Ohio Code 4506.15 – Prohibited acts
(A) No person who holds a commercial driver‘s license or commercial driver’s license temporary instruction permit or who operates a motor vehicle for which a commercial driver’s license or permit is required shall do any of the following:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 4506.15
- Alcohol concentration: means the concentration of alcohol in a person's blood, breath, or urine. See Ohio Code 4506.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- commercial motor vehicle: means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:
(1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-six thousand one pounds or more;
(3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver;
(4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver;
(5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C. See Ohio Code 4506.01
- Controlled substance: means all of the following:
(1) Any substance classified as a controlled substance under the "Controlled Substances Act" 80 Stat. See Ohio Code 4506.01
- Drive: means to drive, operate, or be in physical control of a motor vehicle. See Ohio Code 4506.01
- Driver: means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license. See Ohio Code 4506.01
- Fatality: means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of death. See Ohio Code 4506.01
- Felony: means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this state, regardless of the penalty that may be imposed. See Ohio Code 4506.01
- Motor vehicle: means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. See Ohio Code 4506.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- State: means a state of the United States and includes the District of Columbia. See Ohio Code 4506.01
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) Drive a commercial motor vehicle while having a measurable or detectable amount of alcohol or of a controlled substance in the person’s blood, breath, or urine;
(2) Drive a commercial motor vehicle while having an alcohol concentration of four-hundredths of one per cent or more by whole blood or breath;
(3) Drive a commercial motor vehicle while having an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma;
(4) Drive a commercial motor vehicle while having an alcohol concentration of fifty-six-thousandths of one per cent or more by urine;
(5) Drive a motor vehicle while under the influence of a controlled substance;
(6) Drive a motor vehicle in violation of section 4511.19 of the Revised Code or a municipal OVI ordinance as defined in section 4511.181 of the Revised Code;
(7) Use a motor vehicle in the commission of a felony;
(8) Refuse to submit to a test under section 4506.17 or 4511.191 of the Revised Code;
(9) Operate a commercial motor vehicle while the person’s commercial driver’s license or permit or other commercial driving privileges are revoked, suspended, canceled, or disqualified;
(10) Cause a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the offenses of aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter;
(11) Fail to stop after an accident in violation of sections 4549.02 to 4549.03 of the Revised Code;
(12) Drive a commercial motor vehicle in violation of any provision of sections 4511.61 to 4511.63 of the Revised Code or any federal or local law or ordinance pertaining to railroad-highway grade crossings;
(13) Use a motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance as defined in section 3719.01 of the Revised Code or the possession with intent to manufacture, distribute, or dispense a controlled substance;
(14) Use a commercial motor vehicle in the commission of a violation of section 2905.32 of the Revised Code or any other substantially equivalent offense established under federal law or the laws of another state.
(B) Whoever violates this section is guilty of a misdemeanor of the first degree.
(C) The offenses established under this section are strict liability offenses and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
Last updated October 6, 2023 at 12:16 PM