33-17 Amend Sec 333.01 Driving or Physical Control while Under the Influence

Home Browse Search

operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02. (ORC 4511.194) (k) Compliance With Ohio R.C. Chanter 37-9 -3 5112 Standards (1) No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under Ohio R.C. Chapter 4793 5119 by the Di- rector of Alcohol and -Drug Mental Health and Addiction Services. (2) An offender who stays in a driver's intervention program or in an alcohol treatment program under an order issued under this section shall pay the cost of the stay in the program. However, if the court determines that an offender who stays in an alcohol treatment program under an or -der issued under this section is unable to pay the cost of the stay in the program, the court may order that the cost be paid from the court's indigent drivers' alcohol treatment fund. (1) Appeal Does Not Stay Operation of License Suspension. If a person whose driver's or commercial driver's license or permit or nonresident operating privilege is suspended under this section files an appeal regarding any aspect of the person's trial or sentence, the appeal itself does not stay the operation of the suspension. (in) Subsection (a)(I)F of this section does not apply to a person who operates a vehicle while the person has a concentration of a listed controlled substance or a listed metabolite of a controlled substance in the person's whole blood, blood serum or plasma, or mine that equals or exceeds the amount specified in that subsection, if both of the following apply: (1) The person obtained the controlled substance pursuant to a prescription is- sued by a licensed health professional authorized to prescribe drugs. (2) The person injected, ingested, or inhaled the controlled substance in ac- cordance with the health professional's directions. (n) The prohibited concentrations of a controlled substance or a metabolite of a controlled substance listed in subsection (a)(I )F. of this section also apply in a pros- ecution of a violation of Ohio R.C. 2923.16(D) in the same manner as if the offender is being prosecuted for a prohibited concentration of alcohol. (o) Conflict of Terms. All terms defined in Ohio R.C. 4510.01 apply to this section. If the meaning of a term defined in Ohio R.0 . 4510.01 conflicts with the meaning of the same term as defined in Ohio R.C. 4501.01 or this Traffic Code, the term as defined in Ohio R.C. 4510.01 applies to this section. (ORC 4511.19) (p) Indigent Drivers Alcohol Treatment Fund. Twenty-five dollars ($25.00) of any fine imposed for a violation of subsection (a) hereof shall be deposited into the municipal or county indigent drive3rs alcohol treatment fiend pursuant to Ohio R.C. 4511.193. (ORC 4511.193) (q) Definitions. As used in this section: (1) "Equivalent offense" means any of the following: A. A violation of division (A) or (B) of Ohio R.C. 4511.19; B. A violation of a municipal OVI ordinance; C. A violation of Ohio R.C. 2903.04 in a case in which the offender was sub- ject to the sanctions described in division (D) of that section; D. A violation of division (A)(1) of Ohio R.C. 2903.06 or 2903.08 or a munic- ipal ordinance that is substantially equivalent to either of those divisions; E. A violation of division (A)(2), (3) or (4) of Ohio R.C. 2903.06, division (A)(2) of Ohio R.C. 2903.08, or former Ohio R.C. 2903.07, or a municipal ordinance that is substantially equivalent to any of those divisions or that former section, in a case in which a judge orjury as the trier of fact found that the offender was tinder the influence of alcohol, a drug of abuse, or a combination of them; F. A violation of division (A) or (B) of Ohio R.C. 1547.11; G. A violation of a municipal ordinance prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane or similar device on the waters of this State while under the influence