the 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 consecutive days. The court shall impose the ten-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 house arrest
with electronic monitoring, with continuous alcohol monitoring, or
with both electronic monitoring and continuous alcohol monitoring.
The court may impose a jail term in addition to the ten-day mandatory
jail term. The cumulative jail term imposed for the offense shall not
exceed six months.

In
addition to the jail term or the term of house arrest with electronic
monitoring or continuous alcohol monitoring or both types of
monitoring and jail term, the court shall require the offender to be
assessed by a community addiction services provider that is
authorized by section 5119.21 of the Revised Code, subject to
division (I) of this section, and shall order the offender to follow
the treatment recommendations of the services provider. The purpose
of the assessment is to determine the degree of the offender's
alcohol usage and to determine whether or not treatment is warranted.
Upon the request of the court, the services provider shall submit the
results of the assessment to the court, including all treatment
recommendations and clinical diagnoses related to alcohol use.

(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 consecutive days. The court shall impose the twenty-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 house arrest
with electronic monitoring, with continuous alcohol monitoring, or
with both electronic monitoring and continuous alcohol monitoring.
The court may impose a jail term in addition to the twenty-day
mandatory jail term. The cumulative jail term imposed for the offense
shall not exceed six months.

In
addition to the jail term or the term of house arrest with electronic
monitoring or continuous alcohol monitoring or both types of
monitoring and jail term, the court shall require the offender to be
assessed by a community addiction service provider that is authorized
by section 5119.21 of the Revised Code, subject to division (I) of
this section, and shall order the offender to follow the treatment
recommendations of the services provider. The purpose of the
assessment is to determine the degree of the offender's alcohol usage
and to determine whether or not treatment is warranted. Upon the
request of the court, the services provider shall submit the results
of the assessment to the court, including all treatment
recommendations and clinical diagnoses related to alcohol use.

(iii)
In all cases, notwithstanding the fines set forth in Chapter 2929. of
the Revised Code, a fine of not less than seven hundred fifteen and
not more than one thousand six hundred twenty-five dollars;

(iv)
In all cases, a suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for a
definite period of one to seven years. The court may grant limited
driving privileges relative to the suspension under sections 4510.021
and 4510.13 of the 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 days
in accordance with section 4503.233 of the Revised Code and
impoundment of the license plates of that vehicle for ninety days.

(c)
Except as otherwise provided in division (G)(1)(e) of this section,
an offender who, within ten years of the offense, previously has been
convicted of or pleaded guilty to two violations of division (A) of
this section or other equivalent offenses is guilty of a misdemeanor.
The court shall sentence the offender to all of the 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 consecutive days. The court shall impose the
thirty-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 house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous alcohol
monitoring. The court may impose a jail term in addition to the
thirty-day mandatory jail term. Notwithstanding the jail terms set
forth in sections 2929.21 to 2929.28 of the Revised Code, the
additional jail term shall not exceed one year, and the cumulative
jail term imposed for the offense shall not exceed one 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 jail term of sixty consecutive days. The court shall impose
the sixty-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
house arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous alcohol
monitoring. The court may impose a jail term in addition to the
sixty-day mandatory jail term. Notwithstanding the jail terms set
forth in sections 2929.21 to 2929.28 of the Revised Code, the
additional jail term shall not exceed one year, and the cumulative
jail term imposed for the offense shall not exceed one year.

(iii)
In all cases, notwithstanding the fines set forth in Chapter 2929. of
the Revised Code, a fine of not less than one thousand forty and not
more than two thousand seven hundred fifty dollars;

(iv)
In all cases, a suspension of the offender's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for a
definite period of two to twelve years. The court may grant limited
driving privileges relative to the suspension under sections 4510.021
and 4510.13 of the 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 Revised Code. Division (G)(6)
of this section applies regarding any vehicle that is subject to an
order of criminal forfeiture under this division.

(vi)
In all cases, the court shall order the offender to participate with
a community addiction services provider authorized by section 5119.21
of the Revised Code, subject to division (I) of this section, and
shall order the offender to follow the treatment recommendations of
the services provider. The operator of the services provider shall
determine and assess the degree of the offender's alcohol dependency
and shall make recommendations for treatment. Upon the request of the
court, the services provider shall submit the results of the
assessment to the court, including all treatment recommendations and
clinical diagnoses related to alcohol use.

(d)
Except as otherwise provided in division (G)(1)(e) of this section,
an offender who, within ten years of the offense, previously has been
convicted of or pleaded guilty to three or four violations of
division (A) of this section or other equivalent offenses, an
offender who, within twenty years of the offense, previously has been
convicted of or pleaded guilty to five or more violations of that
nature, or an offender who previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.1413 of the Revised Code, is guilty of a felony of the fourth
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
prison term of one, two, three, four, or five years as required by
and in accordance with division (G)(2) of section 2929.13 of the
Revised Code if the offender also is convicted of or also pleads
guilty to a specification of the type described in section 2941.1413
of the Revised Code or, in the discretion of the court, either a
mandatory term of local incarceration of sixty consecutive days in
accordance with division (G)(1) of section 2929.13 of the Revised
Code or a mandatory prison term of sixty consecutive days in
accordance with division (G)(2) of that section if the offender is
not convicted of and does not plead guilty to a specification of that
type. If the court imposes a mandatory term of local incarceration,
it may impose a jail term in addition to the sixty-day mandatory
term, the cumulative total of the mandatory term and the jail term
for the offense shall not exceed one year, and, except as provided in
division (A)(1) of section 2929.13 of the Revised Code, no prison
term is authorized for the offense. If the court imposes a mandatory
prison term, notwithstanding division (A)(4) of section 2929.14 of
the Revised Code, it also may sentence the offender to a definite
prison term that shall be not less than six months and not more than
thirty months and the prison terms shall be imposed as described in
division (G)(2) of section 2929.13 of the Revised Code. If the court
imposes a mandatory prison term or mandatory prison term and
additional prison term, in addition to the term or terms so imposed,
the court also may sentence the offender to a community control
sanction for the offense, but the offender shall serve all of the
prison terms so imposed prior to serving the community control
sanction.

(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 prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section 2929.13
of the Revised Code if the offender also is convicted of or also
pleads guilty to a specification of the type described in section
2941.1413 of the Revised Code or, in the discretion of the court,
either a mandatory term of local incarceration of one hundred twenty
consecutive days in accordance with division (G)(1) of section
2929.13 of the Revised Code or a mandatory prison term of one hundred
twenty consecutive days in accordance with division (G)(2) of that
section if the offender is not convicted of and does not plead guilty
to a specification of that type. If the court imposes a mandatory
term of local incarceration, it may impose a jail term in addition to
the one hundred twenty-day mandatory term, the cumulative total of
the mandatory term and the jail term for the offense shall not exceed
one year, and, except as provided in division (A)(1) of section
2929.13 of the Revised Code, no prison term is authorized for the
offense. If the court imposes a mandatory prison term,
notwithstanding division (A)(4) of section 2929.14 of the Revised
Code, it also may sentence the offender to a definite prison term
that shall be not less than six months and not more than thirty
months and the prison terms shall be imposed as described in division
(G)(2) of section 2929.13 of the Revised Code. If the court imposes a
mandatory prison term or mandatory prison term and additional prison
term, in addition to the term or terms so imposed, the court also may
sentence the offender to a community control sanction for the
offense, but the offender shall serve all of the prison terms so
imposed prior to serving the community control sanction.

(iii)
In all cases, notwithstanding section 2929.18 of the Revised Code, a
fine of not less than one thousand five hundred forty nor more than
ten thousand five hundred dollars;

(iv)
In all cases, a class two 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)(2) of section 4510.02 of the
Revised Code. The court may grant limited driving privileges relative
to the suspension under sections 4510.021 and 4510.13 of the 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 Revised Code. Division (G)(6)
of this section applies regarding any vehicle that is subject to an
order of criminal forfeiture under this division.

(vi)
In all cases, the court shall order the offender to participate with
a community addiction services provider authorized by section 5119.21
of the Revised Code, subject to division (I) of this section, and
shall order the offender to follow the treatment recommendations of
the services provider. The operator of the services provider shall
determine and assess the degree of the offender's alcohol dependency
and shall make recommendations for treatment. Upon the request of the
court, the services provider shall submit the results of the
assessment to the court, including all treatment recommendations and
clinical diagnoses related to alcohol use.

(vii)
In all cases, if the court sentences the offender to a mandatory term
of local incarceration, in addition to the mandatory term, the court,
pursuant to section 2929.17 of the Revised Code, may impose a term of
house arrest with electronic monitoring. The term shall not commence
until after the offender has served the mandatory term of local
incarceration.

(e)
An offender who previously has been convicted of or pleaded guilty to
a violation of division (A) of this section that was a felony,
regardless of when the violation and the conviction or guilty plea
occurred, is guilty of a felony of the third degree. The court shall
sentence the offender to all of the following:

(i)
If the offender is being sentenced for a violation of division
(A)(1)(a), (b), (c), (d), (e), or (j) of this section, a mandatory
prison term of one, two, three, four, or five years as required by
and in accordance with division (G)(2) of section 2929.13 of the
Revised Code if the offender also is convicted of or also pleads
guilty to a specification of the type described in section 2941.1413
of the Revised Code or a mandatory prison term of sixty consecutive
days in accordance with division (G)(2) of section 2929.13 of the
Revised Code if the offender is not convicted of and does not plead
guilty to a specification of that type. The court may impose a prison
term in addition to the mandatory prison term. The cumulative total
of a sixty-day mandatory prison term and the additional prison term
for the offense shall not exceed five years. In addition to the
mandatory prison term or mandatory prison term and additional prison
term the court imposes, the court also may sentence the offender to a
community control sanction for the offense, but the offender shall
serve all of the prison terms so imposed prior to serving the
community control sanction.

(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 prison term of one, two, three, four, or five years as
required by and in accordance with division (G)(2) of section 2929.13
of the Revised Code if the offender also is convicted of or also
pleads guilty to a specification of the type described in section
2941.1413 of the Revised Code or a mandatory prison term of one
hundred twenty consecutive days in accordance with division (G)(2) of
section 2929.13 of the Revised Code if the offender is not convicted
of and does not plead guilty to a specification of that type. The
court may impose a prison term in addition to the mandatory prison
term. The cumulative total of a one hundred twenty-day mandatory
prison term and the additional prison term for the offense shall not
exceed five years. In addition to the mandatory prison term or
mandatory prison term and additional prison term the court imposes,
the court also may sentence the offender to a community control
sanction for the offense, but the offender shall serve all of the
prison terms so imposed prior to serving the community control
sanction.

(iii)
In all cases, notwithstanding section 2929.18 of the Revised Code, a
fine of not less than one thousand five hundred forty nor more than
ten thousand five hundred dollars;

(iv)
In all cases, a class two 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)(2) of section 4510.02 of the
Revised Code. The court may grant limited driving privileges relative
to the suspension under sections 4510.021 and 4510.13 of the 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 Revised Code. Division (G)(6)
of this section applies regarding any vehicle that is subject to an
order of criminal forfeiture under this division.

(vi)
In all cases, the court shall order the offender to participate with
a community addiction services provider authorized by section 5119.21
of the Revised Code, subject to division (I) of this section, and
shall order the offender to follow the treatment recommendations of
the services provider. The operator of the services provider shall
determine and assess the degree of the offender's alcohol dependency
and shall make recommendations for treatment. Upon the request of the
court, the services provider shall submit the results of the
assessment to the court, including all treatment recommendations and
clinical diagnoses related to alcohol use.

(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 Revised
Code.

(3)
If an offender is sentenced to a jail term under division
(G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this section and if,
within sixty 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-day period following the date of sentencing, the court may
impose an alternative sentence under this division that includes a
term of house arrest with electronic monitoring, with continuous
alcohol monitoring, or with both electronic monitoring and continuous
alcohol monitoring.

As
an alternative to a mandatory jail term of ten consecutive days
required by division (G)(1)(b)(i) of this section, the court, under
this division, may sentence the offender to five consecutive days in
jail and not less than eighteen consecutive days of house arrest with
electronic monitoring, with continuous alcohol monitoring, or with
both electronic monitoring and continuous alcohol monitoring. The
cumulative total of the five consecutive days in jail and the period
of house arrest with electronic monitoring, continuous alcohol
monitoring, or both types of monitoring shall not exceed six months.
The five 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 consecutive days
required by division (G)(1)(b)(ii) of this section, the court, under
this division, may sentence the offender to ten consecutive days in
jail and not less than thirty-six consecutive days of house arrest
with electronic monitoring, with continuous alcohol monitoring, or
with both electronic monitoring and continuous alcohol monitoring.
The cumulative total of the ten consecutive days in jail and the
period of house arrest with electronic monitoring, continuous alcohol
monitoring, or both types of monitoring shall not exceed six months.
The ten 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 consecutive days
required by division (G)(1)(c)(i) of this section, the court, under
this division, may sentence the offender to fifteen consecutive days
in jail and not less than fifty-five consecutive days of house arrest
with electronic monitoring, with continuous alcohol monitoring, or
with both electronic monitoring and continuous alcohol monitoring.
The cumulative total of the fifteen consecutive days in jail and the
period of house arrest with electronic monitoring, continuous alcohol
monitoring, or both types of monitoring shall not exceed one year.
The fifteen 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 consecutive days
required by division (G)(1)(c)(ii) of this section, the court, under
this division, may sentence the offender to thirty consecutive days
in jail and not less than one hundred ten consecutive days of house
arrest with electronic monitoring, with continuous alcohol
monitoring, or with both electronic monitoring and continuous alcohol
monitoring. The cumulative total of the thirty consecutive days in
jail and the period of house arrest with electronic monitoring,
continuous alcohol monitoring, or both types of monitoring shall not
exceed one year. The thirty 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 Revised Code permits the
court to grant limited driving privileges, the court may grant the
limited driving privileges in accordance with that section. If
division (A)(7) of that section requires that the court impose as a
condition of the privileges that the offender must display on the
vehicle that is driven subject to the privileges restricted license
plates that are issued under section 4503.231 of the Revised Code,
except as provided in division (B) of that section, the court shall
impose that condition as one of the conditions of the limited driving
privileges granted to the offender, except as provided in division
(B) of section 4503.231 of the Revised Code.

(5)
Fines imposed under this section for a violation of division (A) of
this section shall be distributed as follows:

(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under
division (G)(1)(b)(iii), one hundred twenty-three dollars of the fine
imposed under division (G)(1)(c)(iii), and two hundred ten dollars of
the fine imposed under division (G)(1)(d)(iii) or (e)(iii) of this
section shall be paid to an enforcement and education fund
established by the legislative authority of the law enforcement
agency in this state that primarily was responsible for the arrest of
the offender, as determined by the court that imposes the fine. The
agency shall use this share to pay only those costs it incurs in
enforcing this section or a municipal OVI ordinance and in informing
the public of the laws governing the operation of a vehicle while
under the influence of alcohol, the dangers of the operation of a
vehicle under the influence of alcohol, and other information
relating to the operation of a vehicle under the influence of alcohol
and the consumption of alcoholic beverages.

(b)
Fifty dollars of the fine imposed under division (G)(1)(a)(iii) of
this section shall be paid to the political subdivision that pays the
cost of housing the offender during the offender's term of
incarceration. If the offender is being sentenced for a violation of
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section and
was confined as a result of the offense prior to being sentenced for
the offense but is not sentenced to a term of incarceration, the
fifty dollars shall be paid to the political subdivision that paid
the cost of housing the offender during that period of confinement.
The political subdivision shall use the share under this division to
pay or reimburse incarceration or treatment costs it incurs in
housing or providing drug and alcohol treatment to persons who
violate this section or a municipal OVI ordinance, costs of any
immobilizing or disabling device used on the offender's vehicle, and
costs of electronic house arrest equipment needed for persons who
violate this section.

(c)
Twenty-five dollars of the fine imposed under division (G)(1)(a)(iii)
and fifty dollars of the fine imposed under division (G)(1)(b)(iii)
of this section shall be deposited into the county or municipal
indigent drivers' alcohol treatment fund under the control of that
court, as created by the county or municipal corporation under
division (H) of section 4511.191 of the Revised Code.

(d)
One hundred fifteen dollars of the fine imposed under division
(G)(1)(b)(iii), two hundred seventy-seven dollars of the fine imposed
under division (G)(1)(c)(iii), and four hundred forty dollars of the
fine imposed under division (G)(1)(d)(iii) or (e)(iii) of this
section shall be paid to the political subdivision that pays the cost
of housing the offender during the offender's term of incarceration.
The political subdivision shall use this share to pay or reimburse
incarceration or treatment costs it incurs in housing or providing
drug and alcohol treatment to persons who violate this section or a
municipal OVI ordinance, costs for any immobilizing or disabling
device used on the offender's vehicle, and costs of electronic house
arrest equipment needed for persons who violate this section.

(e)
One hundred twenty-five dollars of the fine imposed under divisions
(G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii), (G)(1)(d)(iii), and
(G)(1)(e)(iii) of this section shall be deposited into the special
projects fund of the court in which the offender was convicted and
that is established under division (E)(1) of section 2303.201,
division (B)(1) of section 1901.26, or division (B)(1) of section
1907.24 of the Revised Code, to be used exclusively to cover the cost
of immobilizing or disabling devices, including certified ignition
interlock devices, and remote alcohol monitoring devices for indigent
offenders who are required by a judge to use either of these devices.
If the court in which the offender was convicted does not have a
special projects fund that is established under division (E)(1) of
section 2303.201, division (B)(1) of section 1901.26, or division
(B)(1) of section 1907.24 of the Revised Code, the one hundred
twenty-five dollars shall be deposited into the indigent drivers
interlock and alcohol monitoring fund under division (I) of section
4511.191 of the Revised Code.

(f)
Seventy-five dollars of the fine imposed under division
(G)(1)(a)(iii), one hundred twenty-five dollars of the fine imposed
under division (G)(1)(b)(iii), two hundred fifty dollars of the fine
imposed under division (G)(1)(c)(iii), and five hundred dollars of
the fine imposed under division (G)(1)(d)(iii) or (e)(iii) of this
section shall be transmitted to the treasurer of state for deposit
into the indigent defense support fund established under section
120.08 of the Revised Code.

(g)
One hundred fifteen dollars shall be credited to the statewide
treatment and prevention fund created by section 4301.30 of the
Revised Code. Money credited to the fund under this section shall be
used for purposes identified under section 5119.22 of the Revised
Code.

(h)
The balance of the fine imposed under division (G)(1)(a)(iii),
(b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this section shall be
disbursed as otherwise provided by law.

(6)
If title to a motor vehicle that is subject to an order of criminal
forfeiture under division (G)(1)(c), (d), or (e) of this section is
assigned or transferred and division (B)(2) or (3) of section
4503.234 of the 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 automobile dealers association. The proceeds of any fine
so imposed shall be distributed in accordance with division (C)(2) of
that section.

(7)
In all cases in which an offender is sentenced under division (G) of
this section, the offender shall provide the court with proof of
financial responsibility as defined in section 4509.01 of the Revised
Code. If the offender fails to provide that proof of financial
responsibility, the court, in addition to any other penalties
provided by law, may order restitution pursuant to section 2929.18 or
2929.28 of the Revised Code in an amount not exceeding five thousand
dollars for any economic loss arising from an accident or collision
that was the direct and proximate result of the offender's operation
of the vehicle before, during, or after committing the offense for
which the offender is sentenced under division (G) of this section.

(8)
A court may order an offender to reimburse a law enforcement agency
for any costs incurred by the agency with respect to a chemical test
or tests administered to the offender if all of the following apply:

(a)
The offender is convicted of or pleads guilty to a violation of
division (A) of this section.

(b)
The test or tests were of the offender's whole blood, blood serum or
plasma, oral fluid, or urine.

(c)
The test or tests indicated that the offender had one of the
following at the time of the offense:

(i)
A prohibited concentration of a controlled substance or a metabolite
of a controlled substance in the offender's whole blood, blood serum
or plasma, or urine;

(ii)
A drug of abuse or a metabolite of a drug of abuse in the offender's
oral fluid.

(9)
A court may warn any person who is convicted of or who pleads guilty
to a violation of division (A) of this section or an equivalent
offense that a subsequent violation of this section or an equivalent
offense that results in the death of another or the unlawful
termination of another's pregnancy may result in the person being
guilty of aggravated vehicular homicide under section 2903.06 of the
Revised Code. The court may warn the person of the applicable
penalties for that violation under sections 2903.06 and 2929.142 of
the Revised Code.

(10)
As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory
term of local incarceration" have the same meanings as in
section 2929.01 of the Revised Code.

(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 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 Revised Code. The court may
grant limited driving privileges relative to the suspension under
sections 4510.021 and 4510.13 of the Revised Code. The court may
grant unlimited driving privileges with an ignition interlock device
relative to the suspension and may reduce the period of suspension as
authorized under section 4510.022 of the Revised Code. If the court
grants unlimited driving privileges under section 4510.022 of the
Revised Code, the court shall suspend any jail term imposed under
division (H)(1) of this section as required under that section.

(2)
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one or more violations of division
(A) of this section or other equivalent offenses, the offender is
guilty of a misdemeanor of the third degree. In addition to any other
sanction imposed for the offense, the court shall impose a class four
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(4) of section 4510.02 of the Revised Code. The court may grant
limited driving privileges relative to the suspension under sections
4510.021 and 4510.13 of the Revised Code.

(3)
The offender shall provide the court with proof of financial
responsibility as defined in section 4509.01 of the Revised Code. If
the offender fails to provide that proof of financial responsibility,
then, in addition to any other penalties provided by law, the court
may order restitution pursuant to section 2929.28 of the Revised Code
in an amount not exceeding five thousand dollars for any economic
loss arising from an accident or collision that was the direct and
proximate result of the offender's operation of the vehicle before,
during, or after committing the violation of division (B) of this
section.

(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 5119. of the Revised Code by the director of mental health
and 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)
The prohibited concentrations of a controlled substance or a
metabolite of a controlled substance listed in division (A)(1)(j) of
this section also apply in a prosecution of a violation of division
(D) of section 2923.16 of the Revised Code in the same manner as if
the offender is being prosecuted for a prohibited concentration of
alcohol.

(M)
All terms defined in section 4510.01 of the Revised Code apply to
this section. If the meaning of a term defined in section 4510.01 of
the Revised Code conflicts with the meaning of the same term as
defined in section 4501.01 or 4511.01 of the Revised Code, the term
as defined in section 4510.01 of the Revised Code applies to this
section.

(N)(1)
The Ohio Traffic Rules in effect on January 1, 2004, as adopted by
the supreme court under authority of section 2937.46 of the Revised
Code, do not apply to felony violations of this section. Subject to
division (N)(2) of this section, the Rules of Criminal Procedure
apply to felony violations of this section.

(2)
If, on or after January 1, 2004, the supreme court modifies the Ohio
Traffic Rules to provide procedures to govern felony violations of
this section, the modified rules shall apply to felony violations of
this section.

Section
2.
That
existing sections 1547.11, 3701.143
,
4511.181
,
and 4511.19 of the Revised Code are hereby repealed.

Section
3.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
and reconciled if reasonably capable of simultaneous operation, finds
that the following sections, presented in this act as composites of
the sections as amended by the acts indicated, are the resulting
versions of the sections in effect prior to the effective date of the
sections as presented in this act:

Section
3701.143 of the Revised Code as amended by both H.B. 37 and S.B. 100
of the 135th General Assembly.

Section
4511.19 of the Revised Code as amended by both H.B. 37 and S.B. 100
of the 135th General Assembly.