Ohio Admin. Code 4501:1-1-25 - Report of peace officer; request of commercial motor vehicle driver to submit to blood, breath or urine test(s) for alcohol concentration or controlled substances
(A) The report required by section
4506.17
of the Revised Code shall contain the following:
(1) A certification that the investigating
peace officer had probable cause to stop or detain the person;
(2) A certification that the investigating
peace officer, after investigation, had probable cause to believe that the
person was driving a commercial motor vehicle within the state of Ohio in
violation of section
4506.15 of the
Revised Code;
(3) The name and
current address of the driver; sufficient information to identify the driver
which may include the driver's date of birth, social security number, driver
license number and state of issue, and county of residence; the date and time
of the alleged violation; the date and time of refusal to submit to a test or
tests, if applicable; the date and time of the submission to a test or tests,
if applicable; and, any other information prescribed by the
registrar;
(4) A certification that
the peace officer read and showed the following statement to the driver: "I am
a peace officer; I have probable cause to stop or detain you. After
investigating the circumstances, I have probable cause to believe that you were
driving a commercial motor vehicle in
violation of section
4506.15 of the
Revised Code. I request that you submit to a test or tests of your blood,
breath, or urine for the purpose of determining your alcohol concentration or
the presence of any controlled substance. If you refuse to submit to the test
or tests you will immediately be placed out-of-service for twenty-four hours,
you will be disqualified from operating a commercial motor vehicle for a period
of not less than one year, and you will be required to surrender your
commercial driver's license to me;"
(5) A place for the driver to sign
acknowledging the fact that the peace officer read and showed the foregoing
statement to the driver;
(6) A
certification that the peace officer requested the driver to submit to a blood,
breath, or urine test or tests for alcohol concentration or for the presence of
any controlled substance in accordance with division (A) of section
4506.17
of the Revised Code;
(7) If the
driver refused to submit to the requested test or tests, a statement that the
driver refused to submit to the requested test or tests; and,
(8) If the driver submitted to the requested
test or tests and the test or tests disclosed 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, a statement that the test or tests disclosed the presence of a
controlled substance or an alcohol concentration of four hundredths of one per
cent or more.
(B) The
driver's signature on the report shall constitute evidence of the fact that the
peace officer read and showed the statement to the driver, but shall not
constitute evidence of whether or not the driver refused to submit to the
requested test or tests. If the driver refuses to sign acknowledging that the
peace officer read and showed the statement to the driver, the peace officer
shall note the driver's refusal to sign. The driver's refusal to sign shall not
affect the validity or enforceability of the peace officer's report.
(C) The peace officer shall swear to or
affirm the contents of the report before a person authorized to administer
oaths in this state.
(D) If the
report of the peace officer states that the driver refused to submit to the
requested test or tests or states that the driver submitted to the requested
test or tests which disclosed the presence of a controlled substance or an
alcohol concentration of four hundredths of one per cent or more, the registrar
shall notify the driver, by regular mail to the address stated on the report,
that the driver will be disqualified from driving a commercial motor vehicle
for the period required by section
4506.16
of the Revised Code.
(E) The
disqualification procedure shall be in accordance with the procedure set forth
in rule
4501:1-1-24
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4501.02, 4506.17, 4506.22, 4507.01
Rule Amplifies: 4506.17
Prior Effective Dates: 12/27/1989 (Emer.), 06/04/1990, 03/24/2001, 04/23/2006, 08/13/2007
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