Ohio Code 4511.181 – OVI definitions
As used in sections 4511.181 to 4511.198 of the Revised Code:
Terms Used In Ohio Code 4511.181
- 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
- Person: means every natural person, firm, co-partnership, association, or corporation. See Ohio Code 4511.01
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
- Vehicle: means every device, including a motorized bicycle and an electric bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except that "vehicle" does not include any motorized wheelchair, any electric personal assistive mobility device, any low-speed micromobility device, any personal delivery device as defined in section 4511. See Ohio Code 4511.01
(A) “Equivalent offense” means any of the following:
(1) A violation of division (A) 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 division (A) of section 1547.11 of the Revised Code;
(7) A violation of a municipal ordinance prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane, or similar device on the waters of this state while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane, or similar device on the waters of this state 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;
(8) 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) of section 4511.19 or division (A) of section 1547.11 of the Revised Code;
(9) A violation of a former law of this state that was substantially equivalent to division (A) of section 4511.19 or division (A) of section 1547.11 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,” “continuous alcohol monitoring,” “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.
(F) “Equivalent offense that is vehicle-related” means an equivalent offense that is any of the following:
(1) A violation described in division (A)(1), (2), (3), (4), or (5) of this section;
(2) 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) of section 4511.19 of the Revised Code;
(3) A violation of a former law of this state that was substantially equivalent to division (A) of section 4511.19 of the Revised Code.
Last updated March 8, 2023 at 12:17 PM