SB 55

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  1
  4511.19 of the Revised Code to change the laws  2
  pertaining to operating a vehicle or watercraft  3
  while under the influence of marihuana and the  4
  admissibility of evidence for purposes of OVI  5
  statutes.  6
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 1547.11, 3701.143, 4511.181, and  7
4511.19 of the Revised Code be amended to read as follows:  8
     Sec. 1547.11. (A) No person shall operate or be in  9
physical control of any vessel underway or shall manipulate any  10
water skis, aquaplane, or similar device on the waters in this  11
state if, at the time of the operation, control, or  12
manipulation, any of the following applies:  13
     (1) The person is under the influence of alcohol, a drug  14
of abuse, or a combination of them.  15
     (2) The person has a concentration of eight-hundredths of  16
one per cent or more by weight of alcohol per unit volume in the  17
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As Passed by the Senate
person's whole blood.  18
       (3) The person has a concentration of ninety-six-  19
thousandths of one per cent or more by weight per unit volume of  20
alcohol in the person's blood serum or plasma.  21
       (4) The person has a concentration of eleven-hundredths of  22
one gram or more by weight of alcohol per one hundred  23
milliliters of the person's urine.  24
       (5) The person has a concentration of eight-hundredths of  25
one gram or more by weight of alcohol per two hundred ten liters  26
of the person's breath.  27
       (6) Except as provided in division (H)(I) of this section,  28
the person has a concentration of any of the following  29
controlled substances or metabolites of a controlled substance  30
in the person's whole blood, blood serum or plasma, or urine  31
that equals or exceeds any of the following:  32
       (a) The person has a concentration of amphetamine in the  33
person's urine of at least five hundred nanograms of amphetamine  34
per milliliter of the person's urine or has a concentration of  35
amphetamine in the person's whole blood or blood serum or plasma  36
of at least one hundred nanograms of amphetamine per milliliter  37
of the person's whole blood or blood serum or plasma.  38
       (b) The person has a concentration of cocaine in the  39
person's urine of at least one hundred fifty nanograms of  40
cocaine per milliliter of the person's urine or has a  41
concentration of cocaine in the person's whole blood or blood  42
serum or plasma of at least fifty nanograms of cocaine per  43
milliliter of the person's whole blood or blood serum or plasma.  44
       (c) The person has a concentration of cocaine metabolite  45
in the person's urine of at least one hundred fifty nanograms of  46
Sub. S. B. No. 55  Page 3
As Passed by the Senate
cocaine metabolite per milliliter of the person's urine or has a  47
concentration of cocaine metabolite in the person's whole blood  48
or blood serum or plasma of at least fifty nanograms of cocaine  49
metabolite per milliliter of the person's whole blood or blood  50
serum or plasma.  51
       (d) The person has a concentration of heroin in the  52
person's urine of at least two thousand nanograms of heroin per  53
milliliter of the person's urine or has a concentration of  54
heroin in the person's whole blood or blood serum or plasma of  55
at least fifty nanograms of heroin per milliliter of the  56
person's whole blood or blood serum or plasma.  57
       (e) The person has a concentration of heroin metabolite  58
(6-monoacetyl morphine) in the person's urine of at least ten  59
nanograms of heroin metabolite (6-monoacetyl morphine) per  60
milliliter of the person's urine or has a concentration of  61
heroin metabolite (6-monoacetyl morphine) in the person's whole  62
blood or blood serum or plasma of at least ten nanograms of  63
heroin metabolite (6-monoacetyl morphine) per milliliter of the  64
person's whole blood or blood serum or plasma.  65
       (f) The person has a concentration of L.S.D. in the  66
person's urine of at least twenty-five nanograms of L.S.D. per  67
milliliter of the person's urine or has a concentration of  68
L.S.D. in the person's whole blood or blood serum or plasma of  69
at least ten nanograms of L.S.D. per milliliter of the person's  70
whole blood or blood serum or plasma.  71
       (g) The person has a concentration of marihuana in the  72
person's urine of at least ten nanograms of marihuana per  73
milliliter of the person's urine or has a concentration of  74
marihuana (tetrahydrocannabinol) in the person's whole blood or  75
blood serum or plasma of at least two five nanograms of  76
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As Passed by the Senate
marihuana tetrahydrocannabinol per milliliter of the person's  77
whole blood or blood serum or plasma.  78
       (h) The state board of pharmacy has adopted a rule  79
pursuant to section 4729.041 of the Revised Code that specifies  80
the amount of salvia divinorum and the amount of salvinorin A  81
that constitute concentrations of salvia divinorum and  82
salvinorin A in a person's urine, in a person's whole blood, or  83
in a person's blood serum or plasma at or above which the person  84
is impaired for purposes of operating or being in physical  85
control of any vessel underway or manipulating any water skis,  86
aquaplane, or similar device on the waters of this state, the  87
rule is in effect, and the person has a concentration of salvia  88
divinorum or salvinorin A of at least that amount so specified  89
by rule in the person's urine, in the person's whole blood, or  90
in the person's blood serum or plasma.  91
       (i) Either of the following applies:  92
       (i) The person is under the influence of alcohol, a drug  93
of abuse, or a combination of them, and, as measured by gas  94
chromatography mass spectrometry, the person has a concentration  95
of marihuana metabolite in the person's urine of at least  96
fifteen nanograms of marihuana metabolite per milliliter of the  97
person's urine or has a concentration of marihuana metabolite in  98
the person's whole blood or blood serum or plasma of at least  99
five nanograms of marihuana metabolite per milliliter of the  100
person's whole blood or blood serum or plasma.  101
       (ii) As measured by gas chromatography mass spectrometry,  102
the person has a concentration of marihuana metabolite in the  103
person's urine of at least thirty-five nanograms of marihuana  104
metabolite per milliliter of the person's urine or has a  105
concentration of marihuana metabolite in the person's whole  106
Sub. S. B. No. 55  Page 5
As Passed by the Senate
blood or blood serum or plasma of at least fifty nanograms of  107
marihuana metabolite per milliliter of the person's whole blood  108
or blood serum or plasma.  109
       (j) The person has a concentration of methamphetamine in  110
the person's urine of at least five hundred nanograms of  111
methamphetamine per milliliter of the person's urine or has a  112
concentration of methamphetamine in the person's whole blood or  113
blood serum or plasma of at least one hundred nanograms of  114
methamphetamine per milliliter of the person's whole blood or  115
blood serum or plasma.  116
       (k)(j) The person has a concentration of phencyclidine in  117
the person's urine of at least twenty-five nanograms of  118
phencyclidine per milliliter of the person's urine or has a  119
concentration of phencyclidine in the person's whole blood or  120
blood serum or plasma of at least ten nanograms of phencyclidine  121
per milliliter of the person's whole blood or blood serum or  122
plasma.  123
       (B) No person under twenty-one years of age shall operate  124
or be in physical control of any vessel underway or shall  125
manipulate any water skis, aquaplane, or similar device on the  126
waters in this state if, at the time of the operation, control,  127
or manipulation, any of the following applies:  128
       (1) The person has a concentration of at least two-  129
hundredths of one per cent, but less than eight-hundredths of  130
one per cent by weight per unit volume of alcohol in the  131
person's whole blood.  132
       (2) The person has a concentration of at least three-  133
hundredths of one per cent but less than ninety-six-thousandths  134
of one per cent by weight per unit volume of alcohol in the  135
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person's blood serum or plasma.  136
       (3) The person has a concentration of at least twenty-  137
eight one-thousandths of one gram, but less than eleven-  138
hundredths of one gram by weight of alcohol per one hundred  139
milliliters of the person's urine.  140
       (4) The person has a concentration of at least two-  141
hundredths of one gram, but less than eight-hundredths of one  142
gram by weight of alcohol per two hundred ten liters of the  143
person's breath.  144
       (C) In any proceeding arising out of one incident, a  145
person may be charged with a violation of division (A)(1) and a  146
violation of division (B)(1), (2), (3), or (4) of this section,  147
but the person shall not be convicted of more than one violation  148
of those divisions.  149
       (D)(1)(a) In any criminal prosecution or juvenile court  150
proceeding for a violation of division (A) or (B) of this  151
section or for an equivalent offense that is watercraft-related,  152
the result of any test of any blood, oral fluid, or urine  153
withdrawn and analyzed at any health care provider, as defined  154
in section 2317.02 of the Revised Code, may be admitted with  155
expert testimony to be considered with any other relevant and  156
competent evidence in determining the guilt or innocence of the  157
defendant.  158
       (b) In any criminal prosecution or juvenile court  159
proceeding for a violation of division (A) or (B) of this  160
section or for an equivalent offense that is watercraft-related,  161
the court may admit evidence on the presence and concentration  162
of alcohol, drugs of abuse, controlled substances, metabolites  163
of a controlled substance, or a combination of them in the  164
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defendant's or child's whole blood, blood serum or plasma,  165
urine, oral fluid, or breath at the time of the alleged  166
violation as shown by chemical analysis of the substance  167
withdrawn, or specimen taken within three hours of the time of  168
the alleged violation. The three-hour time limit specified in  169
this division regarding the admission of evidence does not  170
extend or affect the two-hour time limit specified in division  171
(C) of section 1547.111 of the Revised Code as the maximum  172
period of time during which a person may consent to a chemical  173
test or tests as described in that section. The court may admit  174
evidence on the presence and concentration of alcohol, drugs of  175
abuse, or a combination of them as described in this division  176
when a person submits to a blood, breath, urine, oral fluid, or  177
other bodily substance test at the request of a law enforcement  178
officer under section 1547.111 of the Revised Code or a blood or  179
urine sample is obtained pursuant to a search warrant. Only a  180
physician, a registered nurse, an emergency medical technician-  181
intermediate, an emergency medical technician-paramedic, or a  182
qualified technician, chemist, or phlebotomist shall withdraw  183
blood for the purpose of determining the alcohol, drug,  184
controlled substance, metabolite of a controlled substance, or  185
combination content of the whole blood, blood serum, or blood  186
plasma. This limitation does not apply to the taking of breath,  187
oral fluid, or urine specimens. A person authorized to withdraw  188
blood under this division may refuse to withdraw blood under  189
this division if, in that person's opinion, the physical welfare  190
of the defendant or child would be endangered by withdrawing  191
blood.  192
       The whole blood, blood serum or plasma, urine, oral fluid,  193
or breath withdrawn under division (D)(1)(b) of this section  194
shall be analyzed in accordance with methods approved by the  195
Sub. S. B. No. 55  Page 8
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director of health by an individual possessing a valid permit  196
issued by the director pursuant to section 3701.143 of the  197
Revised Code.  198
       (c)(i) Any evidence or testimony proposed to be admitted  199
under division (D)(1)(b) of this section is subject to the Rules  200
of Evidence, including Evid. R. 702 regarding expert testimony.  201
       (ii) The admissibility of any evidence or testimony under  202
division (D)(1)(b) of this section regarding the presence and  203
concentration of alcohol, a drug of abuse, or a combination of  204
them in a person's whole blood, blood serum or plasma, urine,  205
breath, oral fluid, or other bodily substance does not affect,  206
impair, or limit the admissibility of either of the following  207
that is otherwise admissible under the Rules of Evidence:  208
       (I) Any evidence or testimony regarding the analysis of a  209
person's whole blood, blood serum or plasma, urine, breath, oral  210
fluid, or other bodily substance under section 3701.143 of the  211
Revised Code;  212
       (II) Any evidence or testimony regarding the method,  213
process, reliability, or equipment used in the process of  214
analyzing a person's whole blood, blood serum or plasma, urine,  215
breath, oral fluid, or other bodily substance under section  216
3701.143 of the Revised Code.  217
       The trier of fact shall give any evidence or testimony  218
admitted by the court under division (D)(1)(c) of this section  219
whatever weight the trier of fact considers to be appropriate.  220
       (2) In a criminal prosecution or juvenile court proceeding  221
for a violation of division (A) of this section or for an  222
equivalent offense that is watercraft-related, if there was at  223
the time the bodily substance was taken a concentration of less  224
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than the applicable concentration of alcohol specified for a  225
violation of division (A)(2), (3), (4), or (5) of this section  226
or less than the applicable concentration of a listed controlled  227
substance or a listed metabolite of a controlled substance  228
specified for a violation of division (A)(6) of this section,  229
that fact may be considered with other competent evidence in  230
determining the guilt or innocence of the defendant or in making  231
an adjudication for the child. This division does not limit or  232
affect a criminal prosecution or juvenile court proceeding for a  233
violation of division (B) of this section or for a violation of  234
a prohibition that is substantially equivalent to that division.  235
       (3) Upon the request of the person who was tested, the  236
results of the chemical test shall be made available to the  237
person or the person's attorney immediately upon completion of  238
the test analysis.  239
       If the chemical test was administered pursuant to division  240
(D)(1)(b) of this section, the person tested may have a  241
physician, a registered nurse, or a qualified technician,  242
chemist, or phlebotomist of the person's own choosing administer  243
a chemical test or tests in addition to any administered at the  244
direction of a law enforcement officer, and shall be so advised.  245
The failure or inability to obtain an additional test by a  246
person shall not preclude the admission of evidence relating to  247
the test or tests taken at the direction of a law enforcement  248
officer.  249
       (E)(1) In any criminal prosecution or juvenile court  250
proceeding for a violation of division (A) or (B) of this  251
section, of a municipal ordinance relating to operating or being  252
in physical control of any vessel underway or to manipulating  253
any water skis, aquaplane, or similar device on the waters of  254
Sub. S. B. No. 55  Page 10
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this state while under the influence of alcohol, a drug of  255
abuse, or a combination of them, or of a municipal ordinance  256
relating to operating or being in physical control of any vessel  257
underway or to manipulating any water skis, aquaplane, or  258
similar device on the waters of this state with a prohibited  259
concentration of alcohol, a controlled substance, or a  260
metabolite of a controlled substance in the whole blood, blood  261
serum or plasma, breath, oral fluid, or urine, if a law  262
enforcement officer has administered a field sobriety test to  263
the operator or person found to be in physical control of the  264
vessel underway involved in the violation or the person  265
manipulating the water skis, aquaplane, or similar device  266
involved in the violation and if it is shown by clear and  267
convincing evidence that the officer administered the test in  268
substantial compliance with the testing standards for reliable,  269
credible, and generally accepted field sobriety tests for  270
vehicles that were in effect at the time the tests were  271
administered, including, but not limited to, any testing  272
standards then in effect that have been set by the national  273
highway traffic safety administration, that by their nature are  274
not clearly inapplicable regarding the operation or physical  275
control of vessels underway or the manipulation of water skis,  276
aquaplanes, or similar devices, all of the following apply:  277
       (a) The officer may testify concerning the results of the  278
field sobriety test so administered.  279
       (b) The prosecution may introduce the results of the field  280
sobriety test so administered as evidence in any proceedings in  281
the criminal prosecution or juvenile court proceeding.  282
       (c) If testimony is presented or evidence is introduced  283
under division (E)(1)(a) or (b) of this section and if the  284
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As Passed by the Senate
testimony or evidence is admissible under the Rules of Evidence,  285
the court shall admit the testimony or evidence, and the trier  286
of fact shall give it whatever weight the trier of fact  287
considers to be appropriate.  288
       (2) Division (E)(1) of this section does not limit or  289
preclude a court, in its determination of whether the arrest of  290
a person was supported by probable cause or its determination of  291
any other matter in a criminal prosecution or juvenile court  292
proceeding of a type described in that division, from  293
considering evidence or testimony that is not otherwise  294
disallowed by division (E)(1) of this section.  295
       (F)(1) A trier of fact may infer that a person is under  296
the influence of marihuana in violation of division (A)(1) of  297
this section if any of the following apply:  298
       (a) The person has a concentration of at least twenty-five  299
nanograms of tetrahydrocannabinol per milliliter of the person's  300
urine.  301
       (b) The person has a concentration of at least two but  302
less than five nanograms of tetrahydrocannabinol per milliliter  303
of the person's whole blood.  304
       (c) The person has a concentration of at least five  305
nanograms of tetrahydrocannabinol per milliliter of the person's  306
oral fluid.  307
       (2)(a) If the court admits any evidence or testimony  308
submitted by the prosecution under division (D)(1)(b) of this  309
section that demonstrates that a person had a concentration of  310
tetrahydrocannabinol that is within one of the levels specified  311
in division (F)(1) of this section, the trier of fact may,  312
without expert testimony, infer that the person was under the  313
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As Passed by the Senate
influence of marihuana in violation of division (A)(1) of this  314
section.  315
       (b) The inference that a person was under the influence of  316
marihuana in violation of division (A)(1) of this section may be  317
supported or rebutted by either party with any evidence or  318
testimony that complies with the Rules of Evidence.  319
       (3) In determining whether a person was under the  320
influence of marihuana, the trier of fact shall consider all  321
relevant and competent evidence, including the inference, and  322
give the evidence whatever weight the trier of fact considers to  323
be appropriate.  324
       (G)(1) Subject to division (F)(3)(G)(3) of this section,  325
in any criminal prosecution or juvenile court proceeding for a  326
violation of division (A) or (B) of this section or for an  327
equivalent offense that is substantially equivalent to either of  328
those divisions, the court shall admit as prima-facie evidence a  329
laboratory report from any laboratory personnel issued a permit  330
by the department of health authorizing an analysis as described  331
in this division that contains an analysis of the whole blood,  332
blood serum or plasma, breath, urine, or other bodily substance  333
tested and that contains all of the information specified in  334
this division. The laboratory report shall contain all of the  335
following:  336
       (a) The signature, under oath, of any person who performed  337
the analysis;  338
       (b) Any findings as to the identity and quantity of  339
alcohol, a drug of abuse, a controlled substance, a metabolite  340
of a controlled substance, or a combination of them that was  341
found;  342
Sub. S. B. No. 55  Page 13
As Passed by the Senate
       (c) A copy of a notarized statement by the laboratory  343
director or a designee of the director that contains the name of  344
each certified analyst or test performer involved with the  345
report, the analyst's or test performer's employment  346
relationship with the laboratory that issued the report, and a  347
notation that performing an analysis of the type involved is  348
part of the analyst's or test performer's regular duties;  349
       (d) An outline of the analyst's or test performer's  350
education, training, and experience in performing the type of  351
analysis involved and a certification that the laboratory  352
satisfies appropriate quality control standards in general and,  353
in this particular analysis, under rules of the department of  354
health.  355
       (2) Notwithstanding any other provision of law regarding  356
the admission of evidence, a report of the type described in  357
division (F)(1)(G)(1) of this section is not admissible against  358
the defendant or child to whom it pertains in any proceeding,  359
other than a preliminary hearing or a grand jury proceeding,  360
unless the prosecutor has served a copy of the report on the  361
defendant's or child's attorney or, if the defendant or child  362
has no attorney, on the defendant or child.  363
       (3) A report of the type described in division (F)(1)(G)  364
(1) of this section shall not be prima-facie evidence of the  365
contents, identity, or amount of any substance if, within seven  366
days after the defendant or child to whom the report pertains or  367
the defendant's or child's attorney receives a copy of the  368
report, the defendant or child or the defendant's or child's  369
attorney demands the testimony of the person who signed the  370
report. The judge in the case may extend the seven-day time  371
limit in the interest of justice.  372
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       (G)(H) Except as otherwise provided in this division, any  373
physician, registered nurse, emergency medical technician-  374
intermediate, emergency medical technician-paramedic, or  375
qualified technician, chemist, or phlebotomist who withdraws  376
blood from a person pursuant to this section or section 1547.111  377
of the Revised Code, and a hospital, first-aid station, or  378
clinic at which blood is withdrawn from a person pursuant to  379
this section or section 1547.111 of the Revised Code, is immune  380
from criminal and civil liability based upon a claim of assault  381
and battery or any other claim that is not a claim of  382
malpractice, for any act performed in withdrawing blood from the  383
person. The immunity provided in this division also extends to  384
an emergency medical service organization that employs an  385
emergency medical technician-intermediate or an emergency  386
medical technician-paramedic who withdraws blood under this  387
section. The immunity provided in this division is not available  388
to a person who withdraws blood if the person engages in willful  389
or wanton misconduct.  390
       (H)(I) Division (A)(6) of this section does not apply to a  391
person who operates or is in physical control of a vessel  392
underway or manipulates any water skis, aquaplane, or similar  393
device while the person has a concentration of a listed  394
controlled substance or a listed metabolite of a controlled  395
substance in the person's whole blood, blood serum or plasma, or  396
urine that equals or exceeds the amount specified in that  397
division, if both of the following apply:  398
       (1) The person obtained the controlled substance pursuant  399
to a prescription issued by a licensed health professional  400
authorized to prescribe drugs.  401
       (2) The person injected, ingested, or inhaled the  402
Sub. S. B. No. 55  Page 15
As Passed by the Senate
controlled substance in accordance with the health  403
professional's directions.  404
       (I)(J) As used in this section and section 1547.111 of the  405
Revised Code:  406
       (1) "Equivalent offense" has the same meaning as in  407
section 4511.181 of the Revised Code.  408
       (2) "National highway traffic safety administration" has  409
the same meaning as in section 4511.19 of the Revised Code.  410
       (3) "Operate" means that a vessel is being used on the  411
waters in this state when the vessel is not securely affixed to  412
a dock or to shore or to any permanent structure to which the  413
vessel has the right to affix or that a vessel is not anchored  414
in a designated anchorage area or boat camping area that is  415
established by the United States coast guard, this state, or a  416
political subdivision and in which the vessel has the right to  417
anchor.  418
       (4) "Controlled substance" and "marihuana" have the same  419
meanings as in section 3719.01 of the Revised Code.  420
       (5) "Cocaine" and "L.S.D." have the same meanings as in  421
section 2925.01 of the Revised Code.  422
       (6) "Equivalent offense that is watercraft-related" means  423
an equivalent offense that is one of the following:  424
       (a) A violation of division (A) of this section;  425
       (b) A violation of a municipal ordinance prohibiting a  426
person from operating or being in physical control of any vessel  427
underway or from manipulating any water skis, aquaplane, or  428
similar device on the waters of this state while under the  429
influence of alcohol, a drug of abuse, or a combination of them  430
Sub. S. B. No. 55  Page 16
As Passed by the Senate
or prohibiting a person from operating or being in physical  431
control of any vessel underway or from manipulating any water  432
skis, aquaplane, or similar device on the waters of this state  433
with a prohibited concentration of alcohol, a controlled  434
substance, or a metabolite of a controlled substance in the  435
whole blood, blood serum or plasma, breath, or urine;  436
        (c) A violation of an existing or former municipal  437
ordinance, law of another state, or law of the United States  438
that is substantially equivalent to division (A) of this  439
section;  440
        (d) A violation of a former law of this state that was  441
substantially equivalent to division (A) of this section.  442
        (7) "Emergency medical technician-intermediate" and  443
"emergency medical technician-paramedic" have the same meanings  444
as in section 4765.01 of the Revised Code.  445
        (8) "Tetrahydrocannabinol" has the same meaning as in  446
section 4511.181 of the Revised Code.  447
        Sec. 3701.143. (A) As used in this section, "drug of  448
abuse" has the same meaning as in section 4506.01 of the Revised  449
Code.  450
        (B) For purposes of sections 1547.11, 4511.19, and  451
4511.194 of the Revised Code, the director of health shall  452
determine, or cause to be determined, techniques or methods for  453
chemically analyzing a person's whole blood, blood serum or  454
plasma, urine, breath, oral fluid, or other bodily substance in  455
order to ascertain the presence or amount of alcohol, a drug of  456
abuse, controlled substance, metabolite of a controlled  457
substance, or combination of them in the person's whole blood,  458
blood serum or plasma, urine, breath, oral fluid, or other  459
Sub. S. B. No. 55  Page 17
As Passed by the Senate
bodily substance. The director shall approve satisfactory  460
techniques or methods, ascertain the qualifications of  461
individuals to conduct such analyses, and issue permits to  462
qualified persons authorizing them to perform such analyses.  463
Such permits shall be subject to termination or revocation at  464
the discretion of the director.  465
       (C)(1) The authority granted under this section, and any  466
rules adopted pursuant to that authority, does not affect,  467
impair, or limit the admissibility of any evidence regarding  468
either of the following that is otherwise admissible under the  469
Rules of Evidence:  470
       (a) Any evidence or testimony regarding the analysis of a  471
person's whole blood, blood serum or plasma, urine, breath, oral  472
fluid, or other bodily substance under this section, division  473
(D)(1)(b) of section 1547.11, or division (D)(1)(b) of section  474
4511.19 of the Revised Code;  475
       (b) Any evidence or testimony regarding the method,  476
process, reliability, or equipment used in the process of  477
analyzing a person's whole blood, blood serum or plasma, urine,  478
breath, oral fluid, or other bodily substance under this  479
section, division (D)(1)(b) of section 1547.11, or division (D)  480
(1)(b) of section 4511.19 of the Revised Code.  481
       (2) Any evidence or testimony proposed to be admitted  482
under this section, and any evidence or testimony admitted under  483
this section, is subject to division (D)(1)(c) of section  484
1547.11 or division (D)(1)(c) of section 4511.19 of the Revised  485
Code, as applicable.  486
       Sec. 4511.181. As used in sections 4511.181 to 4511.198 of  487
the Revised Code:  488
Sub. S. B. No. 55  Page 18
As Passed by the Senate
       (A) "Equivalent offense" means any of the following:  489
       (1) A violation of division (A) of section 4511.19 of the  490
Revised Code;  491
       (2) A violation of a municipal OVI ordinance;  492
       (3) A violation of section 2903.04 of the Revised Code in  493
a case in which the offender was subject to the sanctions  494
described in division (D) of that section;  495
       (4) A violation of division (A)(1) of section 2903.06 or  496
2903.08 of the Revised Code or a municipal ordinance that is  497
substantially equivalent to either of those divisions;  498
       (5) A violation of division (A)(2), (3), or (4) of section  499
2903.06, division (A)(2) of section 2903.08, or former section  500
2903.07 of the Revised Code, or a municipal ordinance that is  501
substantially equivalent to any of those divisions or that  502
former section, in a case in which a judge or jury as the trier  503
of fact found that the offender was under the influence of  504
alcohol, a drug of abuse, or a combination of them;  505
       (6) A violation of division (A) of section 1547.11 of the  506
Revised Code;  507
       (7) A violation of a municipal ordinance prohibiting a  508
person from operating or being in physical control of any vessel  509
underway or from manipulating any water skis, aquaplane, or  510
similar device on the waters of this state while under the  511
influence of alcohol, a drug of abuse, or a combination of them  512
or prohibiting a person from operating or being in physical  513
control of any vessel underway or from manipulating any water  514
skis, aquaplane, or similar device on the waters of this state  515
with a prohibited concentration of alcohol, a controlled  516
substance, or a metabolite of a controlled substance in the  517
Sub. S. B. No. 55  Page 19
As Passed by the Senate
whole blood, blood serum or plasma, breath, or urine;  518
       (8) A violation of an existing or former municipal  519
ordinance, law of another state, or law of the United States  520
that is substantially equivalent to division (A) of section  521
4511.19 or division (A) of section 1547.11 of the Revised Code;  522
       (9) A violation of a former law of this state that was  523
substantially equivalent to division (A) of section 4511.19 or  524
division (A) of section 1547.11 of the Revised Code.  525
       (B) "Mandatory jail term" means the mandatory term in jail  526
of three, six, ten, twenty, thirty, or sixty days that must be  527
imposed under division (G)(1)(a), (b), or (c) of section 4511.19  528
of the Revised Code upon an offender convicted of a violation of  529
division (A) of that section and in relation to which all of the  530
following apply:  531
       (1) Except as specifically authorized under section  532
4511.19 of the Revised Code, the term must be served in a jail.  533
       (2) Except as specifically authorized under section  534
4511.19 of the Revised Code, the term cannot be suspended,  535
reduced, or otherwise modified pursuant to sections 2929.21 to  536
2929.28 or any other provision of the Revised Code.  537
       (C) "Municipal OVI ordinance" and "municipal OVI offense"  538
mean any municipal ordinance prohibiting a person from operating  539
a vehicle while under the influence of alcohol, a drug of abuse,  540
or a combination of them or prohibiting a person from operating  541
a vehicle with a prohibited concentration of alcohol, a  542
controlled substance, or a metabolite of a controlled substance  543
in the whole blood, blood serum or plasma, breath, or urine.  544
       (D) "Community residential sanction," "continuous alcohol  545
monitoring," "jail," "mandatory prison term," "mandatory term of  546
Sub. S. B. No. 55  Page 20
As Passed by the Senate
local incarceration," "sanction," and "prison term" have the  547
same meanings as in section 2929.01 of the Revised Code.  548
       (E) "Drug of abuse" has the same meaning as in section  549
4506.01 of the Revised Code.  550
       (F) "Equivalent offense that is vehicle-related" means an  551
equivalent offense that is any of the following:  552
       (1) A violation described in division (A)(1), (2), (3),  553
(4), or (5) of this section;  554
       (2) A violation of an existing or former municipal  555
ordinance, law of another state, or law of the United States  556
that is substantially equivalent to division (A) of section  557
4511.19 of the Revised Code;  558
       (3) A violation of a former law of this state that was  559
substantially equivalent to division (A) of section 4511.19 of  560
the Revised Code.  561
       (G) "Tetrahydrocannabinol" means naturally occurring or  562
synthetic equivalents, regardless of whether artificially or  563
naturally derived, of the substances contained in the plant, or  564
in the resinous extractives of cannabis, sp. or derivatives, and  565
their isomers with similar chemical structure to delta-1-cis or  566
trans tetrahydrocannabinol, and their optical isomers, salts and  567
salts of isomers. Since nomenclature of these substances is not  568
internationally standardized, compounds of these structures,  569
regardless of designation of atomic positions, are included.  570
       Sec. 4511.19. (A)(1) No person shall operate any vehicle,  571
streetcar, or trackless trolley within this state, if, at the  572
time of the operation, any of the following apply:  573
       (a) The person is under the influence of alcohol, a drug  574
Sub. S. B. No. 55  Page 21
As Passed by the Senate
of abuse, or a combination of them.  575
       (b) The person has a concentration of eight-hundredths of  576
one per cent or more but less than seventeen-hundredths of one  577
per cent by weight per unit volume of alcohol in the person's  578
whole blood.  579
       (c) The person has a concentration of ninety-six-  580
thousandths of one per cent or more but less than two hundred  581
four-thousandths of one per cent by weight per unit volume of  582
alcohol in the person's blood serum or plasma.  583
       (d) The person has a concentration of eight-hundredths of  584
one gram or more but less than seventeen-hundredths of one gram  585
by weight of alcohol per two hundred ten liters of the person's  586
breath.  587
       (e) The person has a concentration of eleven-hundredths of  588
one gram or more but less than two hundred thirty-eight-  589
thousandths of one gram by weight of alcohol per one hundred  590
milliliters of the person's urine.  591
       (f) The person has a concentration of seventeen-hundredths  592
of one per cent or more by weight per unit volume of alcohol in  593
the person's whole blood.  594
       (g) The person has a concentration of two hundred four-  595
thousandths of one per cent or more by weight per unit volume of  596
alcohol in the person's blood serum or plasma.  597
       (h) The person has a concentration of seventeen-hundredths  598
of one gram or more by weight of alcohol per two hundred ten  599
liters of the person's breath.  600
       (i) The person has a concentration of two hundred thirty-  601
eight-thousandths of one gram or more by weight of alcohol per  602
Sub. S. B. No. 55  Page 22
As Passed by the Senate
one hundred milliliters of the person's urine.  603
       (j) Except as provided in division (K) of this section,  604
the person has a concentration of any of the following  605
controlled substances or metabolites of a controlled substance  606
in the person's whole blood, blood serum or plasma, or urine  607
that equals or exceeds any of the following:  608
       (i) The person has a concentration of amphetamine in the  609
person's urine of at least five hundred nanograms of amphetamine  610
per milliliter of the person's urine or has a concentration of  611
amphetamine in the person's whole blood or blood serum or plasma  612
of at least one hundred nanograms of amphetamine per milliliter  613
of the person's whole blood or blood serum or plasma.  614
       (ii) The person has a concentration of cocaine in the  615
person's urine of at least one hundred fifty nanograms of  616
cocaine per milliliter of the person's urine or has a  617
concentration of cocaine in the person's whole blood or blood  618
serum or plasma of at least fifty nanograms of cocaine per  619
milliliter of the person's whole blood or blood serum or plasma.  620
       (iii) The person has a concentration of cocaine metabolite  621
in the person's urine of at least one hundred fifty nanograms of  622
cocaine metabolite per milliliter of the person's urine or has a  623
concentration of cocaine metabolite in the person's whole blood  624
or blood serum or plasma of at least fifty nanograms of cocaine  625
metabolite per milliliter of the person's whole blood or blood  626
serum or plasma.  627
       (iv) The person has a concentration of heroin in the  628
person's urine of at least two thousand nanograms of heroin per  629
milliliter of the person's urine or has a concentration of  630
heroin in the person's whole blood or blood serum or plasma of  631
Sub. S. B. No. 55  Page 23
As Passed by the Senate
at least fifty nanograms of heroin per milliliter of the  632
person's whole blood or blood serum or plasma.  633
       (v) The person has a concentration of heroin metabolite  634
(6-monoacetyl morphine) in the person's urine of at least ten  635
nanograms of heroin metabolite (6-monoacetyl morphine) per  636
milliliter of the person's urine or has a concentration of  637
heroin metabolite (6-monoacetyl morphine) in the person's whole  638
blood or blood serum or plasma of at least ten nanograms of  639
heroin metabolite (6-monoacetyl morphine) per milliliter of the  640
person's whole blood or blood serum or plasma.  641
       (vi) The person has a concentration of L.S.D. in the  642
person's urine of at least twenty-five nanograms of L.S.D. per  643
milliliter of the person's urine or a concentration of L.S.D. in  644
the person's whole blood or blood serum or plasma of at least  645
ten nanograms of L.S.D. per milliliter of the person's whole  646
blood or blood serum or plasma.  647
       (vii) The person has a concentration of marihuana in the  648
person's urine of at least ten nanograms of marihuana per  649
milliliter of the person's urine or has a concentration of  650
marihuana (tetrahydrocannabinol) in the person's whole blood or  651
blood serum or plasma of at least two five nanograms of  652
marihuana tetrahydrocannabinol per milliliter of the person's  653
whole blood or blood serum or plasma.  654
       (viii) Either of the following applies:  655
       (I) The person is under the influence of alcohol, a drug  656
of abuse, or a combination of them, and the person has a  657
concentration of marihuana metabolite in the person's urine of  658
at least fifteen nanograms of marihuana metabolite per  659
milliliter of the person's urine or has a concentration of  660
Sub. S. B. No. 55  Page 24
As Passed by the Senate
marihuana metabolite in the person's whole blood or blood serum  661
or plasma of at least five nanograms of marihuana metabolite per  662
milliliter of the person's whole blood or blood serum or plasma.  663
       (II) The person has a concentration of marihuana  664
metabolite in the person's urine of at least thirty-five  665
nanograms of marihuana metabolite per milliliter of the person's  666
urine or has a concentration of marihuana metabolite in the  667
person's whole blood or blood serum or plasma of at least fifty  668
nanograms of marihuana metabolite per milliliter of the person's  669
whole blood or blood serum or plasma.  670
       (ix) The person has a concentration of methamphetamine in  671
the person's urine of at least five hundred nanograms of  672
methamphetamine per milliliter of the person's urine or has a  673
concentration of methamphetamine in the person's whole blood or  674
blood serum or plasma of at least one hundred nanograms of  675
methamphetamine per milliliter of the person's whole blood or  676
blood serum or plasma.  677
       (x)(ix) The person has a concentration of phencyclidine in  678
the person's urine of at least twenty-five nanograms of  679
phencyclidine per milliliter of the person's urine or has a  680
concentration of phencyclidine in the person's whole blood or  681
blood serum or plasma of at least ten nanograms of phencyclidine  682
per milliliter of the person's whole blood or blood serum or  683
plasma.  684
       (xi)(x) The state board of pharmacy has adopted a rule  685
pursuant to section 4729.041 of the Revised Code that specifies  686
the amount of salvia divinorum and the amount of salvinorin A  687
that constitute concentrations of salvia divinorum and  688
salvinorin A in a person's urine, in a person's whole blood, or  689
in a person's blood serum or plasma at or above which the person  690
Sub. S. B. No. 55  Page 25
As Passed by the Senate
is impaired for purposes of operating any vehicle, streetcar, or  691
trackless trolley within this state, the rule is in effect, and  692
the person has a concentration of salvia divinorum or salvinorin  693
A of at least that amount so specified by rule in the person's  694
urine, in the person's whole blood, or in the person's blood  695
serum or plasma.  696
       (2) No person who, within twenty years of the conduct  697
described in division (A)(2)(a) of this section, previously has  698
been convicted of or pleaded guilty to a violation of this  699
division, a violation of division (A)(1) of this section, or any  700
other equivalent offense shall do both of the following:  701
       (a) Operate any vehicle, streetcar, or trackless trolley  702
within this state while under the influence of alcohol, a drug  703
of abuse, or a combination of them;  704
       (b) Subsequent to being arrested for operating the  705
vehicle, streetcar, or trackless trolley as described in  706
division (A)(2)(a) of this section, being asked by a law  707
enforcement officer to submit to a chemical test or tests under  708
section 4511.191 of the Revised Code, and being advised by the  709
officer in accordance with section 4511.192 of the Revised Code  710
of the consequences of the person's refusal or submission to the  711
test or tests, refuse to submit to the test or tests.  712
       (B) No person under twenty-one years of age shall operate  713
any vehicle, streetcar, or trackless trolley within this state,  714
if, at the time of the operation, any of the following apply:  715
       (1) The person has a concentration of at least two-  716
hundredths of one per cent but less than eight-hundredths of one  717
per cent by weight per unit volume of alcohol in the person's  718
whole blood.  719
Sub. S. B. No. 55  Page 26
As Passed by the Senate
       (2) The person has a concentration of at least three-  720
hundredths of one per cent but less than ninety-six-thousandths  721
of one per cent by weight per unit volume of alcohol in the  722
person's blood serum or plasma.  723
       (3) The person has a concentration of at least two-  724
hundredths of one gram but less than eight-hundredths of one  725
gram by weight of alcohol per two hundred ten liters of the  726
person's breath.  727
       (4) The person has a concentration of at least twenty-  728
eight one-thousandths of one gram but less than eleven-  729
hundredths of one gram by weight of alcohol per one hundred  730
milliliters of the person's urine.  731
       (C) In any proceeding arising out of one incident, a  732
person may be charged with a violation of division (A)(1)(a) or  733
(A)(2) and a violation of division (B)(1), (2), or (3) of this  734
section, but the person may not be convicted of more than one  735
violation of these divisions.  736
       (D)(1)(a) In any criminal prosecution or juvenile court  737
proceeding for a violation of division (A)(1)(a) of this section  738
or for an equivalent offense that is vehicle-related, the result  739
of any test of any blood, oral fluid, or urine withdrawn and  740
analyzed at any health care provider, as defined in section  741
2317.02 of the Revised Code, may be admitted with expert  742
testimony to be considered with any other relevant and competent  743
evidence in determining the guilt or innocence of the defendant.  744
       (b) In any criminal prosecution or juvenile court  745
proceeding for a violation of division (A) or (B) of this  746
section or for an equivalent offense that is vehicle-related,  747
the court may admit evidence on the presence and concentration  748
Sub. S. B. No. 55  Page 27
As Passed by the Senate
of alcohol, drugs of abuse, controlled substances, metabolites  749
of a controlled substance, or a combination of them in the  750
defendant's whole blood, blood serum or plasma, breath, urine,  751
oral fluid, or other bodily substance at the time of the alleged  752
violation as shown by chemical analysis of the substance  753
withdrawn within three hours of the time of the alleged  754
violation. The three-hour time limit specified in this division  755
regarding the admission of evidence does not extend or affect  756
the two-hour time limit specified in division (A) of section  757
4511.192 of the Revised Code as the maximum period of time  758
during which a person may consent to a chemical test or tests as  759
described in that section. The court may admit evidence on the  760
presence and concentration of alcohol, drugs of abuse, or a  761
combination of them as described in this division when a person  762
submits to a blood, breath, urine, oral fluid, or other bodily  763
substance test at the request of a law enforcement officer under  764
section 4511.191 of the Revised Code or a blood or urine sample  765
is obtained pursuant to a search warrant. Only a physician, a  766
registered nurse, an emergency medical technician-intermediate,  767
an emergency medical technician-paramedic, or a qualified  768
technician, chemist, or phlebotomist shall withdraw a blood  769
sample for the purpose of determining the alcohol, drug,  770
controlled substance, metabolite of a controlled substance, or  771
combination content of the whole blood, blood serum, or blood  772
plasma. This limitation does not apply to the taking of breath,  773
oral fluid, or urine specimens. A person authorized to withdraw  774
blood under this division may refuse to withdraw blood under  775
this division, if in that person's opinion, the physical welfare  776
of the person would be endangered by the withdrawing of blood.  777
       The bodily substance withdrawn under division (D)(1)(b) of  778
this section shall be analyzed in accordance with methods  779
Sub. S. B. No. 55  Page 28
As Passed by the Senate
approved by the director of health by an individual possessing a  780
valid permit issued by the director pursuant to section 3701.143  781
of the Revised Code.  782
       (c)(c)(i) Any evidence or testimony proposed to be  783
admitted under division (D)(1)(b) of this section is subject to  784
the Rules of Evidence, including Evid. R. 702 regarding expert  785
testimony.  786
       (ii) The admissibility of any evidence or testimony under  787
division (D)(1)(b) of this section regarding the presence and  788
concentration of alcohol, a drug of abuse, or a combination of  789
them in a person's whole blood, blood serum or plasma, urine,  790
breath, oral fluid, or other bodily substance does not affect,  791
impair, or limit the admissibility of either of the following  792
that is otherwise admissible under the Rules of Evidence:  793
       (I) Any evidence or testimony regarding the analysis of a  794
person's whole blood, blood serum or plasma, urine, breath, oral  795
fluid, or other bodily substance under section 3701.143 of the  796
Revised Code;  797
       (II) Any evidence or testimony regarding the method,  798
process, reliability, or equipment used in the process of  799
analyzing a person's whole blood, blood serum or plasma, urine,  800
breath, oral fluid, or other bodily substance under section  801
3701.143 of the Revised Code.  802
       The trier of fact shall give any evidence or testimony  803
admitted by the court under division (D)(1)(c) of this section  804
whatever weight the trier of fact considers to be appropriate.  805
       (d) As used in division (D)(1)(b) of this section,  806
"emergency medical technician-intermediate" and "emergency  807
medical technician-paramedic" have the same meanings as in  808
Sub. S. B. No. 55  Page 29
As Passed by the Senate
section 4765.01 of the Revised Code.  809
       (2) In a criminal prosecution or juvenile court proceeding  810
for a violation of division (A) of this section or for an  811
equivalent offense that is vehicle-related, if there was at the  812
time the bodily substance was withdrawn a concentration of less  813
than the applicable concentration of alcohol specified in  814
divisions (A)(1)(b), (c), (d), and (e) of this section or less  815
than the applicable concentration of a listed controlled  816
substance or a listed metabolite of a controlled substance  817
specified for a violation of division (A)(1)(j) of this section,  818
that fact may be considered with other competent evidence in  819
determining the guilt or innocence of the defendant. This  820
division does not limit or affect a criminal prosecution or  821
juvenile court proceeding for a violation of division (B) of  822
this section or for an equivalent offense that is substantially  823
equivalent to that division.  824
       (3) Upon the request of the person who was tested, the  825
results of the chemical test shall be made available to the  826
person or the person's attorney, immediately upon the completion  827
of the chemical test analysis.  828
       If the chemical test was obtained pursuant to division (D)  829
(1)(b) of this section, the person tested may have a physician,  830
a registered nurse, or a qualified technician, chemist, or  831
phlebotomist of the person's own choosing administer a chemical  832
test or tests, at the person's expense, in addition to any  833
administered at the request of a law enforcement officer. If the  834
person was under arrest as described in division (A)(5) of  835
section 4511.191 of the Revised Code, the arresting officer  836
shall advise the person at the time of the arrest that the  837
person may have an independent chemical test taken at the  838
Sub. S. B. No. 55  Page 30
As Passed by the Senate
person's own expense. If the person was under arrest other than  839
described in division (A)(5) of section 4511.191 of the Revised  840
Code, the form to be read to the person to be tested, as  841
required under section 4511.192 of the Revised Code, shall state  842
that the person may have an independent test performed at the  843
person's expense. The failure or inability to obtain an  844
additional chemical test by a person shall not preclude the  845
admission of evidence relating to the chemical test or tests  846
taken at the request of a law enforcement officer.  847
       (4)(a) As used in divisions (D)(4)(b) and (c) of this  848
section, "national highway traffic safety administration" means  849
the national highway traffic safety administration established  850
as an administration of the United States department of  851
transportation under 96 Stat. 2415 (1983), 49 U.S.C.A. 105.  852
       (b) In any criminal prosecution or juvenile court  853
proceeding for a violation of division (A) or (B) of this  854
section, of a municipal ordinance relating to operating a  855
vehicle while under the influence of alcohol, a drug of abuse,  856
or alcohol and a drug of abuse, or of a municipal ordinance  857
relating to operating a vehicle with a prohibited concentration  858
of alcohol, a controlled substance, or a metabolite of a  859
controlled substance in the whole blood, blood serum or plasma,  860
breath, oral fluid, or urine, if a law enforcement officer has  861
administered a field sobriety test to the operator of the  862
vehicle involved in the violation and if it is shown by clear  863
and convincing evidence that the officer administered the test  864
in substantial compliance with the testing standards for any  865
reliable, credible, and generally accepted field sobriety tests  866
that were in effect at the time the tests were administered,  867
including, but not limited to, any testing standards then in  868
effect that were set by the national highway traffic safety  869
Sub. S. B. No. 55  Page 31
As Passed by the Senate
administration, all of the following apply:  870
       (i) The officer may testify concerning the results of the  871
field sobriety test so administered.  872
       (ii) The prosecution may introduce the results of the  873
field sobriety test so administered as evidence in any  874
proceedings in the criminal prosecution or juvenile court  875
proceeding.  876
       (iii) If testimony is presented or evidence is introduced  877
under division (D)(4)(b)(i) or (ii) of this section and if the  878
testimony or evidence is admissible under the Rules of Evidence,  879
the court shall admit the testimony or evidence and the trier of  880
fact shall give it whatever weight the trier of fact considers  881
to be appropriate.  882
       (c) Division (D)(4)(b) of this section does not limit or  883
preclude a court, in its determination of whether the arrest of  884
a person was supported by probable cause or its determination of  885
any other matter in a criminal prosecution or juvenile court  886
proceeding of a type described in that division, from  887
considering evidence or testimony that is not otherwise  888
disallowed by division (D)(4)(b) of this section.  889
       (5)(a) A trier of fact may infer that a person is under  890
the influence of marihuana in violation of division (A)(1)(a) of  891
this section if any of the following apply:  892
       (i) The person has a concentration of at least twenty-five  893
nanograms of tetrahydrocannabinol per milliliter of the person's  894
urine.  895
       (ii) The person has a concentration of at least two but  896
less than five nanograms of tetrahydrocannabinol per milliliter  897
of the person's whole blood.  898
Sub. S. B. No. 55  Page 32
As Passed by the Senate
       (iii) The person has a concentration of at least five  899
nanograms of tetrahydrocannabinol per milliliter of the person's  900
oral fluid.  901
       (b)(i) If the court admits any evidence or testimony  902
submitted by the prosecution under division (D)(1)(b) of this  903
section that demonstrates that a person had a concentration of  904
tetrahydrocannabinol that is within one of the levels specified  905
in division (D)(5)(a) of this section, the trier of fact may,  906
without expert testimony, infer that the person was under the  907
influence of marihuana in violation of division (A)(1)(a) of  908
this section.  909
       (ii) The inference that a person was under the influence  910
of marihuana in violation of division (A)(1)(a) of this section  911
may be supported or rebutted by either party with any evidence  912
or testimony that complies with the Rules of Evidence.  913
       (c) In determining whether a person was under the  914
influence of marihuana, the trier of fact shall consider all  915
relevant and competent evidence, including the inference, and  916
give the evidence whatever weight the trier of fact considers to  917
be appropriate.  918
       (E)(1) Subject to division (E)(3) of this section, in any  919
criminal prosecution or juvenile court proceeding for a  920
violation of division (A)(1)(b), (c), (d), (e), (f), (g), (h),  921
(i), or (j) or (B)(1), (2), (3), or (4) of this section or for  922
an equivalent offense that is substantially equivalent to any of  923
those divisions, a laboratory report from any laboratory  924
personnel issued a permit by the department of health  925
authorizing an analysis as described in this division that  926
contains an analysis of the whole blood, blood serum or plasma,  927
breath, urine, or other bodily substance tested and that  928
Sub. S. B. No. 55  Page 33
As Passed by the Senate
contains all of the information specified in this division shall  929
be admitted as prima-facie evidence of the information and  930
statements that the report contains. The laboratory report shall  931
contain all of the following:  932
       (a) The signature, under oath, of any person who performed  933
the analysis;  934
       (b) Any findings as to the identity and quantity of  935
alcohol, a drug of abuse, a controlled substance, a metabolite  936
of a controlled substance, or a combination of them that was  937
found;  938
       (c) A copy of a notarized statement by the laboratory  939
director or a designee of the director that contains the name of  940
each certified analyst or test performer involved with the  941
report, the analyst's or test performer's employment  942
relationship with the laboratory that issued the report, and a  943
notation that performing an analysis of the type involved is  944
part of the analyst's or test performer's regular duties;  945
       (d) An outline of the analyst's or test performer's  946
education, training, and experience in performing the type of  947
analysis involved and a certification that the laboratory  948
satisfies appropriate quality control standards in general and,  949
in this particular analysis, under rules of the department of  950
health.  951
       (2) Notwithstanding any other provision of law regarding  952
the admission of evidence, a report of the type described in  953
division (E)(1) of this section is not admissible against the  954
defendant to whom it pertains in any proceeding, other than a  955
preliminary hearing or a grand jury proceeding, unless the  956
prosecutor has served a copy of the report on the defendant's  957
Sub. S. B. No. 55  Page 34
As Passed by the Senate
attorney or, if the defendant has no attorney, on the defendant.  958
       (3) A report of the type described in division (E)(1) of  959
this section shall not be prima-facie evidence of the contents,  960
identity, or amount of any substance if, within seven days after  961
the defendant to whom the report pertains or the defendant's  962
attorney receives a copy of the report, the defendant or the  963
defendant's attorney demands the testimony of the person who  964
signed the report. The judge in the case may extend the seven-  965
day time limit in the interest of justice.  966
       (F) Except as otherwise provided in this division, any  967
physician, registered nurse, emergency medical technician-  968
intermediate, emergency medical technician-paramedic, or  969
qualified technician, chemist, or phlebotomist who withdraws  970
blood from a person pursuant to this section or section 4511.191  971
or 4511.192 of the Revised Code, and any hospital, first-aid  972
station, or clinic at which blood is withdrawn from a person  973
pursuant to this section or section 4511.191 or 4511.192 of the  974
Revised Code, is immune from criminal liability and civil  975
liability based upon a claim of assault and battery or any other  976
claim that is not a claim of malpractice, for any act performed  977
in withdrawing blood from the person. The immunity provided in  978
this division also extends to an emergency medical service  979
organization that employs an emergency medical technician-  980
intermediate or emergency medical technician-paramedic who  981
withdraws blood under this section. The immunity provided in  982
this division is not available to a person who withdraws blood  983
if the person engages in willful or wanton misconduct.  984
       As used in this division, "emergency medical technician-  985
intermediate" and "emergency medical technician-paramedic" have  986
the same meanings as in section 4765.01 of the Revised Code.  987
Sub. S. B. No. 55  Page 35
As Passed by the Senate
       (G)(1) Whoever violates any provision of divisions (A)(1)  988
(a) to (i) or (A)(2) of this section is guilty of operating a  989
vehicle under the influence of alcohol, a drug of abuse, or a  990
combination of them. Whoever violates division (A)(1)(j) of this  991
section is guilty of operating a vehicle while under the  992
influence of a listed controlled substance or a listed  993
metabolite of a controlled substance. The court shall sentence  994
the offender for either offense under Chapter 2929. of the  995
Revised Code, except as otherwise authorized or required by  996
divisions (G)(1)(a) to (e) of this section:  997
       (a) Except as otherwise provided in division (G)(1)(b),  998
(c), (d), or (e) of this section, the offender is guilty of a  999
misdemeanor of the first degree, and the court shall sentence  1000
the offender to all of the following:  1001
       (i) If the sentence is being imposed for a violation of  1002
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section,  1003
a mandatory jail term of three consecutive days. As used in this  1004
division, three consecutive days means seventy-two consecutive  1005
hours. The court may sentence an offender to both an  1006
intervention program and a jail term. The court may impose a  1007
jail term in addition to the three-day mandatory jail term or  1008
intervention program. However, in no case shall the cumulative  1009
jail term imposed for the offense exceed six months.  1010
       The court may suspend the execution of the three-day jail  1011
term under this division if the court, in lieu of that suspended  1012
term, places the offender under a community control sanction  1013
pursuant to section 2929.25 of the Revised Code and requires the  1014
offender to attend, for three consecutive days, a drivers'  1015
intervention program certified under section 5119.38 of the  1016
Revised Code. The court also may suspend the execution of any  1017
Sub. S. B. No. 55  Page 36
As Passed by the Senate
part of the three-day jail term under this division if it places  1018
the offender under a community control sanction pursuant to  1019
section 2929.25 of the Revised Code for part of the three days,  1020
requires the offender to attend for the suspended part of the  1021
term a drivers' intervention program so certified, and sentences  1022
the offender to a jail term equal to the remainder of the three  1023
consecutive days that the offender does not spend attending the  1024
program. The court may require the offender, as a condition of  1025
community control and in addition to the required attendance at  1026
a drivers' intervention program, to attend and satisfactorily  1027
complete any treatment or education programs that comply with  1028
the minimum standards adopted pursuant to Chapter 5119. of the  1029
Revised Code by the director of mental health and addiction  1030
services that the operators of the drivers' intervention program  1031
determine that the offender should attend and to report  1032
periodically to the court on the offender's progress in the  1033
programs. The court also may impose on the offender any other  1034
conditions of community control that it considers necessary.  1035
       If the court grants unlimited driving privileges to a  1036
first-time offender under section 4510.022 of the Revised Code,  1037
all penalties imposed upon the offender by the court under  1038
division (G)(1)(a)(i) of this section for the offense apply,  1039
except that the court shall suspend any mandatory or additional  1040
jail term imposed by the court under division (G)(1)(a)(i) of  1041
this section upon granting unlimited driving privileges in  1042
accordance with section 4510.022 of the Revised Code.  1043
       (ii) If the sentence is being imposed for a violation of  1044
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this  1045
section, except as otherwise provided in this division, a  1046
mandatory jail term of at least three consecutive days and a  1047
requirement that the offender attend, for three consecutive  1048
Sub. S. B. No. 55  Page 37
As Passed by the Senate
days, a drivers' intervention program that is certified pursuant  1049
to section 5119.38 of the Revised Code. As used in this  1050
division, three consecutive days means seventy-two consecutive  1051
hours. If the court determines that the offender is not  1052
conducive to treatment in a drivers' intervention program, if  1053
the offender refuses to attend a drivers' intervention program,  1054
or if the jail at which the offender is to serve the jail term  1055
imposed can provide a driver's intervention program, the court  1056
shall sentence the offender to a mandatory jail term of at least  1057
six consecutive days.  1058
       If the court grants unlimited driving privileges to a  1059
first-time offender under section 4510.022 of the Revised Code,  1060
all penalties imposed upon the offender by the court under  1061
division (G)(1)(a)(ii) of this section for the offense apply,  1062
except that the court shall suspend any mandatory or additional  1063
jail term imposed by the court under division (G)(1)(a)(ii) of  1064
this section upon granting unlimited driving privileges in  1065
accordance with section 4510.022 of the Revised Code.  1066
       The court may require the offender, under a community  1067
control sanction imposed under section 2929.25 of the Revised  1068
Code, to attend and satisfactorily complete any treatment or  1069
education programs that comply with the minimum standards  1070
adopted pursuant to Chapter 5119. of the Revised Code by the  1071
director of mental health and addiction services, in addition to  1072
the required attendance at drivers' intervention program, that  1073
the operators of the drivers' intervention program determine  1074
that the offender should attend and to report periodically to  1075
the court on the offender's progress in the programs. The court  1076
also may impose any other conditions of community control on the  1077
offender that it considers necessary.  1078
Sub. S. B. No. 55  Page 38
As Passed by the Senate
       (iii) In all cases, a fine of not less than five hundred  1079
sixty-five and not more than one thousand seventy-five dollars;  1080
       (iv) In all cases, a suspension of the offender's driver's  1081
or commercial driver's license or permit or nonresident  1082
operating privilege for a definite period of one to three years.  1083
The court may grant limited driving privileges relative to the  1084
suspension under sections 4510.021 and 4510.13 of the Revised  1085
Code. The court may grant unlimited driving privileges with an  1086
ignition interlock device relative to the suspension and may  1087
reduce the period of suspension as authorized under section  1088
4510.022 of the Revised Code.  1089
       (b) Except as otherwise provided in division (G)(1)(e) of  1090
this section, an offender who, within ten years of the offense,  1091
previously has been convicted of or pleaded guilty to one  1092
violation of division (A) of this section or one other  1093
equivalent offense is guilty of a misdemeanor of the first  1094
degree. The court shall sentence the offender to all of the  1095
following:  1096
       (i) If the sentence is being imposed for a violation of  1097
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section,  1098
a mandatory jail term of ten consecutive days. The court shall  1099
impose the ten-day mandatory jail term under this division  1100
unless, subject to division (G)(3) of this section, it instead  1101
imposes a sentence under that division consisting of both a jail  1102
term and a term of house arrest with electronic monitoring, with  1103
continuous alcohol monitoring, or with both electronic  1104
monitoring and continuous alcohol monitoring. The court may  1105
impose a jail term in addition to the ten-day mandatory jail  1106
term. The cumulative jail term imposed for the offense shall not  1107
exceed six months.  1108
Sub. S. B. No. 55  Page 39
As Passed by the Senate
       In addition to the jail term or the term of house arrest  1109
with electronic monitoring or continuous alcohol monitoring or  1110
both types of monitoring and jail term, the court shall require  1111
the offender to be assessed by a community addiction services  1112
provider that is authorized by section 5119.21 of the Revised  1113
Code, subject to division (I) of this section, and shall order  1114
the offender to follow the treatment recommendations of the  1115
services provider. The purpose of the assessment is to determine  1116
the degree of the offender's alcohol usage and to determine  1117
whether or not treatment is warranted. Upon the request of the  1118
court, the services provider shall submit the results of the  1119
assessment to the court, including all treatment recommendations  1120
and clinical diagnoses related to alcohol use.  1121
       (ii) If the sentence is being imposed for a violation of  1122
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this  1123
section, except as otherwise provided in this division, a  1124
mandatory jail term of twenty consecutive days. The court shall  1125
impose the twenty-day mandatory jail term under this division  1126
unless, subject to division (G)(3) of this section, it instead  1127
imposes a sentence under that division consisting of both a jail  1128
term and a term of house arrest with electronic monitoring, with  1129
continuous alcohol monitoring, or with both electronic  1130
monitoring and continuous alcohol monitoring. The court may  1131
impose a jail term in addition to the twenty-day mandatory jail  1132
term. The cumulative jail term imposed for the offense shall not  1133
exceed six months.  1134
       In addition to the jail term or the term of house arrest  1135
with electronic monitoring or continuous alcohol monitoring or  1136
both types of monitoring and jail term, the court shall require  1137
the offender to be assessed by a community addiction service  1138
provider that is authorized by section 5119.21 of the Revised  1139
Sub. S. B. No. 55  Page 40
As Passed by the Senate
Code, subject to division (I) of this section, and shall order  1140
the offender to follow the treatment recommendations of the  1141
services provider. The purpose of the assessment is to determine  1142
the degree of the offender's alcohol usage and to determine  1143
whether or not treatment is warranted. Upon the request of the  1144
court, the services provider shall submit the results of the  1145
assessment to the court, including all treatment recommendations  1146
and clinical diagnoses related to alcohol use.  1147
       (iii) In all cases, notwithstanding the fines set forth in  1148
Chapter 2929. of the Revised Code, a fine of not less than seven  1149
hundred fifteen and not more than one thousand six hundred  1150
twenty-five dollars;  1151
       (iv) In all cases, a suspension of the offender's driver's  1152
license, commercial driver's license, temporary instruction  1153
permit, probationary license, or nonresident operating privilege  1154
for a definite period of one to seven years. The court may grant  1155
limited driving privileges relative to the suspension under  1156
sections 4510.021 and 4510.13 of the Revised Code.  1157
       (v) In all cases, if the vehicle is registered in the  1158
offender's name, immobilization of the vehicle involved in the  1159
offense for ninety days in accordance with section 4503.233 of  1160
the Revised Code and impoundment of the license plates of that  1161
vehicle for ninety days.  1162
       (c) Except as otherwise provided in division (G)(1)(e) of  1163
this section, an offender who, within ten years of the offense,  1164
previously has been convicted of or pleaded guilty to two  1165
violations of division (A) of this section or other equivalent  1166
offenses is guilty of a misdemeanor. The court shall sentence  1167
the offender to all of the following:  1168
Sub. S. B. No. 55  Page 41
As Passed by the Senate
       (i) If the sentence is being imposed for a violation of  1169
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section,  1170
a mandatory jail term of thirty consecutive days. The court  1171
shall impose the thirty-day mandatory jail term under this  1172
division unless, subject to division (G)(3) of this section, it  1173
instead imposes a sentence under that division consisting of  1174
both a jail term and a term of house arrest with electronic  1175
monitoring, with continuous alcohol monitoring, or with both  1176
electronic monitoring and continuous alcohol monitoring. The  1177
court may impose a jail term in addition to the thirty-day  1178
mandatory jail term. Notwithstanding the jail terms set forth in  1179
sections 2929.21 to 2929.28 of the Revised Code, the additional  1180
jail term shall not exceed one year, and the cumulative jail  1181
term imposed for the offense shall not exceed one year.  1182
       (ii) If the sentence is being imposed for a violation of  1183
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this  1184
section, a mandatory jail term of sixty consecutive days. The  1185
court shall impose the sixty-day mandatory jail term under this  1186
division unless, subject to division (G)(3) of this section, it  1187
instead imposes a sentence under that division consisting of  1188
both a jail term and a term of house arrest with electronic  1189
monitoring, with continuous alcohol monitoring, or with both  1190
electronic monitoring and continuous alcohol monitoring. The  1191
court may impose a jail term in addition to the sixty-day  1192
mandatory jail term. Notwithstanding the jail terms set forth in  1193
sections 2929.21 to 2929.28 of the Revised Code, the additional  1194
jail term shall not exceed one year, and the cumulative jail  1195
term imposed for the offense shall not exceed one year.  1196
       (iii) In all cases, notwithstanding the fines set forth in  1197
Chapter 2929. of the Revised Code, a fine of not less than one  1198
thousand forty and not more than two thousand seven hundred  1199
Sub. S. B. No. 55  Page 42
As Passed by the Senate
fifty dollars;  1200
       (iv) In all cases, a suspension of the offender's driver's  1201
license, commercial driver's license, temporary instruction  1202
permit, probationary license, or nonresident operating privilege  1203
for a definite period of two to twelve years. The court may  1204
grant limited driving privileges relative to the suspension  1205
under sections 4510.021 and 4510.13 of the Revised Code.  1206
       (v) In all cases, if the vehicle is registered in the  1207
offender's name, criminal forfeiture of the vehicle involved in  1208
the offense in accordance with section 4503.234 of the Revised  1209
Code. Division (G)(6) of this section applies regarding any  1210
vehicle that is subject to an order of criminal forfeiture under  1211
this division.  1212
       (vi) In all cases, the court shall order the offender to  1213
participate with a community addiction services provider  1214
authorized by section 5119.21 of the Revised Code, subject to  1215
division (I) of this section, and shall order the offender to  1216
follow the treatment recommendations of the services provider.  1217
The operator of the services provider shall determine and assess  1218
the degree of the offender's alcohol dependency and shall make  1219
recommendations for treatment. Upon the request of the court,  1220
the services provider shall submit the results of the assessment  1221
to the court, including all treatment recommendations and  1222
clinical diagnoses related to alcohol use.  1223
       (d) Except as otherwise provided in division (G)(1)(e) of  1224
this section, an offender who, within ten years of the offense,  1225
previously has been convicted of or pleaded guilty to three or  1226
four violations of division (A) of this section or other  1227
equivalent offenses, an offender who, within twenty years of the  1228
offense, previously has been convicted of or pleaded guilty to  1229
Sub. S. B. No. 55  Page 43
As Passed by the Senate
five or more violations of that nature, or an offender who  1230
previously has been convicted of or pleaded guilty to a  1231
specification of the type described in section 2941.1413 of the  1232
Revised Code, is guilty of a felony of the fourth degree. The  1233
court shall sentence the offender to all of the following:  1234
       (i) If the sentence is being imposed for a violation of  1235
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section,  1236
a mandatory prison term of one, two, three, four, or five years  1237
as required by and in accordance with division (G)(2) of section  1238
2929.13 of the Revised Code if the offender also is convicted of  1239
or also pleads guilty to a specification of the type described  1240
in section 2941.1413 of the Revised Code or, in the discretion  1241
of the court, either a mandatory term of local incarceration of  1242
sixty consecutive days in accordance with division (G)(1) of  1243
section 2929.13 of the Revised Code or a mandatory prison term  1244
of sixty consecutive days in accordance with division (G)(2) of  1245
that section if the offender is not convicted of and does not  1246
plead guilty to a specification of that type. If the court  1247
imposes a mandatory term of local incarceration, it may impose a  1248
jail term in addition to the sixty-day mandatory term, the  1249
cumulative total of the mandatory term and the jail term for the  1250
offense shall not exceed one year, and, except as provided in  1251
division (A)(1) of section 2929.13 of the Revised Code, no  1252
prison term is authorized for the offense. If the court imposes  1253
a mandatory prison term, notwithstanding division (A)(4) of  1254
section 2929.14 of the Revised Code, it also may sentence the  1255
offender to a definite prison term that shall be not less than  1256
six months and not more than thirty months and the prison terms  1257
shall be imposed as described in division (G)(2) of section  1258
2929.13 of the Revised Code. If the court imposes a mandatory  1259
prison term or mandatory prison term and additional prison term,  1260
Sub. S. B. No. 55  Page 44
As Passed by the Senate
in addition to the term or terms so imposed, the court also may  1261
sentence the offender to a community control sanction for the  1262
offense, but the offender shall serve all of the prison terms so  1263
imposed prior to serving the community control sanction.  1264
       (ii) If the sentence is being imposed for a violation of  1265
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this  1266
section, a mandatory prison term of one, two, three, four, or  1267
five years as required by and in accordance with division (G)(2)  1268
of section 2929.13 of the Revised Code if the offender also is  1269
convicted of or also pleads guilty to a specification of the  1270
type described in section 2941.1413 of the Revised Code or, in  1271
the discretion of the court, either a mandatory term of local  1272
incarceration of one hundred twenty consecutive days in  1273
accordance with division (G)(1) of section 2929.13 of the  1274
Revised Code or a mandatory prison term of one hundred twenty  1275
consecutive days in accordance with division (G)(2) of that  1276
section if the offender is not convicted of and does not plead  1277
guilty to a specification of that type. If the court imposes a  1278
mandatory term of local incarceration, it may impose a jail term  1279
in addition to the one hundred twenty-day mandatory term, the  1280
cumulative total of the mandatory term and the jail term for the  1281
offense shall not exceed one year, and, except as provided in  1282
division (A)(1) of section 2929.13 of the Revised Code, no  1283
prison term is authorized for the offense. If the court imposes  1284
a mandatory prison term, notwithstanding division (A)(4) of  1285
section 2929.14 of the Revised Code, it also may sentence the  1286
offender to a definite prison term that shall be not less than  1287
six months and not more than thirty months and the prison terms  1288
shall be imposed as described in division (G)(2) of section  1289
2929.13 of the Revised Code. If the court imposes a mandatory  1290
prison term or mandatory prison term and additional prison term,  1291
Sub. S. B. No. 55  Page 45
As Passed by the Senate
in addition to the term or terms so imposed, the court also may  1292
sentence the offender to a community control sanction for the  1293
offense, but the offender shall serve all of the prison terms so  1294
imposed prior to serving the community control sanction.  1295
        (iii) In all cases, notwithstanding section 2929.18 of the  1296
Revised Code, a fine of not less than one thousand five hundred  1297
forty nor more than ten thousand five hundred dollars;  1298
        (iv) In all cases, a class two license suspension of the  1299
offender's driver's license, commercial driver's license,  1300
temporary instruction permit, probationary license, or  1301
nonresident operating privilege from the range specified in  1302
division (A)(2) of section 4510.02 of the Revised Code. The  1303
court may grant limited driving privileges relative to the  1304
suspension under sections 4510.021 and 4510.13 of the Revised  1305
Code.  1306
        (v) In all cases, if the vehicle is registered in the  1307
offender's name, criminal forfeiture of the vehicle involved in  1308
the offense in accordance with section 4503.234 of the Revised  1309
Code. Division (G)(6) of this section applies regarding any  1310
vehicle that is subject to an order of criminal forfeiture under  1311
this division.  1312
        (vi) In all cases, the court shall order the offender to  1313
participate with a community addiction services provider  1314
authorized by section 5119.21 of the Revised Code, subject to  1315
division (I) of this section, and shall order the offender to  1316
follow the treatment recommendations of the services provider.  1317
The operator of the services provider shall determine and assess  1318
the degree of the offender's alcohol dependency and shall make  1319
recommendations for treatment. Upon the request of the court,  1320
the services provider shall submit the results of the assessment  1321
Sub. S. B. No. 55  Page 46
As Passed by the Senate
to the court, including all treatment recommendations and  1322
clinical diagnoses related to alcohol use.  1323
       (vii) In all cases, if the court sentences the offender to  1324
a mandatory term of local incarceration, in addition to the  1325
mandatory term, the court, pursuant to section 2929.17 of the  1326
Revised Code, may impose a term of house arrest with electronic  1327
monitoring. The term shall not commence until after the offender  1328
has served the mandatory term of local incarceration.  1329
       (e) An offender who previously has been convicted of or  1330
pleaded guilty to a violation of division (A) of this section  1331
that was a felony, regardless of when the violation and the  1332
conviction or guilty plea occurred, is guilty of a felony of the  1333
third degree. The court shall sentence the offender to all of  1334
the following:  1335
       (i) If the offender is being sentenced for a violation of  1336
division (A)(1)(a), (b), (c), (d), (e), or (j) of this section,  1337
a mandatory prison term of one, two, three, four, or five years  1338
as required by and in accordance with division (G)(2) of section  1339
2929.13 of the Revised Code if the offender also is convicted of  1340
or also pleads guilty to a specification of the type described  1341
in section 2941.1413 of the Revised Code or a mandatory prison  1342
term of sixty consecutive days in accordance with division (G)  1343
(2) of section 2929.13 of the Revised Code if the offender is  1344
not convicted of and does not plead guilty to a specification of  1345
that type. The court may impose a prison term in addition to the  1346
mandatory prison term. The cumulative total of a sixty-day  1347
mandatory prison term and the additional prison term for the  1348
offense shall not exceed five years. In addition to the  1349
mandatory prison term or mandatory prison term and additional  1350
prison term the court imposes, the court also may sentence the  1351
Sub. S. B. No. 55  Page 47
As Passed by the Senate
offender to a community control sanction for the offense, but  1352
the offender shall serve all of the prison terms so imposed  1353
prior to serving the community control sanction.  1354
       (ii) If the sentence is being imposed for a violation of  1355
division (A)(1)(f), (g), (h), or (i) or division (A)(2) of this  1356
section, a mandatory prison term of one, two, three, four, or  1357
five years as required by and in accordance with division (G)(2)  1358
of section 2929.13 of the Revised Code if the offender also is  1359
convicted of or also pleads guilty to a specification of the  1360
type described in section 2941.1413 of the Revised Code or a  1361
mandatory prison term of one hundred twenty consecutive days in  1362
accordance with division (G)(2) of section 2929.13 of the  1363
Revised Code if the offender is not convicted of and does not  1364
plead guilty to a specification of that type. The court may  1365
impose a prison term in addition to the mandatory prison term.  1366
The cumulative total of a one hundred twenty-day mandatory  1367
prison term and the additional prison term for the offense shall  1368
not exceed five years. In addition to the mandatory prison term  1369
or mandatory prison term and additional prison term the court  1370
imposes, the court also may sentence the offender to a community  1371
control sanction for the offense, but the offender shall serve  1372
all of the prison terms so imposed prior to serving the  1373
community control sanction.  1374
       (iii) In all cases, notwithstanding section 2929.18 of the  1375
Revised Code, a fine of not less than one thousand five hundred  1376
forty nor more than ten thousand five hundred dollars;  1377
       (iv) In all cases, a class two license suspension of the  1378
offender's driver's license, commercial driver's license,  1379
temporary instruction permit, probationary license, or  1380
nonresident operating privilege from the range specified in  1381
Sub. S. B. No. 55  Page 48
As Passed by the Senate
division (A)(2) of section 4510.02 of the Revised Code. The  1382
court may grant limited driving privileges relative to the  1383
suspension under sections 4510.021 and 4510.13 of the Revised  1384
Code.  1385
        (v) In all cases, if the vehicle is registered in the  1386
offender's name, criminal forfeiture of the vehicle involved in  1387
the offense in accordance with section 4503.234 of the Revised  1388
Code. Division (G)(6) of this section applies regarding any  1389
vehicle that is subject to an order of criminal forfeiture under  1390
this division.  1391
        (vi) In all cases, the court shall order the offender to  1392
participate with a community addiction services provider  1393
authorized by section 5119.21 of the Revised Code, subject to  1394
division (I) of this section, and shall order the offender to  1395
follow the treatment recommendations of the services provider.  1396
The operator of the services provider shall determine and assess  1397
the degree of the offender's alcohol dependency and shall make  1398
recommendations for treatment. Upon the request of the court,  1399
the services provider shall submit the results of the assessment  1400
to the court, including all treatment recommendations and  1401
clinical diagnoses related to alcohol use.  1402
        (2) An offender who is convicted of or pleads guilty to a  1403
violation of division (A) of this section and who subsequently  1404
seeks reinstatement of the driver's or occupational driver's  1405
license or permit or nonresident operating privilege suspended  1406
under this section as a result of the conviction or guilty plea  1407
shall pay a reinstatement fee as provided in division (F)(2) of  1408
section 4511.191 of the Revised Code.  1409
        (3) If an offender is sentenced to a jail term under  1410
division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this  1411
Sub. S. B. No. 55  Page 49
As Passed by the Senate
section and if, within sixty days of sentencing of the offender,  1412
the court issues a written finding on the record that, due to  1413
the unavailability of space at the jail where the offender is  1414
required to serve the term, the offender will not be able to  1415
begin serving that term within the sixty-day period following  1416
the date of sentencing, the court may impose an alternative  1417
sentence under this division that includes a term of house  1418
arrest with electronic monitoring, with continuous alcohol  1419
monitoring, or with both electronic monitoring and continuous  1420
alcohol monitoring.  1421
       As an alternative to a mandatory jail term of ten  1422
consecutive days required by division (G)(1)(b)(i) of this  1423
section, the court, under this division, may sentence the  1424
offender to five consecutive days in jail and not less than  1425
eighteen consecutive days of house arrest with electronic  1426
monitoring, with continuous alcohol monitoring, or with both  1427
electronic monitoring and continuous alcohol monitoring. The  1428
cumulative total of the five consecutive days in jail and the  1429
period of house arrest with electronic monitoring, continuous  1430
alcohol monitoring, or both types of monitoring shall not exceed  1431
six months. The five consecutive days in jail do not have to be  1432
served prior to or consecutively to the period of house arrest.  1433
       As an alternative to the mandatory jail term of twenty  1434
consecutive days required by division (G)(1)(b)(ii) of this  1435
section, the court, under this division, may sentence the  1436
offender to ten consecutive days in jail and not less than  1437
thirty-six consecutive days of house arrest with electronic  1438
monitoring, with continuous alcohol monitoring, or with both  1439
electronic monitoring and continuous alcohol monitoring. The  1440
cumulative total of the ten consecutive days in jail and the  1441
period of house arrest with electronic monitoring, continuous  1442
Sub. S. B. No. 55  Page 50
As Passed by the Senate
alcohol monitoring, or both types of monitoring shall not exceed  1443
six months. The ten consecutive days in jail do not have to be  1444
served prior to or consecutively to the period of house arrest.  1445
       As an alternative to a mandatory jail term of thirty  1446
consecutive days required by division (G)(1)(c)(i) of this  1447
section, the court, under this division, may sentence the  1448
offender to fifteen consecutive days in jail and not less than  1449
fifty-five consecutive days of house arrest with electronic  1450
monitoring, with continuous alcohol monitoring, or with both  1451
electronic monitoring and continuous alcohol monitoring. The  1452
cumulative total of the fifteen consecutive days in jail and the  1453
period of house arrest with electronic monitoring, continuous  1454
alcohol monitoring, or both types of monitoring shall not exceed  1455
one year. The fifteen consecutive days in jail do not have to be  1456
served prior to or consecutively to the period of house arrest.  1457
       As an alternative to the mandatory jail term of sixty  1458
consecutive days required by division (G)(1)(c)(ii) of this  1459
section, the court, under this division, may sentence the  1460
offender to thirty consecutive days in jail and not less than  1461
one hundred ten consecutive days of house arrest with electronic  1462
monitoring, with continuous alcohol monitoring, or with both  1463
electronic monitoring and continuous alcohol monitoring. The  1464
cumulative total of the thirty consecutive days in jail and the  1465
period of house arrest with electronic monitoring, continuous  1466
alcohol monitoring, or both types of monitoring shall not exceed  1467
one year. The thirty consecutive days in jail do not have to be  1468
served prior to or consecutively to the period of house arrest.  1469
       (4) If an offender's driver's or occupational driver's  1470
license or permit or nonresident operating privilege is  1471
suspended under division (G) of this section and if section  1472
Sub. S. B. No. 55  Page 51
As Passed by the Senate
4510.13 of the Revised Code permits the court to grant limited  1473
driving privileges, the court may grant the limited driving  1474
privileges in accordance with that section. If division (A)(7)  1475
of that section requires that the court impose as a condition of  1476
the privileges that the offender must display on the vehicle  1477
that is driven subject to the privileges restricted license  1478
plates that are issued under section 4503.231 of the Revised  1479
Code, except as provided in division (B) of that section, the  1480
court shall impose that condition as one of the conditions of  1481
the limited driving privileges granted to the offender, except  1482
as provided in division (B) of section 4503.231 of the Revised  1483
Code.  1484
        (5) Fines imposed under this section for a violation of  1485
division (A) of this section shall be distributed as follows:  1486
        (a) Twenty-five dollars of the fine imposed under division  1487
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under  1488
division (G)(1)(b)(iii), one hundred twenty-three dollars of the  1489
fine imposed under division (G)(1)(c)(iii), and two hundred ten  1490
dollars of the fine imposed under division (G)(1)(d)(iii) or (e)  1491
(iii) of this section shall be paid to an enforcement and  1492
education fund established by the legislative authority of the  1493
law enforcement agency in this state that primarily was  1494
responsible for the arrest of the offender, as determined by the  1495
court that imposes the fine. The agency shall use this share to  1496
pay only those costs it incurs in enforcing this section or a  1497
municipal OVI ordinance and in informing the public of the laws  1498
governing the operation of a vehicle while under the influence  1499
of alcohol, the dangers of the operation of a vehicle under the  1500
influence of alcohol, and other information relating to the  1501
operation of a vehicle under the influence of alcohol and the  1502
consumption of alcoholic beverages.  1503
Sub. S. B. No. 55  Page 52
As Passed by the Senate
       (b) Fifty dollars of the fine imposed under division (G)  1504
(1)(a)(iii) of this section shall be paid to the political  1505
subdivision that pays the cost of housing the offender during  1506
the offender's term of incarceration. If the offender is being  1507
sentenced for a violation of division (A)(1)(a), (b), (c), (d),  1508
(e), or (j) of this section and was confined as a result of the  1509
offense prior to being sentenced for the offense but is not  1510
sentenced to a term of incarceration, the fifty dollars shall be  1511
paid to the political subdivision that paid the cost of housing  1512
the offender during that period of confinement. The political  1513
subdivision shall use the share under this division to pay or  1514
reimburse incarceration or treatment costs it incurs in housing  1515
or providing drug and alcohol treatment to persons who violate  1516
this section or a municipal OVI ordinance, costs of any  1517
immobilizing or disabling device used on the offender's vehicle,  1518
and costs of electronic house arrest equipment needed for  1519
persons who violate this section.  1520
       (c) Twenty-five dollars of the fine imposed under division  1521
(G)(1)(a)(iii) and fifty dollars of the fine imposed under  1522
division (G)(1)(b)(iii) of this section shall be deposited into  1523
the county or municipal indigent drivers' alcohol treatment fund  1524
under the control of that court, as created by the county or  1525
municipal corporation under division (H) of section 4511.191 of  1526
the Revised Code.  1527
       (d) One hundred fifteen dollars of the fine imposed under  1528
division (G)(1)(b)(iii), two hundred seventy-seven dollars of  1529
the fine imposed under division (G)(1)(c)(iii), and four hundred  1530
forty dollars of the fine imposed under division (G)(1)(d)(iii)  1531
or (e)(iii) of this section shall be paid to the political  1532
subdivision that pays the cost of housing the offender during  1533
the offender's term of incarceration. The political subdivision  1534
Sub. S. B. No. 55  Page 53
As Passed by the Senate
shall use this share to pay or reimburse incarceration or  1535
treatment costs it incurs in housing or providing drug and  1536
alcohol treatment to persons who violate this section or a  1537
municipal OVI ordinance, costs for any immobilizing or disabling  1538
device used on the offender's vehicle, and costs of electronic  1539
house arrest equipment needed for persons who violate this  1540
section.  1541
       (e) One hundred twenty-five dollars of the fine imposed  1542
under divisions (G)(1)(a)(iii), (G)(1)(b)(iii), (G)(1)(c)(iii),  1543
(G)(1)(d)(iii), and (G)(1)(e)(iii) of this section shall be  1544
deposited into the special projects fund of the court in which  1545
the offender was convicted and that is established under  1546
division (E)(1) of section 2303.201, division (B)(1) of section  1547
1901.26, or division (B)(1) of section 1907.24 of the Revised  1548
Code, to be used exclusively to cover the cost of immobilizing  1549
or disabling devices, including certified ignition interlock  1550
devices, and remote alcohol monitoring devices for indigent  1551
offenders who are required by a judge to use either of these  1552
devices. If the court in which the offender was convicted does  1553
not have a special projects fund that is established under  1554
division (E)(1) of section 2303.201, division (B)(1) of section  1555
1901.26, or division (B)(1) of section 1907.24 of the Revised  1556
Code, the one hundred twenty-five dollars shall be deposited  1557
into the indigent drivers interlock and alcohol monitoring fund  1558
under division (I) of section 4511.191 of the Revised Code.  1559
       (f) Seventy-five dollars of the fine imposed under  1560
division (G)(1)(a)(iii), one hundred twenty-five dollars of the  1561
fine imposed under division (G)(1)(b)(iii), two hundred fifty  1562
dollars of the fine imposed under division (G)(1)(c)(iii), and  1563
five hundred dollars of the fine imposed under division (G)(1)  1564
(d)(iii) or (e)(iii) of this section shall be transmitted to the  1565
Sub. S. B. No. 55  Page 54
As Passed by the Senate
treasurer of state for deposit into the indigent defense support  1566
fund established under section 120.08 of the Revised Code.  1567
       (g) One hundred fifteen dollars shall be credited to the  1568
statewide treatment and prevention fund created by section  1569
4301.30 of the Revised Code. Money credited to the fund under  1570
this section shall be used for purposes identified under section  1571
5119.22 of the Revised Code.  1572
       (h) The balance of the fine imposed under division (G)(1)  1573
(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this  1574
section shall be disbursed as otherwise provided by law.  1575
       (6) If title to a motor vehicle that is subject to an  1576
order of criminal forfeiture under division (G)(1)(c), (d), or  1577
(e) of this section is assigned or transferred and division (B)  1578
(2) or (3) of section 4503.234 of the Revised Code applies, in  1579
addition to or independent of any other penalty established by  1580
law, the court may fine the offender the value of the vehicle as  1581
determined by publications of the national automobile dealers  1582
association. The proceeds of any fine so imposed shall be  1583
distributed in accordance with division (C)(2) of that section.  1584
       (7) In all cases in which an offender is sentenced under  1585
division (G) of this section, the offender shall provide the  1586
court with proof of financial responsibility as defined in  1587
section 4509.01 of the Revised Code. If the offender fails to  1588
provide that proof of financial responsibility, the court, in  1589
addition to any other penalties provided by law, may order  1590
restitution pursuant to section 2929.18 or 2929.28 of the  1591
Revised Code in an amount not exceeding five thousand dollars  1592
for any economic loss arising from an accident or collision that  1593
was the direct and proximate result of the offender's operation  1594
of the vehicle before, during, or after committing the offense  1595
Sub. S. B. No. 55  Page 55
As Passed by the Senate
for which the offender is sentenced under division (G) of this  1596
section.  1597
        (8) A court may order an offender to reimburse a law  1598
enforcement agency for any costs incurred by the agency with  1599
respect to a chemical test or tests administered to the offender  1600
if all of the following apply:  1601
        (a) The offender is convicted of or pleads guilty to a  1602
violation of division (A) of this section.  1603
        (b) The test or tests were of the offender's whole blood,  1604
blood serum or plasma, oral fluid, or urine.  1605
        (c) The test or tests indicated that the offender had one  1606
of the following at the time of the offense:  1607
        (i) A prohibited concentration of a controlled substance  1608
or a metabolite of a controlled substance in the offender's  1609
whole blood, blood serum or plasma, or urine;  1610
        (ii) A drug of abuse or a metabolite of a drug of abuse in  1611
the offender's oral fluid.  1612
        (9) A court may warn any person who is convicted of or who  1613
pleads guilty to a violation of division (A) of this section or  1614
an equivalent offense that a subsequent violation of this  1615
section or an equivalent offense that results in the death of  1616
another or the unlawful termination of another's pregnancy may  1617
result in the person being guilty of aggravated vehicular  1618
homicide under section 2903.06 of the Revised Code. The court  1619
may warn the person of the applicable penalties for that  1620
violation under sections 2903.06 and 2929.142 of the Revised  1621
Code.  1622
        (10) As used in division (G) of this section, "electronic  1623
Sub. S. B. No. 55  Page 56
As Passed by the Senate
monitoring," "mandatory prison term," and "mandatory term of  1624
local incarceration" have the same meanings as in section  1625
2929.01 of the Revised Code.  1626
       (H) Whoever violates division (B) of this section is  1627
guilty of operating a vehicle after underage alcohol consumption  1628
and shall be punished as follows:  1629
       (1) Except as otherwise provided in division (H)(2) of  1630
this section, the offender is guilty of a misdemeanor of the  1631
fourth degree. In addition to any other sanction imposed for the  1632
offense, the court shall impose a class six suspension of the  1633
offender's driver's license, commercial driver's license,  1634
temporary instruction permit, probationary license, or  1635
nonresident operating privilege from the range specified in  1636
division (A)(6) of section 4510.02 of the Revised Code. The  1637
court may grant limited driving privileges relative to the  1638
suspension under sections 4510.021 and 4510.13 of the Revised  1639
Code. The court may grant unlimited driving privileges with an  1640
ignition interlock device relative to the suspension and may  1641
reduce the period of suspension as authorized under section  1642
4510.022 of the Revised Code. If the court grants unlimited  1643
driving privileges under section 4510.022 of the Revised Code,  1644
the court shall suspend any jail term imposed under division (H)  1645
(1) of this section as required under that section.  1646
       (2) If, within one year of the offense, the offender  1647
previously has been convicted of or pleaded guilty to one or  1648
more violations of division (A) of this section or other  1649
equivalent offenses, the offender is guilty of a misdemeanor of  1650
the third degree. In addition to any other sanction imposed for  1651
the offense, the court shall impose a class four suspension of  1652
the offender's driver's license, commercial driver's license,  1653
Sub. S. B. No. 55  Page 57
As Passed by the Senate
temporary instruction permit, probationary license, or  1654
nonresident operating privilege from the range specified in  1655
division (A)(4) of section 4510.02 of the Revised Code. The  1656
court may grant limited driving privileges relative to the  1657
suspension under sections 4510.021 and 4510.13 of the Revised  1658
Code.  1659
        (3) The offender shall provide the court with proof of  1660
financial responsibility as defined in section 4509.01 of the  1661
Revised Code. If the offender fails to provide that proof of  1662
financial responsibility, then, in addition to any other  1663
penalties provided by law, the court may order restitution  1664
pursuant to section 2929.28 of the Revised Code in an amount not  1665
exceeding five thousand dollars for any economic loss arising  1666
from an accident or collision that was the direct and proximate  1667
result of the offender's operation of the vehicle before,  1668
during, or after committing the violation of division (B) of  1669
this section.  1670
        (I)(1) No court shall sentence an offender to an alcohol  1671
treatment program under this section unless the treatment  1672
program complies with the minimum standards for alcohol  1673
treatment programs adopted under Chapter 5119. of the Revised  1674
Code by the director of mental health and addiction services.  1675
        (2) An offender who stays in a drivers' intervention  1676
program or in an alcohol treatment program under an order issued  1677
under this section shall pay the cost of the stay in the  1678
program. However, if the court determines that an offender who  1679
stays in an alcohol treatment program under an order issued  1680
under this section is unable to pay the cost of the stay in the  1681
program, the court may order that the cost be paid from the  1682
court's indigent drivers' alcohol treatment fund.  1683
Sub. S. B. No. 55  Page 58
As Passed by the Senate
       (J) If a person whose driver's or commercial driver's  1684
license or permit or nonresident operating privilege is  1685
suspended under this section files an appeal regarding any  1686
aspect of the person's trial or sentence, the appeal itself does  1687
not stay the operation of the suspension.  1688
       (K) Division (A)(1)(j) of this section does not apply to a  1689
person who operates a vehicle, streetcar, or trackless trolley  1690
while the person has a concentration of a listed controlled  1691
substance or a listed metabolite of a controlled substance in  1692
the person's whole blood, blood serum or plasma, or urine that  1693
equals or exceeds the amount specified in that division, if both  1694
of the following apply:  1695
       (1) The person obtained the controlled substance pursuant  1696
to a prescription issued by a licensed health professional  1697
authorized to prescribe drugs.  1698
       (2) The person injected, ingested, or inhaled the  1699
controlled substance in accordance with the health  1700
professional's directions.  1701
       (L) The prohibited concentrations of a controlled  1702
substance or a metabolite of a controlled substance listed in  1703
division (A)(1)(j) of this section also apply in a prosecution  1704
of a violation of division (D) of section 2923.16 of the Revised  1705
Code in the same manner as if the offender is being prosecuted  1706
for a prohibited concentration of alcohol.  1707
       (M) All terms defined in section 4510.01 of the Revised  1708
Code apply to this section. If the meaning of a term defined in  1709
section 4510.01 of the Revised Code conflicts with the meaning  1710
of the same term as defined in section 4501.01 or 4511.01 of the  1711
Revised Code, the term as defined in section 4510.01 of the  1712
Sub. S. B. No. 55  Page 59
As Passed by the Senate
Revised Code applies to this section.  1713
       (N)(1) The Ohio Traffic Rules in effect on January 1,  1714
2004, as adopted by the supreme court under authority of section  1715
2937.46 of the Revised Code, do not apply to felony violations  1716
of this section. Subject to division (N)(2) of this section, the  1717
Rules of Criminal Procedure apply to felony violations of this  1718
section.  1719
       (2) If, on or after January 1, 2004, the supreme court  1720
modifies the Ohio Traffic Rules to provide procedures to govern  1721
felony violations of this section, the modified rules shall  1722
apply to felony violations of this section.  1723
       Section 2. That existing sections 1547.11, 3701.143,  1724
4511.181, and 4511.19 of the Revised Code are hereby repealed.  1725
       Section 3. The General Assembly, applying the principle  1726
stated in division (B) of section 1.52 of the Revised Code that  1727
amendments are to be harmonized and reconciled if reasonably  1728
capable of simultaneous operation, finds that the following  1729
sections, presented in this act as composites of the sections as  1730
amended by the acts indicated, are the resulting versions of the  1731
sections in effect prior to the effective date of the sections  1732
as presented in this act:  1733
       Section 3701.143 of the Revised Code as amended by both  1734
H.B. 37 and S.B. 100 of the 135th General Assembly.  1735
       Section 4511.19 of the Revised Code as amended by both  1736
H.B. 37 and S.B. 100 of the 135th General Assembly.  1737