061-90 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO'.nH .~~=-~~m. Passed. ------- ..19..nnu
AN ORDINANCE TO AMEND CERTAIN
SECTIONS IN THE CODIFIED ORDINANCES
PERTAINING TO DRIVING UNDER THE
INFLUENCE TO COMPLY WITH CURRENT
STATE LAW, AND DECLARING AN
EMERGENCY
WHEREAS, the State General Assembly through Am. Sub Bill 131, effective
July 25, 1990, has substantially revised and strengthened State law relative
to driving under the inflence; and
WHEREAS, ordinances which are enacted as an exercise of the municipality's
police powers are required to be in conformity with general State law; and
WHEREAS, concern within this municipality for the harmful effects of driving
under the influence compel Council to amend the Codified Ordinances to
reflect the new State DUI law;
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 6 of the elected members concurring:
-
Section 1. That Section 303.99(a)(4)(5)(6) of the Codified Ordinances is
hereby amended to read as follows:
(4) Driving under the influence. Shoever violates Section 333.01(a)
in Ohio R.C. 4507.16 shall be punished as provided in sub-
paragraph A., B. , C. or D. below:
A. If, within five years of the offense, the offender has not
been convicted of or pleasded guilty to a violation of
Ohio R.C. 4511.19, of a municipal ordinance relating
to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of a\use,
of a municipal ordinance relating to operating a vehicle
with a prohibited concentration of alcohol in the blood, bre ath
or urine, or of Ohio R.C. 2903.06 or 2903.07 or a municipal
ordinance that is substantially similar to Ohio R.C. 2903.07
in a case in which the jury or judge found that the offender
was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, the offender is guilty of a
misdemeanor of the first degree and the court shall
sentence the offender to a term of imprisonment of three
consecutive days and may sentence the offender pursuant
to Section 303.99(b) hereof to a longer term of imprison-
ment. In addition, the court shall impose upon .the offender
a fine of not less than two hundred dollars ($200.00)
and not more than one thousand dollars ($1,000).
The court may suspend the execution of the mandatory three
consecutive days of imprisonment that it is required to
impose by this subparagraph, if the court, in lieu of the
suspended term of imprisonment places the offender on
probation and requires the offender to attend for three
consecutive days, a drivers' intervention program that is
certified pursuant to Ohio R.C. 3793.10. The court
may also suspend the execution of any part of the mandatory
three consecutive days of imprisonment that it is
required to impose by this subparagraph, if the court
places the offender on probation for part of the three
consecutive days; requires the offender to attend, for that
part of the three consecutive days, a drivers' intervention
program that is certified pursuant to Ohio R.C. 3793.10;
and sentences the offender to a term of imprisonment equal
to the remainder of the three consecutive days that the
offender does not spend attending the drivers' intervention
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program. The court may require the offender, as a condition
of probation, to attend and satisfactorily complete any
treatment or education programs that comply with the
minimum standards adopted pursuant to Ohio R.C. Chapter 3793
by the State Director of Alcohol and Drug Addiction
Services, in addition to the required attendance at a
drivers' intervention program, that the operators of the
drivers' intervention program determine that the offender
should attend and to report periodically to the court on
his progress in the programs. The court also may impose
any other conditions of probation on the offender that it
considers necessary.
Of the fine imposed pursuant to this subparagraph, twenty-
five dollars ($25.00) shall be paid to the law enforcement
agency that primarily was responsible for the arrest of the
offender, as determined by the court that imposes the fine.
This share shall be used by the agency to pay only those
costs it incurs in enforcing Ohio R.C. 4511.19 or a
substantially similar municipal ordinance and in informing
the public of the laws governing operation of a motor
vehicle while under the influence of alcohol, the dangers
of operation of a motor vehicle while under the influence
of alcohol, and other information relating to the operation
of a motor vehicle and the consumption of alcoholic
beverages. Twenty-five dollars ($25.00) of the fine imposed
pursuant to this subparagraph shall be deposited into the
indigent dirvers alcohol treatment account of that court,
created by the County or Municipality pursuant to Ohio
R.C. 4511. 191(M) . The balance of the fine sha 11 be
disbursed as otherwise provided by law.
B. If, within five years of the offense, the offender has been
convicted of our pleaded guilty to a violation of Ohio R.C.
4511.19, of a municipal ordinance relating to operating a
vehicle while under the inflence of alcohol, a drug of
abuse, or alcohol and a drug of abuse, of a municipal
ordinance relating to oeprating a vehicle with a
prohibited concentration of alcohol in the blood, breath
or urine, or of Ohio R.C. 2903.06 or 2903.07 or a municipal
ordinance that is substantially similar to Ohio R.C. 2903.07
in a case in which the jury or judge found that the
offender was under the influence of alcohol, a drug of
abuse, or alcohol and a drug of abuse, the offender is
guilty of a misdemeanor of the first degree and, except as
provided in this subparagraph, the court shall sentence
the offender to a term of imprisonment of ten consecutive
days and may sentence the offender pursuant to Section
303.99(b) hereof to a longer term of imprisonment. As an
alternative to the term of imprisonment required to be
" imposed by this subparagraph, but subject to subparagraph
H. hereof, the court may sentence the offender to a term
of imprisonment of five consecutive days followed
immediately by not less than eighteen consecutive days of
electronically monitored house arrest as defined in Ohio
R.C. 2929.23(A)(3). The five consecutive days of
imprisonment and the period of electronically monitored
house arrest shall not exceed six months. In addition, the
court shall impose upon the offender a fine of not less
than three hundred dollars ($300.00) and not more than
one thousand five hundred dollars ($1,500). In addit ion
to any other sentence that it imposes upon the offender,
the court may require the offender to attend a drivers'
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intervention program that is certified pursuant to Ohio
R.C. 3793.10. If the officials of the drivers' intervention
program determine that the offender is alcohol dependent,
they shall notify the court, and the court shall order the
offender to obtain treatment through an alcohol and drug
addiction program authorized by Ohio R.C. 3793.02. The
cost of the treatment shall be paid by the offender.
Of the fine imposed pursuant to this subparagraph, thirty-
five dollars ($35.00) shall be paid to the law enforcement
agency that primarily was responsible for the arrest of
the offender, as determined by the court that impose the
fine. This share shall be used by the agency to pay only
those costs it incurs in enforcing Ohio R.C. 4511.19 or a
substantially similar municipal ordinance and in informing
the public of the laws governing operation of a motor
vehicle while under the influence of alcohol, the dangers
of operation of a motor vehicle while under the influence
of alcohol, and other information relating to the operation
of a motor vehicle and the consumption of alcoholic
beverages. Sixty-five dollars ($65.00) of the fine imposed
pursuant to this subparagraph shall be paid to the
political subdivision responsible for housing the offender
during his term of incarceration. This share shall be used
by the political subdivision responsible for housing the off nder
during his term of incarceration. This share shall be used
by the political subdivision to pay incarceration costs it
incurs in housing persons who violate Ohio R.C. 4511. 19
or a substantially similar municipal ordinance and to pay
for ignition interlock devices and electronic house
arrest equipment for persons who violate that section.
Fifty dollars ($50.00) of the fine imposed pursuant to this
subparagraph shall be deposited into the indigent drivers
alcohol treatment account of that court, created by the
County or Municipality pursuant to Ohio R.C. 4511.19(M) .
The balance of the fine sha 11 be disbursed as otherwise
provided by law.
C. If, within five years of the offense, the offender has been
convicted of or pleaded guilty to two violations of Ohio
R.C. 4511.19, of a municipal ordinance relating to operating
a vehicle while under the influence of alcohol, a drug of
abuse, or alcohol and a drug of abuse, of a municipal
ordinance relating to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath or urine, or
of Ohio R.C. 2903.06 or 2903.07 or a municipal ordinance
that is substantially similar to Ohio R.C. 2903.07 in a
case in which the jury or judge found that the offender
was under the infleunce of alcohol, a drug of abuse, or
alcohol and a drug of abuse, except as provided in this
subparagraph, the court shall sentence the offender to a
term of imprisonment of thirty consecutive days and may
sentence the offender to a longer definite term of
imprisonment of not more than one year. As an alternative
to the term of imprisonment required to be imposed by this
subparagraph but subject to subparagraph H, hereof, the court
may sentence the offender to a term of imprisonment of
fifteen consecutive days followed immediately by not less
than fifty-five consecutive days of electronically
monitored house arrest as defined in Ohio R.C. 2929.23(A)(3).
The fifteen consecutive days of imprisonment and the period c f
electronically monitored house arrest shall not exceed one
year. In addition, the court shall impose upon the
offender a fine of not less than five hundred dollars
($500.00) and not more than twenty-five hundred dollars
($2,500.00).
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In addition to any other sentence that it imposes upon the
offender, the court shall require the offender to attend an
alcohol and drug addiction program authorized by Ohio R.C.
3793.02. The cost of the treatment shall be paid by the
offender. If the court determines that the offender is
unable to pay the cost of his attendance at the treatment
program, the court may order that payment of the cost of
the offender's attendance at the treatment program be
made from that court's indigent drivers alcohol treatment
account.
Of the fine imposed pursuant to this subparagraph, one
hundred twenty-three dollars ($123.00) shall be paid to the
law enforcement agency that primarily was responsible for
the arrest of the offender, as determined by the court that
imposes the fine. This share shall be used by the agency to
pay only those costs it incurs in enforcing Ohio R.C. 4511. 19
or a substantially similar municipal ordinance and in
informing the public of the laws governing operation of a
motor vehicle while under the influence of alcohol, the
dangers of operation of a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of
alcoholic beverages. Two hundred twenty-seven dollars
($227.00) of the fine imposed pursuant to this subparagraph
shall be paid to the political subdivision responsible for
housing the offender during his term of incarceration. This
share shall be used by the political subdivision to pay
incarceration costs it incurs in housing persons who violate
Ohio R.C. 4511.19 or a substantially similar municipal
ordinance and to pay for ignit ion interlock devices and
electronic house arrest equipment for persons who violate
that section. The balance of the fine shall be disbursed as
otherwise provided by law.
D. If, within five years of the offense, the offender has been
convicted of or pleaded guilty to three or more violations 0
Ohio R.C. 4511.19, of a municipal ordinance relating to
operating a vehicle while under the influence of alcohol, a
drug of abuse or alcohol and a drug of abuse, of a municipal
ordinance relating to operating a vehicle with a prohibited
concentration of alcohol in the blood, breath or urine, or 0
Ohio R.C. 2903.06 or 2903.07 or a municipal ordinance that
is substantially similar to Ohio R.C. 2903.07 in a case in
which the jury or judge found that the offender was under
the influence of alcohol, a drug of abuse or alcohol and a
drug of abuse, the court sha 11 sentence the offender to a
term of imprisonment of sixty consecutive days and may
sentence the offender to a longer definite term of
imprisonment of not more than one year. In addition, the
court shall impose upon the offender a fine of not less than
seven hundred fifty dollars ($750.00) nor more than ten
thousand dollars ($10,000).
In addition to any other sentence that it imposes upon the
offender, the court sha 11 require the person to attend an
alcohol and drug addiction program authorized by Ohio R.C.
3793.02. The cost of the treatment shall be paid by the
offender. If the court determines that the offender is
unable to pay the cost of his attendance at the treatment
program, the court may order that payment of the cost of
the offender's attendance at the treatment program be
made from the court's indigent drivers alcohol treatment
account.
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RECORD OF ORDINANCES
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- Of the fi ne imposed pursuant to this subparagraph,
two
hundred ten dollars ($210.00) shall be paid to the law
~ enforcement agency that was primarily responsible for the
arrest of the offender, as determined by the court that
imposes the fine. This share shall be used by the agency to
pay only those costs it incurs in enforcing Ohio R.C. 4511.19
or a substantially similar municipal ordinance and in
informing the public of the laws governing operation of a
motor vehicle while under the influence of alcohol, the
dangers of operation of a motor vehicle while under the
influence of alcohol, and other information relating to the
operation of a motor vehicle and the consumption of
alcoholic beverages. Three hundred ninety dollars ($390.00)
of the fine imposed pursuant to this subparagraph shall be
paid to the political subdivision responsible for housing th=
offender during his term of incarceration. This share sha 11
be used by the political subdivision to pay incarceration
costs it incurs in housing persons who violate Ohio R.C.
4511.19 or a substantially similar municipal ordinance and tJ
pay for ignition interlock devices and electronic house
arrest equipment for persons who violate that section. The
balance of the fine sha 11 be disbursed as otherwise provided
by law.
E. 1. Except as provided in subparagraph E.2. hereof, upon a
;!I!f'
showing that imprisonment would seriously affect the
ability of an offender sentenced pursuant to
iIi!il<,', ,"" subparagraphs A. to D. hereof to continue his
employment, the court may authorize that the offender
be granted work release from imprisonment after the
offender has served the three, ten, thirty or sixty
consecutive days of imprisonment that the court is
required by subparagraphs A. to D. hereof to impose.
No court shall authorize work release from imprisonment
during the three, ten, thirty or sixty consecutive days
of imprisonment that the court is required by sub-
paragraphs A. to D. hereof to impose. The duration of
the work release shall not exceed the time necessary
each day for the offender to commute to and from the
place of employment and the place of imprisonment and
the time actually spent under employment.
2. An offender who is sentenced pursuant to subparagraph
B. or c. hereof to a term of imprisonment followed
by a period of electronically monitored house arrest
is not eligible for work release from imprisonment,
but that person shall be permitted work release during
the period of electronically monitored house arrest.
The duration of the work release shall not exceed the
time necessary each day for the offender to commute to
'f>" and from the place of employment and his home or other
place specified by the sentencing court and the time
~;' actually spent under employment.
F. Notwithstanding any section of the Ohio Revised Code or this
Traffic Code that authorizes suspension of the imposition
or execution of a sentence or the placement of an offender
in any treatment program in lieu of imprisonment, no court
shall suspend the ten, thirty or sixty consecutive days
of imprisonment required to be imposed by subparagraphs B.
to D. hereof or place an offender who is sentenced pursuant
to subparagraphs B. to D. hereof in any treatment program
in lieu of imprisonment until after the offender has served
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the ten, thirty or sixty consecutive days of imprisonment
required to be imposed pursuant to subparagraphs B. to D.
hereof, and no court that imposes a sentence of imprison-
ment and a period of electronically monitored house arrest
upon an offender under subparagraph B. or C. hereof shall
suspend any portion of the sentence or place the offender
in any treatment program in lieu of imprisonment or
electronically monitored house arrest.
Notwithstanding any section of the Ohio Revised Code or this
Traffic Code that authorizes the suspension of the
imposition or execution of a sentence or the placement of
an offender in any treatment program in lieu of imprison-
ment, no court, except as specifically authorized by
subparagraph A. hereof, shall suspend the three consecutive
days of imprisonment required to be imposed by subparagraph
A. hereof or place an offender who is sentenced pursuant
to subparagraph A. hereof in any treatment program in lieu
of imprisonment until after the offender has served the
three consecutive days of imprisonment required to be
imposed pursuant to subparagraph A. hereof.
G. No court shall sentence an offender to an alcohol treatment
program pursuant to subparagraph A. to D. hereof unless the
treatment program complies with the minimum standards
adopted pursuant to Ohio R.C. Chapter 3793 by the State
Director of Alcohol and Drug Addiction Services.
H. No court sha 11 impose the alternative sentence of a term of
imprisonment of five consecutive days followed immediately
by not less than eighteen consecutive days of electronically
monitored house arrest permitted to be imposed by subparagrafh
B. hereof, or the alternative sentence of a term of imprison
ment of fifteen consecutive days followed immediately by not
less than fifty-five consecutive days of electronically
monitored house arrest permitted to be imposed pursuant to
subparagraph C. hereof, unless both of the following
conditions apply:
1. The offense for which the offender is sentenced occurs
prior to July 1, 1993;
2. Within sixty days of the date of sentencing, the court
issues a written finding, entered into the record, that
due to the unavailability of space at the incarceration
facility where the offender is required to serve the
term of imprisonment imposec upon him, the offender
will not be able to commence serving his term of
imprisonment within the sixty-day period following the
date of sentencing. If the court issues such a finding,
the court may impose the alternative sentence
comprised of or including electronically monitored
~. house arrest permitted to be imposed by subparagraph
B. or C. hereof.
(ORC 4511.99)
1. As used in this section, "three consecutive days" means
seventy-two consecutive hours. (ORC 4511.99)
(5) Physical control: drag racing. Whoever violates Section 333.01(d),
(e) or 333.07 is guilty of a misdemeanor of the first degree.
(ORC 4511.99(
(6) Licensing.
A. Whoever violates Section 335.0(a)(1) or (3) by operating a
motor vehicle when his driver's or commercial driver's
license has been expired for no more than six months is
guilty of a minor misdemeanor.
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B. 1. Whoever violates Section 335.07(c)(2) is guilty of a
misdemeanor of the first degree on a first offense. The
court shall sentence the offender to a term of imprison-
ment of not less than three consecutive days and may
sentence the offender pursuant to Section 303.99(b)
hereof to a longer term of imprisonment. As an
alternative to the term of imprisonment required to
be imposed by this paragraph, but subject to subparagrapl
B.6. hereof, the court may sentence the off enter to
a term of not less than thirty consecutive days of
electronically monitored house arrest as defined in
Ohio R.C. 2929.23(A)(3) . The period of electronically
monitored house arrest shall not exceed six months. In
addition, the court shall impose upon the offender a
fine of not less than two hundred fifty dollars ($250.00)
and not more than one thousand dollars ($1,000), and
the court shall suspend for a period not to exceed one
year the driver's or commercial driver's license or
permit or nonresident operating privilege of the
offender.
2. On a second offense within five years of the first
offense, the offender is guilty of a misdemeanor. The
court shall sentence the offender to a term of
imprisonment of not less than ten consecutive days
and may sentence the offender to a longer definite
term of imprisonment of not more than one year. As
an alternative to the term of imprisonment required to
be imposed by this paragraph, but subject to sub-
paragraph B.6. hereof, the court may sentence the
offender to a term of not less than ninety consecutive
days of electronically monitored house arrest as
defined in Ohio R.C. 2929.23(A)(3) . The period of
electronically monitored house arrest shall not exceed
one year. In addit ion, the court shall impose upon the
offender a fine of not less than five hundred dollars
($500.00) and not more than two thousand five hundred
dollars ($2,500), and the court shall suspend for a
period not to exceed one year the driver's or
commercial driver's license or permit or nonresident
operating privilege of the offender.
3. On a third or subsequent offense within five years of
the first offense, the offender is guilty of a
misdemeanor. The court shall sentence the offender
to a term of imprisonment of not less than thirty
consecutive days and may sentence the offender to a
longer definite term or imprisonment of not more than
one year. As an alternative to the term of imprison-
ment required to be imposed by this subparagraph, but
~.. subject to subparagraph B.6. hereof, the court may
sentence the offender to a term of imprisonment of
fifteen consecutive days followed immediately by not less
than fifty-five consecutive days of electronically
monitored house arrest as defined in Ohio R.C. 2929.23
(A)(3). The fifteen consecutive days of imprisonment
and the period of electronically monitored house arrest
shall not exceed one year. In addition, the court shall
impose upon the offender a fine of not less than five
hundred dollars ($500.00) and not more than two
thousand five hundred dollars ($2,500), and the court
shall suspend for a period not to exceed one year the
driver's or commercial driver's license or permit or
nonresident operating privilege of the offender.
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4. Fifty percent (5010 ) of any fine imposed by a court
under subparagraph B. hereof shall be deposited into
the indigent drivers alcohol treatment account of that
court, created by the County or the municipality
pursuant to Ohio R.C. 4511.191(M) .
5. In addition, the court shall, in addition to or
independent of all other penalties provided by law,
order the immobilization of the vehicle that the
offender was operating at the time of the violation.
The period of immobilization ordered by a court under
this paragraph shall be as follows:
a. If the offender has not been convicted of or
pleaded guilty to a violation of Section 335.07(c)
(2) or Ohio R.C. 4507.02(D)(2), the period of
immobilization shall be for thirty days;
b. If the offender has been convicted of or pleaded
guilty to one violation of Section 335.07(c)(2) or
Ohio R.C. 4507 .02(D)(2), the period of immobiliza-
tion shall be for sixty days;
c. If the offender has been convicted of or pleaded
guilty to two or more violations of Section
335.07(c)(2) or Ohio R.C. 4507 .02(D)(2), the
period of immobilization shall be for ninety days.
Any vehicle ordered immobilized under this subparagraph
shall be immobilized at the residence of the owner of
the vehicle or at the location where the owner regularly
parks the vehicle.
6. No court shall impose the alternative sentence of not
less than thirty consecutive days of electronically
monitored house arrest permitted to be imposed by
subparagraph B.l. hereof, the alternative sentence of
a term of not less than ninety consecutive days of
electronically monitored house arrest permitted to be
imposed by subparagraph B.2. hereof, or the alternative
sentence of a term of imprisonment of fifteen
consecutive days followed immediately by not less than
fifty-five consecutive days of electronically monitored
house arrest permitted to be imposed purtuant to sub-
paragraph B.3. hereof, unless both of the following
conditions apply:
a. The offense for which the offender is sentenced
occurs prior to July 1, 1993;
b. Within sixty days of the date of sentencing, the
court issues a written finding, entered into the
record, that, due to the unavailability of space
at the incarceration facility where the offender
is required to serve the term of imprisonment
imposed upon him, the offender will not be able to
begin serving his term of imprisonment within the
sixty-day period following the date of sentencing.
If the court issues such a finding, the court may
impose the alternative sentence comprised of or
including electronically monitored house arrest
permitted to be imposed by subparagraph B.l., 2.
or 3. hereof.
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7. An offender sentenced under this section to a period of
electronically monitored house arrest shall be permitted
work release during such period. The duration of the
work release shall not exceed the time necessary each
day for the offender to commute to and from the place
of employment and his home or other place specified by
the sentencing court and the time actually spent under
employment. (ORC 4507.99)
C. Except as provided in subparagraphs A. and B. above whoever
violates any provision of Section 335.01 to 335.07 is guilty
of a misdemeanor of the first degree.
(ORC 4507.99; ORC 4511.99)
D. Whoever violates Section 335.08 is guilty of a misdemeanor
of the second degree.
E. Whoever violates Section 335.09(b) or 335.11 is guilty of a
misdemeanor of the fourth degree on a first offense; on
each subsequent offense such person is guilty of a
misdemeanor of the third degree.
(ORC 4549.99)
Section 2. That Section 333.01 of the Codified Ordinances is hereby amended
to read as follows:
333.01 Driving or Physical Control While Under the Influence; Evidence.
(a) Operation Generally. No person shall operate any vehicle within
the Municipality, if any of the following apply:
(1) The person is under the influence of alcohol, a drug of
abuse, or alcohol and a drug of abuse.
(2) The person has a concentration of ten-hundredths of one
percent (0.1010) or more by weight of alcohol in his blood;
(3) The person has a concentration of ten-hundredths (0.10) of
one gram or more by weight of alcohol per 210 liters of his
breath;
(4) The person has a concentration of fourteen-hundredths (0.14)
of one gram or more by weight of alcohol per 100 milliliters
of his urine. (ORC 4511.19)
(b) Operation by Minors. No person under eighteen years of age shall
operate any vehicle within this Municipality, if any of the
following apply:
(1) The person has a concentration of at least two-hundredths of
one percent (0.02%) but less than ten-hundredths of one
percent (0.10%) by weight of alcohol in his blood;
(2) The person has a concentration of at least two-hundredths
i (0.02) of one gram but less than ten-hundredths (0.10) of one
gram by weight of alcohol per 210 liters of his breath;
(3) The person has a concentration of at least twenty-eight One-
thousandths (0.028) of one gram but less than fourteen-
hundredths (0.14) of one gram be weight of alcohol in his
urine.
(c) One Conviction Limitation. In any proceeding arising out of one
incident, a person may be charged with a violation of subsection
(a)(l) hereof and a violation of subsection (b)(l), (2) or (3)
hereof, but he may not be convicted of more than one violation of
these subsections.
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( d) Physical Control Generally. No person shall be in actual physical
control of any vehicle within the Municipality, if any of the
following apply:
(1) The person is under the influence of alcohol, a drug of abuse,
or alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of one per-
cent (0.10%) or more by weight of alcohol in his blood;
(3) The person has a concentration of ten-hundredths (0.10) of
one gram or more by weight of alcohol per 210 liters of his
breath;
(4) The person has a concentration of fourteen-hundredths (0.14)
of one gram or more by weight of alcohol per 100 milliliters
of his urine.
(e) Physical Control by Minors. No person under eighteen years of age
shall be in actual physical control of any vehicle within this
Municipal ity, if any of the following apply:
(1) The person has a concentration of at least two-hundredths of
one percent (0.02%) but less than ten-hundredths of one
percent (0.10%) by weight of alcohol in his blood;
(2) The person has a concentration of at least two-hundredths
(0.02) of one gram but less than ten-hundredths (0.10) of one
gram be weight of alcohol per 210 liters of his breath;
(3) The person has a concentration of at least twenty-eight
one-thousandths (0.028) of one gram but less than fourteen-
hundredths (0.14) of one gram by weight of alcohol in his
urine.
(f) Evidence: Tests: Immunity. In any criminal prosecution for a
violation of this section, the court may admit evidence on the
concentration of alcohol, drugs of abuse, or alcohol and drugs of
abuse in the defendant's blood, breath, urine or other bodily
substance at the time of the alleged violation as shown by
chemical analysis of the defendant's blood, urine, breath or other
bodily substance withdrawn within two hours of the time of the
alleged violation.
When a person submits to a blood test at the request of a police
officer under Ohio R.C. 4511.191, only a physician, a registered
nurse or a qualified technician or chemist shall withdraw blood
for the purpose of determining its alcohol, drug, or alcohol and
drug content. This limitation does not apply to the taking of
breath or urine specimens. A physician, a registered nurse or a
qualified technician or chemist may refuse to withdraw blood for
the purpose of determining the alcohol, drug, or alcohol and drug
content of the blood, if in his opinion the physical welfare of
the person would be endangered by the withdrawing of blood.
Such bodily substance shall be analyzed in accordance with methods
approved by the Ohio Director of Health by an individual possessin
a valid permit issued by the Director of Health pursuant to Ohio
R.C. 3701.143.
If there was at the time the bodily substance was withdrawn a
concentration of less than ten-hundredths of one percent
(0.10%) by weight of alcohol in the defendant's blood, less than
ten-hundredths (0.10) of one gram by weight of alcohol per 210
liters of his breath or less than fourteen-hundredths (0.14) of
one gram by weight of alcohol per 100 milliliters of his urine,
such fact may be considered with other competent evidence in
determining the guilt or innocence of the defendant.
I
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. n6J.-c:9.Q Passed mm m.m . mm_.U'" umnmmn19
Page Eleven
Upon the request of the person who was tested, the results of
the chemical test shall be made available to him, his attorney
or agent, immediately upon the completion of the chemical test
analysis.
The person tested may have a physician, a registered nurse or a
qualified technician or chemist of his own choosing administer
a chemical teste or tests in addition to any administered at the
request of a police officer, and shall be so advised. The failure
or inability to obtain an additional chemical test by a person
shall not preclude the admission of evidence relating to the
chemical test or tests taken at the request of a police officer.
Any physician, registered nurse or qualified technician or chemist
who withdraws blood from a person pursuant to this section, and
any hospital, first-aid station or clinic at which blood is
withdrawn from a person pursuant to this section, is immune from
criminal liability, and from civil liability that is based upon
a claim of assault and battery or based upon any other claim that s
not in the nature of a claim of malpractice, for any act performed
in withdrawing blood from a person.
(ORC 4511. 19)
Section 3. That Section 335.07 is hereby amended to read as follows:
335.07 DRIVING UNDER SUSPENSION, REVOCATION OR RESTRICTION
(a) (1) No person whose driver's or commercial driver's license or
permit or nonresident's operating privilege has been
suspended or revoked pursuant to Ohio R.C. Chapter 4509,
shall operate any motor vehicle within this Municipality, or
knowingly permit any motor vehicle owned by him to be
operated by another person in the Municipality, during the
period of the suspension or revocation, except as specificall
authorized by Ohio R.C. Chapter 4509.
(2) No person shall operate any motor vehicle upon a street or
highway or any public or private property used by the public
for purposes of behicular travel or parking in this
Municipality in violation of any restriction of the person's
driver's or commercial driver's license imposed under Ohio
R.C. 4506.10(D) or 4507.14.
(b) No person, whose driver's or commercial driver's license or
permit has been suspended pursuant to Ohio R.C. 4511.191 or
Ohio R.C. 4507.16(B) , shall operate any motor vehicle within
this Municipality until he has paid the license reinstatement
fee required pursuant to Ohio R.C. 4511.191(J) and the license
or permit has been returned to the person.
(c) (1) No person, whose driver's or commercial driver's license or
permit or nonresident operating privilege has been suspended
or revoked under any provision of the Ohio Revised Code
other than Ohio R.C. Chapter 4509 or under any applicable
law in any other jurisdiction in which the person's license
or permit was issued, shall operate any motor vehicle upon
the highways or streets within this Municipality during the
period of the suspension or within one year after the date
of the revocation. No person who is granted occupational
driving privileges by any court shall operate any motor
vehicle upon the highways or streets in this Municipality
except in accordance with the terms of the privileges.
I
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. ..6.1.__9.Q...... Passed ...... - ---------- ..19....
Page Twelve
(2) No person, whose driver's or commercial driver's license or
permit or nonresident operating privilege has been suspended
under Ohio R.C. 4507.16(B), shall operate any motor
vehicle upon the highways or streets within this Municipality
during the period of suspension. No person who is granted
occupational driving privileges by any court shall operate
any motor vehicle upon the highways or streets in this
Municipality except in accordance with the terms of those
privileges.
(ORC 4507.02)
(d) No person whose driver's or commercial driver's license or permit
or nonresident operating privilege has been suspended under Ohio
R.C. 4511.191 shall operate a vehicle upon the highways or
streets within this Municipality.
(ORC 4511.192)
(e) It is an affirmative defense to any prosecution brought pursuant
to subsections (a) to (d) hereof that the alleged offender drove
under suspension or in violation of a restriction because of a
substantial emergency, provided that no other person was
reasonably available to drive in response to the emergency.
Section 4. That former Section 303.99(a)(4)(5)(6), 333.01 and 335.07 are
hereby repealed.
Section 5. That this Ordinance is declared to be an emergency so as to
enable the City to enforce the new State DUI and for the immediate
preservation of the public health, safety and welfare and shall be
effective on July 25, 1990.
Passed this 16th day of July , 1990.
//"}
~ / ~r~/
~r - pre~Officer
Attest:
/J
JA.Ikc4;7~ t(#~
Clerk of ourtcll
Sponsor: Law Director I.hereby ce~i~ that copies of this Ordinante!Rl!~6!!:II;ulI were posted in tIle
City of Dublm In accordance with Section 731.25 of fhe Ohio Revised Code.
/)
~~<J ~'?:~~ ,_u .',..
... tf Council, Dublin, Ohio