Ohio Code 4506.23 – Duties of peace officer as to alcohol or controlled substance violations
Within the jurisdictional limits of the appointing authority, any peace officer shall stop and detain any person found violating section 4506.15 of the Revised Code, without obtaining a warrant. When there is reasonable ground to believe that a violation of section 4506.15 of the Revised Code has been committed and a test or tests of the person’s whole blood, blood plasma or blood serum, breath, or urine is necessary, the peace officer shall take the person to an appropriate place for testing. If a person refuses to submit to a test after being warned as provided in division (C) of section 4506.17 of the Revised Code or submits to a test that discloses the presence of a controlled substance or an alcohol concentration of four-hundredths of one per cent or more by whole blood or breath, an alcohol concentration of forty-eight-thousandths of one per cent or more by blood serum or blood plasma, or an alcohol concentration of fifty-six-thousandths of one per cent or more by urine, the peace officer shall require that the person immediately surrender the person’s commercial driver‘s license to the peace officer.
Terms Used In Ohio Code 4506.23
- Alcohol concentration: means the concentration of alcohol in a person's blood, breath, or urine. See Ohio Code 4506.01
- Arrest: Taking physical custody of a person by lawful authority.
- 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
- 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
- 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
As used in this section, “jurisdictional limits” means the limits within which a peace officer may arrest and detain a person without a warrant under section 2935.03 of the Revised Code, except that the superintendent and the troopers of the state highway patrol may stop and detain, without warrant, any person who, in the presence of the superintendent or any trooper, is engaged in the violation of this chapter.