2006 Ohio Revised Code - [4511.18.1] 4511.181.Definitions.

[§ 4511.18.1] § 4511.181. Definitions.
 

As used in sections 4511.181 to 4511.197 of the Revised Code: 

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

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

(2) A violation of a municipal OVI ordinance; 

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

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

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

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

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

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

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

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

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

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

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

HISTORY: 149 v S 123, § 1, eff. 1-1-04; 149 v H 490, § 1, eff. 1-1-04; 151 v S 8, § 1, eff. 8-17-06.
 

The effective date is set by section 4 of H.B. 490. 

Not analogous to former RC § 4511.181 (132 v S 37), repealed 134 v H 511, § 2, eff 1-1-74.

See provisions, § 5 of S.B. 123 (149 v  - ), following RC § 4501.01. 

This section concerned homicide by vehicle in the first degree. See RC §§ 2903.06 and 2903.07 concerning vehicular homicide. 

 

Effect of Amendments

151 v S 8, effective August 17, 2006, in (C), inserted "a controlled substance, or a metabolite of a controlled substance"; and added (E). 

H.B. 490, Acts 2002, effective January 1, 2004, substituted "sections 2929.21 to 2929.28" for "section 2929.51, 2951.02" in (B)(2). 
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