SB 55: Ohio OVI Law – Vessels and Vehicles

Overview:

This briefing document outlines the main themes and important provisions within the provided excerpts of Ohio Senate Bill 55. The bill proposes to amend sections of the Ohio Revised Code concerning the operation of vessels and vehicles while under the influence of alcohol, drugs of abuse, or controlled substances. It establishes specific prohibited concentrations of these substances in a person’s blood, breath, urine, or oral fluid and outlines procedures for testing, evidence admissibility, and penalties for violations. Significantly, SB 55 introduces parallel language and concentration thresholds for Operating a Vehicle Impaired (OVI) to the existing laws regarding Operating a Watercraft Impaired (OWI).

Main Themes and Important Ideas/Facts:

1. Establishment of Prohibited Substance Concentrations for Watercraft Operation:

• SB 55 explicitly defines prohibited levels of alcohol in whole blood, blood serum or plasma, urine, and breath for operating or being in physical control of a vessel underway or manipulating water skis/similar devices. These thresholds mirror existing OVI laws:
• Whole blood: “eight-hundredths of one per cent or more by weight of alcohol per unit volume”
• Blood serum or plasma: “ninety-six-thousandths of one per cent or more by weight per unit volume of alcohol”
• Urine: “eleven-hundredths of one gram or more by weight of alcohol per one hundred milliliters”
• Breath: “eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters”
• The bill also establishes specific prohibited concentration levels for various controlled substances and their metabolites in urine, whole blood, blood serum, or plasma for watercraft operation. These include:
• Amphetamine: minimum levels specified.
• Cocaine: minimum levels specified.
• Cocaine metabolite: minimum levels specified.
• Heroin: minimum levels specified.
• Heroin metabolite (6-monoacetyl morphine): minimum levels specified.
• L.S.D.: minimum levels specified.
• Marihuana (delta-9-tetrahydrocannibinol): minimum levels specified.
• Marihuana metabolite: minimum levels specified with gas chromatography mass spectrometry.
• Methamphetamine: minimum levels specified.
• Phencyclidine: minimum levels specified.
• Salvia divinorum and Salvinorin A: concentrations to be specified by the state board of pharmacy rule.
• These specific drug concentration levels create “per se” offenses, meaning that exceeding these levels is itself a violation, regardless of demonstrated impairment.

1. Admissibility of Chemical Test Evidence:

• The bill outlines the conditions under which chemical test results (blood, oral fluid, or urine) obtained at a health care provider are admissible in OWI proceedings, requiring “expert testimony to be considered with any other relevant and competent evidence.”
• Evidence of alcohol, drugs of abuse, controlled substances, or their metabolites in bodily substances collected within three hours of the alleged violation is admissible in OWI cases. This three-hour limit does not extend the two-hour consent window for chemical tests under Section 1547.111.
• Only qualified medical professionals or technicians are authorized to withdraw blood for testing.
• Bodily substances must be analyzed using methods approved by the director of health by individuals with valid permits.
• Evidence admitted under these provisions is subject to the Rules of Evidence, including rules on expert testimony.

1. Field Sobriety Tests for Watercraft Operation:

• In OWI cases, if a law enforcement officer administered a field sobriety test in “substantial compliance with the testing standards for reliable, credible, and generally accepted field sobriety tests for vehicles” that are “not clearly inapplicable regarding the operation or physical control of vessels underway,” the results of these tests are admissible. The court will determine the appropriate weight to give this evidence.

1. Inference of Marihuana Influence:

• SB 55 allows a trier of fact to infer that a person was under the influence of marihuana in an OWI case if specific concentrations of delta-9-tetrahydrocannibinol are present in urine (“at least twenty-five nanograms per milliliter”) or whole blood (“at least two but less than five nanograms per milliliter”).
• If the prosecution presents evidence of these marihuana concentrations, the trier of fact “may, without expert testimony, infer that the person was under the influence of marihuana.” This inference can be supported or rebutted by other admissible evidence.

1. Reporting and Admissibility of Test Results:

• The results of chemical tests must be made available to the tested person or their attorney immediately upon completion.
• Individuals tested under these provisions have the right to an additional independent chemical test at their own expense and must be so advised. Failure to obtain an independent test does not preclude the admissibility of the initial test results.
• Reports of chemical analyses are generally not admissible against a defendant in proceedings other than preliminary hearings or grand jury proceedings unless the prosecutor has provided a copy of the report to the defendant or their attorney.

1. Immunity for Medical Professionals:

• Medical professionals and facilities withdrawing blood under these sections are granted immunity from criminal and civil liability (excluding malpractice claims) for acts performed during the withdrawal, provided they do not engage in willful or wanton misconduct.

1. Exceptions for Prescribed Controlled Substances:

• The prohibited concentration limits for controlled substances do not apply if the person obtained the substance via a valid prescription and used it according to the prescriber’s directions. This exception applies to both watercraft and vehicle operation.

1. Reference to Vehicle OVI Laws:

• SB 55 introduces amendments to sections of the Ohio Revised Code related to Operating a Vehicle Impaired (OVI) that largely mirror the changes proposed for OWI. This includes establishing similar prohibited concentration levels for alcohol and controlled substances in various bodily substances for vehicle operation.
• The bill incorporates definitions from existing vehicle OVI laws, such as “equivalent offense” and the meaning of “operate” a vehicle.
• The penalties for violating vehicle OVI laws are detailed, including mandatory jail terms, fines, driver’s license suspensions, vehicle immobilization/forfeiture, and potential requirements for intervention programs. These penalties are tiered based on the number of prior OVI convictions within specific timeframes.

1. Director of Health Responsibilities:

• The Director of Health is responsible for determining and approving techniques and methods for chemical analysis of bodily substances to ascertain the presence and amount of alcohol, drugs of abuse, controlled substances, or their metabolites for both OWI and OVI purposes. The director also issues permits to qualified individuals to perform these analyses.

Key Quotes:

• (Sec. 1547.11 (A)(1)): “No person shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waters in this state if, at the time of the operation, control, or manipulation, any of the following applies: (1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.”
• (Sec. 1547.11 (A)(2)): “The person has a concentration of eight-hundredths of one per cent or more by weight of alcohol per unit volume in the person’s whole blood.”
• (Sec. 1547.11 (A)(6)): “Except as provided in division (H)(I) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds any of the following: (a) The person has a concentration of amphetamine in the person’s urine of at least five hundred nanograms of amphetamine per milliliter of the person’s urine or has a concentration of amphetamine in the person’s whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person’s whole blood or blood serum or plasma.” (Example of specific drug threshold)
• (Sec. 1547.11 (D)(1)(b)): “In any criminal prosecution or juvenile court proceeding for a violation of division (A) or (B) of this section or for an equivalent offense that is watercraft-related, the court may admit evidence on the presence and concentration of alcohol, drugs of abuse, controlled substances, metabolites of a controlled substance, or a combination of them in the defendant’s or child’s whole blood, blood serum or plasma, urine, oral fluid, or breath at the time of the alleged violation as shown by chemical analysis of the substance withdrawn, or specimen taken within three hours of the time of the alleged violation.”
• (Sec. 4511.19 (A)(1)(a)): “No person shall operate any vehicle, streetcar, or trackless trolley within this state if, at the time of the operation, any of the following apply: (a) The person is under the influence of alcohol, a drug of abuse, or a combination of them.” (Mirrored language for vehicle operation)
• (Sec. 4511.19 (A)(1)(b)): “The person has a concentration of eight-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.” (Mirrored alcohol threshold for vehicle operation)
• (Sec. 4511.19 (A)(1)(j)): “Except as provided in division (K) of this section, the person has a concentration of any of the following controlled substances or metabolites of a controlled substance in the person’s whole blood, blood serum or plasma, or urine that equals or exceeds any of the following: (i) The person has a concentration of amphetamine in the person’s urine of at least five hundred nanograms of amphetamine per milliliter of the person’s urine or has a concentration of amphetamine in the person’s whole blood or blood serum or plasma of at least one hundred nanograms of amphetamine per milliliter of the person’s whole blood or blood serum or plasma.” (Mirrored specific drug threshold for vehicle operation)

Potential Implications:

• Increased Consistency: The bill aims to create greater consistency between laws governing impaired operation of watercraft and vehicles, particularly regarding prohibited substance concentrations and testing procedures.
• Enhanced Enforcement: Establishing specific drug concentration thresholds may facilitate the prosecution of individuals operating watercraft under the influence of drugs.
• Admissibility Challenges: The introduction of specific scientific thresholds and the reliance on expert testimony may lead to legal challenges regarding the accuracy and reliability of testing methods and the interpretation of results.
• Public Awareness: The changes may necessitate increased public awareness campaigns regarding the legal limits for alcohol and drugs while operating watercraft.
• Resource Allocation: Law enforcement and testing facilities may need to adapt to the new requirements for drug testing in OWI cases.

This briefing document provides a preliminary overview of the key aspects of Ohio Senate Bill 55 based on the provided excerpts. Further analysis of the complete bill and its potential impact may be necessary.