[Cite as Bowling v. Norman, 2024-Ohio-2658.]
IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WOOD COUNTY
Dakota Bowling Court of Appeals No. WD-23-043
Appellee Trial Court No. 2023CV0171
v.
Charles Norman, Registrar, DECISION AND JUDGMENT Department of Public Safety, Bureau of Motor Vehicles Decided: July 12, 2024
Appellant
*****
Blaise Katter, for appellee.
Dave Yost, Ohio Attorney General, Michael J. Hendershot, Chief Deputy Solicitor General, and Nicholas A. Cordova, Deputy Solicitor General, for appellant.
MAYLE, J.
{¶ 1} In this administrative appeal, appellant, Charles Norman, Registrar, Ohio
Department of Public Safety, Bureau of Motor Vehicles (“the State”), appeals the August
10, 2023 judgment of the Wood County Court of Common Pleas, reversing the order of the Bureau of Motor Vehicles (“BMV”), which had disqualified the commercial driver’s
license (“CDL”) of Dakota Bowling. For the following reasons, we reverse the trial court
judgment.
I. Background
{¶ 2} Dakota Bowling was convicted of operating a vehicle while intoxicated, a
violation of R.C. 4511.19(A)(1)(a). Shortly thereafter, he received a notice of
disqualification from the BMV, informing him that his CDL would be disqualified for
one year under R.C. 4506.16. Bowling appealed the disqualification to the registrar of
the BMV.
{¶ 3} Bowling’s appeal was heard by a hearing examiner on September 27, 2022.
The hearing was not transcribed due to technical difficulties, but Bowling and the BMV
submitted closing arguments in writing and stipulated to the following facts: (1) Bowling
had a CDL Class A license on April 24, 2022, when he was arrested and charged with
OVI; (2) he was convicted under R.C. 4511.19(A)(1)(a) on June 3, 2022; (3) the OVI
conviction was a first offense; and (4) the OVI conviction was the sole basis for the CDL
disqualification.
{¶ 4} Bowling argued that under R.C. 4506.16, CDL disqualification may be
imposed either for a conviction for a violation of R.C. 4506.15(A)(2) through (12), or for
an administrative license suspension (“ALS”) imposed under R.C. 4511.191, but not for a
conviction under R.C. 4511.19. Bowling claimed that because he was convicted under
R.C. 4511.19 and not R.C. 4506.15(A)(2) to (12), and because his ALS suspension was
2. vacated, there was no basis for disqualification. Bowling maintained that R.C. 4506.16
was amended in 2012 to remove language that triggered disqualification based on a
conviction under R.C. 4511.19. He contended that a conviction under R.C. 4511.19 no
longer provides a ground for disqualification of a CDL. Bowling acknowledged that he
could have been charged with a violation of R.C. 4506.15(A)(6), but insisted that because
he was charged and convicted only under R.C. 4511.19, there was no basis for
disqualification here.
{¶ 5} The BMV responded that Bowling’s conviction under R.C. 4511.19 is a
prohibited act under R.C. 4506.15(A)(6), mandating disqualification of his CDL under
R.C. 4506.16(D)(1).
{¶ 6} The hearing examiner issued a report and recommendation on November 2,
2022. He found that R.C. 4506.15(A)(6) prohibits a person who holds a CDL from
driving a commercial motor vehicle1 while under the influence of alcohol in violation of
R.C. 4511.19. He observed that under R.C. 4506.16(D)(1), a first conviction for a
violation of R.C. 4506.15(A)(2) to (12) or a similar law of another state, or upon a first
suspension under R.C. 4511.191, shall disqualify the violator’s CDL for a period of one
year. The hearing examiner concluded that because Bowling was convicted of a violation
of R.C. 4511.19, he committed a prohibited act under R.C. 4506.15(A)(6), therefore,
requiring a one-year disqualification of his CDL. The registrar adopted the hearing
1 The parties here do not contend that Bowling operated a commercial vehicle while under the influence of alcohol. Moreover, R.C. 4506.15(A)(6) by its own terms is not limited to situations involving the operation of a commercial motor vehicle.
3. examiner’s report and recommendation in a final adjudication order journalized on March
9, 2023.
{¶ 7} Bowling appealed the final adjudication order to the Wood County Court of
Common Pleas. The matter was briefed. The parties’ positions were essentially the same
as they were in the administrative proceedings.
{¶ 8} The trial court issued an opinion and judgment entry journalized August 10,
2023. It reversed the March 9, 2023 order of the BMV disqualifying Bowling’s CDL.
The trial court held that by its plain language, R.C. 4506.16(D)(1) allows disqualification
of a CDL if the holder is convicted of violating any provision of R.C. 4506.15(A)(2) to
(12). It found that although Bowling “committed a prohibited act under R.C.
4506.15(A)(6)”—i.e., drove his motor vehicle in violation of R.C. 4511.19—he was not
convicted of violating R.C. 4506.15(A)(6). As such, it concluded that the order of the
BMV disqualifying Bowling’s CDL was contrary to the clear and unambiguous language
of R.C. 4506.16(D)(1).
{¶ 9} The state appealed. It assigns the following error for our review:
The common pleas court erred in holding that operating a vehicle
while under the influence of alcohol is not a violation of R.C.
4506.15(A)(6) and, on that basis, vacating the Bureau of Motor Vehicle’s
Order disqualifying Appellee Dakota Bowling from commercial driving for
one year.
4. II. Law and Analysis
{¶ 10} The State argues that the trial court erred in vacating the order of the BMV
disqualifying Bowling’s CDL. This appeal requires us to determine whether R.C.
4506.16(D)(1) mandates the disqualification of a CDL where the holder of the CDL has
been convicted under R.C. 4511.19 and not under R.C. 4506.15(A)(6).
A. Standard of Review
{¶ 11} In an appeal of a decision of an administrative agency under R.C. 2506.01,
we review the judgment of the common pleas court only on questions of law. Adams
Quality Heating & Cooling v. Erie Cty. Health Dept., 2014-Ohio-2318, ¶ 10 (6th Dist.),
citing Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142, 147 (2000); R.C.
2506.04. We will not weigh the evidence and we may not substitute our judgment for
that of the administrative agency or the common pleas court, regardless of whether we
may have arrived at a different conclusion. Id. Our role is limited to reviewing questions
of law, employing a de novo standard, and determining whether the trial court abused its
discretion in applying the law. Id. at ¶ 11.
B. The Statutes at Issue
{¶ 12} Under R.C. 4506.15(A)(6), “[n]o person who holds a commercial driver’s
license . . . shall . . . [d]rive a motor vehicle in violation of [R.C.] 4511.19 . . . or a
municipal OVI ordinance as defined in [R.C.] 4511.181 . . . .” Under R.C.
4506.16(D)(1), “[t]he registrar of motor vehicles shall disqualify any holder of a
commercial driver’s license . . . from operating a commercial motor vehicle . . . [u]pon a
5. first conviction for a violation of any provision of divisions (A)(2) to (12) of
[R.C.] 4506.15 . . . or a similar law of another state or a foreign jurisdiction, or upon a
first suspension imposed under [R.C.] 4511.191 . . . or a similar law of another state or
foreign jurisdiction, one year[.]”
{¶ 13} Bowling was convicted of OVI under R.C. 4511.19(A)(1)(a). This statute
prohibits a person from operating a vehicle “if, at the time of the operation . . . [t]he
person is under the influence of alcohol, a drug of abuse, or a combination of them.”
C. The Parties’ Positions
{¶ 14} The State argues that a conviction under R.C. 4511.19 is a violation of R.C.
4506.15(A)(6) that triggers disqualification under 4506.16(D)(1). It maintains that a
conviction for impaired driving is necessarily “for a violation of” R.C 4506.15(A)(6),
regardless of whether R.C. 4506.15(A)(6) is the statute of conviction. It emphasizes that
the disqualification provision looks for a violation of certain provisions, not for a charge
under those provisions. The State claims that by violating R.C. 4511.19, Bowling
necessarily violated R.C. 4505.15(A)(6).
{¶ 15} The State maintains that surrounding text within R.C. 4506.16 bolsters its
interpretation. It points to R.C. 4506.16(J), which clarifies that “disqualification is to be
imposed” on “a driver who is finally convicted of any offense described in section
4506.15.” It insists that Bowling’s impaired driving conviction under R.C. 4511.19 was
for an offense described in R.C. 4506.15. The State also points to R.C. 4506.16(E),
which provides that a “conviction of a violation for which disqualification is required
6. includes conviction under any municipal ordinance that is substantially similar to any
section of the Revised Code that is set forth in division (D);” R.C. 4506.16(D) refers back
to R.C. 4506.15(A). Given that municipalities lack power to regulate state-issued CDLs
and are unlikely to enact ordinances equivalent to R.C. 4506.15(A), the State contends
that R.C. 4506.16(E) must refer to municipal ordinances that are equivalents of the
statutes listed in R.C. 4506.15(A)—not ordinances that are equivalent to R.C. 4506.15(A)
itself. Thus, the State claims, Bowling’s conviction under the impaired driving statute is
likewise disqualifying under R.C. 4506.16(D).
{¶ 16} As for Bowling’s argument that the legislature amended R.C. 4506.16 in
2012 to remove reference to R.C. 4511.19, the State argues that R.C. 4511.19 is still
cross-referenced—the amendment simply moved the language from R.C. 4506.16(D)(1)
to R.C. 4506.15(A)(6). It urges that (A) was a better home for the cross-reference
because it already housed cross-references to other statutory violations that would trigger
disqualification. It explains that the amendment’s reorganization consolidated all
disqualifying offenses into R.C 4506.15(A) rather than leave them dispersed between R.C
4506.15(A) and 4506.16(D)(1).
{¶ 17} Finally, the State contends that the trial court misinterpreted the statute so
as to apply only to drivers “convicted of violating any provision of” R.C. 4506.15(A)(2)
to (12) rather than drivers “convicted for a violation of any provision” of those divisions,
as actually provided under R.C. 4506.16(D)(1). It claims that it makes no sense to
impose disqualification only where the prosecutor charges the offense as a violation of
7. the disqualification statute and a violation of the impaired driving statute that the
disqualification statute references. It contends that this reading defeats the purpose of the
cross-reference and would cause disparate consequences for drivers who commit the
same act based solely on the whims of the local prosecutor. The State expresses
skepticism that the General Assembly would vest such great discretion in prosecutors.
To the contrary, it claims, the disqualification statute creates a bright-line rule that the
BMV must prevent any driver convicted of impaired driving or another offense
mentioned in the statute from driving commercially for one year after the conviction.
{¶ 18} Bowling responds that the plain language of R.C. 4506.16(D)(1)
unequivocally mandates disqualification of a CDL only for a “conviction” under R.C.
4506.15—which he points out carries its own penalty. He insists that a person must
actually be charged with a violation of R.C. 4506.15 in order to be convicted of it. He
cites R.C. 4506.01(F), which defines “conviction” as “an unvacated adjudication of guilt
or a determination that a person has violated or failed to comply with the law in a court of
original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of
bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or
nolo contendere accepted by the court, the payment of a fine or court cost, or violation of
a condition of release without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.” Bowling claims that it is undisputed that there is no court
judgment entry convicting him of R.C. 4506.15(A)(6).
8. {¶ 19} Again, Bowling insists that the legislature chose in 2012 to remove the OVI
conviction as the triggering device and instead conditioned disqualification on the
imposition of an ALS. He also argues that it is not sufficient that there be a violation of
R.C. 4506.15—there must be a conviction for a violation of R.C. 4506.15. He maintains
that here, there is only a conviction for a violation of R.C. 4511.19.
{¶ 20} Finally, Bowling argues that the State’s proposed interpretation of R.C.
4506.16(D)(1) would violate due process because he was deprived of notice that he was
charged with an offense that could lead to a mandatory CDL disqualification. He
maintains that the possibility of a CDL disqualification is a factor that must be weighed
in a defendant’s decision to accept a plea. He also claims that the State’s interpretation
violates principles of separation of powers because it would permit the BMV to “deem
convictions into being” simply on the basis that the conduct could have supported a
charge under R.C. 4506.15. Bowling maintains that the State is simply concerned that
prosecutors may not properly charge a violation of this statute and is upset that the local
prosecutor here failed to do so.
D. Construing R.C. 4506.15 and 4506.16
{¶ 21} R.C. 4506.15(A) describes conduct that is prohibited of holders of CDLs.
It provides as follows:
No person who holds a commercial driver’s license . . . shall do any
of the following:
9. (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;
10. (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;
(Emphasis added.)
{¶ 22} R.C. 4506.16(D)(1) mandates a one-year disqualification of a CDL “[u]pon
a first conviction for a violation of any provision of divisions (A)(2) to (12) of section
4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, or
upon a first suspension imposed under section 4511.191 of the Revised Code or a similar
law of another state or foreign jurisdiction . . . [.]”
{¶ 23} Our job when construing any statute is to determine the legislature’s intent.
State ex rel. Horizon Science Academy of Lorain, Inc. v. Ohio Dept. of Edn., 2021-Ohio-
1681, ¶ 14. To do so, we first look to the plain language of the statute. Id. If the terms
11. of the statute are ambiguous, we must “interpret the statute to determine the General
Assembly’s intent.” Tomasik v. Tomasik, 2006-Ohio-6109, ¶ 15. However, if the terms
of the statute are clear and unambiguous, the statute must be applied without
interpretation. Wingate v. Hordge, 60 Ohio St.2d 55, 58 (1979).
{¶ 24} Here, we find that R.C. 4506.15 and 4506.16 are clear and unambiguous.
R.C. 4506.15(A)(6) prohibits a person who holds a CDL from driving a motor vehicle in
violation of R.C. 4511.19. Bowling was convicted of driving a motor vehicle in violation
of R.C. 4511.19, therefore, he violated R.C. 4506.15(A)(6). R.C. 4506.16(D)(1) requires
the registrar of the BMV to disqualify the holder of a CDL from operating a motor
vehicle for one year for a first conviction for a violation of R.C. 4506.15(A)(2) through
(12). Because Bowling’s conviction under R.C. 4511.19 was a violation of R.C.
4506.15(A)(6), the registrar’s disqualification of Bowling’s CDL was proper.
{¶ 25} Bowling’s argument that disqualification under R.C. 4506.16(D)(1)
requires a conviction under R.C. 4506.15 is inconsistent with the language of the statute.
R.C. 4506.15(D)(1) requires a conviction for a violation of R.C. 4506.15(A)(2) to (12)—
not a conviction under R.C. 4506.15(A)(2) to (12). A person violates R.C. 4506.15(A)(6)
by driving a motor vehicle in violation of R.C. 4511.19. Importantly, even then, the
registrar may not disqualify a CDL merely because a person violates R.C.
4506.15(A)(6)—i.e., drives in violation of R.C. 4511.19. Under R.C. 4506.15(D)(1), the
holder of the CDL must be convicted of violating that prohibition, thus obviating
Bowling’s concern that the BMV may “deem convictions into being.” Nevertheless, the
12. holder of the CDL need not be convicted under R.C. 4506.15(A)(6) itself. Because a
conviction for violating R.C. 4511.19 is a violation of R.C. 4506.15(A)(6), it was not
necessary that Bowling be charged and convicted under R.C. 4506.15(A)(6).
{¶ 26} Finally, as to Bowling’s claim that the 2012 amendment to the statutes
eliminated R.C. 4511.19 as a basis for disqualifying a CDL, this is also not accurate.
Before the 2012 amendment, R.C. 4506.16(D)(1) mandated disqualification of a CDL for
a conviction for a violation of (1) R.C. 4506.15(A)(2) through (9) or a similar law of
another state or jurisdiction; or (2) R.C. 4511.19, 4549.02, or 4549.03, or a similar law of
another state or jurisdiction. The 2012 amendment removed the reference to R.C.
4511.19 and moved it to R.C. 4506.15(A)(6), and it removed the references to R.C.
4549.02 and 4549.03 and moved them to R.C. 4506.15(A)(11). It also amended R.C.
4506.16(D)(1) to mandate disqualification for a conviction for a violation of R.C.
4506.15(A)(2) through (12) instead of just (A)(2) through (9)—i.e., it added to the
prohibitions enumerated in R.C. 4506.15(A). The amendments simply reorganized the
two statutes. They do not evince an intent by the legislature to remove a conviction
under R.C. 4511.19 as a basis for disqualification.
{¶ 27} For these reasons, the trial court erred as a matter of law when it reversed
the registrar’s disqualification order. We find the State’s assignment of error well-taken.
III. Conclusion
{¶ 28} R.C. 4506.16(D)(1) required the registrar of the BMV to disqualify
Bowling’s CDL for one year for a conviction for violating R.C. 4506.15(A)(6). Bowling
13. was convicted of violating R.C. 4511.19, which, in turn, violated R.C. 4506.15(A)(6).
The registrar, therefore, properly disqualified his CDL for one year. The trial court erred
in concluding otherwise. We find the State’s assignment of error well-taken. We reverse
the August 10, 2023 judgment of the Wood County Court of Common Pleas. Bowling is
ordered to pay the costs of this appeal under App.R. 24.
Judgment reversed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See also 6th Dist.Loc.App.R. 4.
Christine E. Mayle, J. ____________________________ JUDGE Myron C. Duhart, J. CONCUR ____________________________ JUDGE
Charles E. Sulek, P.J. DISSENTS AND WRITES SEPARATELY.
SULEK, P.J., dissenting.
{¶ 29} The straightforward application of the law in this case has an undesirable
result. It is entirely reasonable to expect that Bowling would be disqualified from
operating a commercial motor vehicle for one year upon his conviction for an OVI. But
the legislature has very clearly set forth the requirements for the registrar of motor
vehicles to impose such a disqualification, and those requirements have not been met.
And this court “may not rewrite the plain and unambiguous language of a statute under
14. the guise of statutory interpretation.” Pelletier v. Campbell, 2018-Ohio-2121, ¶ 20.
Therefore, I respectfully dissent from the majority decision and would affirm the
judgment of the Wood County Court of Common Pleas.
{¶ 30} R.C. 4506.16(D)(1) states, in relevant part, that the registrar of motor
vehicles “shall disqualify any holder of a commercial driver’s license . . . from operating
a commercial motor vehicle as follows: Upon a first conviction for a violation of any
provision of divisions (A)(2) to (12) of section 4506.15 of the Revised Code.”
{¶ 31} R.C. 4506.15(A) is a criminal statute that provides a list of prohibited
conduct:
No person who holds a commercial driver’s license . . . shall do any
...
concentration of four-hundredths of one per cent or more by whole blood or
concentration of forty-eight-thousandths of one per cent or more by blood
concentration of fifty-six-thousandths of one per cent or more by urine;
15. (5) Drive a motor vehicle while under the influence of a controlled
(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;
(8) Refuse to submit to a test under section 4506.17 or 4511.191 of
(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;
commercial motor vehicle, including, but not limited to, the offenses of
aggravated vehicular homicide, vehicular homicide, and vehicular
(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;
16. (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 R.C. 2905.32 of the Revised Code or any other substantially
equivalent offense established under federal law or the laws of another
state.
{¶ 32} Relevant here is R.C. 4506.15(A)(6), which states that no person who holds
a commercial driver’s license shall drive a motor vehicle in violation of R.C. 4511.19.
R.C. 4511.19, is a criminal statute that prohibits the operation of a motor vehicle under
the influence of alcohol or drugs generally, or with specific concentrations of alcohol or
drugs that are of a higher threshold than those found in R.C. 4506.15(A)(2), (3), and (4).
{¶ 33} Read plainly, R.C. 4506.16(D)(1) requires the registrar of motor vehicles to
impose a one-year CDL disqualification upon a first conviction for a violation of any
provision of divisions R.C. 4506.15(A)(2) through (12), which in this case is (A)(6).
Indisputably, Bowling does not have a conviction for a violation of R.C. 4506.15(A)(6).
Thus, the trial court did not err when it reversed the BMV’s order of disqualification.
{¶ 34} The majority contends there is a difference between requiring a “conviction
for a violation” of a statute and a “conviction under” a statute. There is no difference in
the meaning of these phrases. It appears what the majority really wants to do is rewrite
17. R.C. 4506.16(D)(1) to require disqualification in the event a driver is convicted of a
violation of any statute referenced in R.C. 4506.15(A)(2)-(12). Had the General
Assembly intended to write the statute in that manner it could have done so. It did not.
And it is not this court’s job to rewrite a statute in order to achieve what it believes to be
a more desired result. See Pelletier, 2018-Ohio-2121 at ¶ 20.
{¶ 35} The majority, in reaching its result, is persuaded by the State’s arguments.
But, the State’s arguments all suffer from a critical failure to recognize that R.C. 4506.15
is not just a list of conditions or prohibitions; it is itself a criminal statute as specified in
R.C. 4506.15(B), which states, “Whoever violates this section is guilty of a misdemeanor
of the first degree.”
{¶ 36} The State first argues that Bowling’s conviction under R.C. 4511.19 is
sufficient to meet R.C. 4506.16(D)(1)’s requirement of a “conviction for a violation of
any provision of divisions (A)(2) to (12) of section 4506.15 of the Revised Code.” This
argument, however, wholly ignores the essential part of the plain language of R.C.
4506.16(D)(1) that requires a conviction for violation of any provision of the specified
criminal statute, which in this case is R.C. 4506.15(A)(6).
{¶ 37} While Bowling’s conviction under R.C. 4511.19 is incontrovertible
evidence that he violated R.C. 4506.15(A)(6), it is not a conviction for a violation of R.C.
4506.15(A)(6). Indeed, how can a person be convicted for a violation of R.C.
4506.15(A)(6) if he or she has never been charged with, and found guilty of, violating
that section?
18. {¶ 38} The State’s second argument relies on R.C. 4506.16(J), which requires the
registrar to notify a driver of the offense or offenses involved, the length of the
disqualification, and the right to request a hearing. Specifically, R.C. 4506.16(J) applies
to “a driver who is finally convicted of any offense described in section 4506.15 of the
Revised Code or division (D)(4), (5), or (6) of this section and thereby is subject to
disqualification.” The State argues that Bowling’s conviction under R.C. 4511.19 is for
an “offense described in section 4506.15,” and that any other reading of “described in”
would replace those words with “charged under.”
{¶ 39} I do not see any error with reading “described in” to be synonymous with
“charged under.” R.C. 4506.16(J) applies to those drivers who have been “finally
convicted of any offense described in section 4506.15.” To be finally convicted of an
offense, one must first be charged with the offense. Again, the State’s argument fails to
recognize that R.C. 4506.15 is a separate criminal statute. Here, the offense described in
R.C. 4506.15(A)(6) is that it is a first-degree misdemeanor for a holder of a commercial
driver’s license to “[d]rive a motor vehicle in violation of section 4511.19 of the Revised
Code.” As already discussed, Bowling was not charged with nor finally convicted of
violating R.C. 4506.15(A)(6). Thus, R.C. 4506.16(J) does not support the State’s
position.
{¶ 40} The State next points to R.C. 4506.16(E) as further proof that a conviction
under R.C. 4511.19 is sufficient. R.C. 4506.16(E) provides, in relevant part, “For the
purposes of this section, conviction of a violation for which disqualification is required
19. includes conviction under any municipal ordinance that is substantially similar to any
section of the Revised Code that is set forth in division (D) of this section.” Division (D)
sets forth lengths of disqualification for violations of any provision of R.C.
4506.15(A)(2) to (14), for repeated serious traffic violations, for violations of any
provisions of R.C. 4511.61 to 4511.63 (pertaining to railroad crossings), and for driving
that constitutes an immediate hazard as defined under federal motor carrier safety
regulations. The State argues that it “would be strange if division (E)’s reference to
municipal ordinances means ordinances that are equivalents of R.C. 4506.15(A) itself,
rather than equivalents of the Revised Code sections that R.C. 4506.15(A) references,”
because municipalities “are unlikely to legislate equivalents of R.C. 4506.15(A)—a list of
conditions that a driver must meet to maintain a commercial driver’s license.” In so
arguing, the state misrepresents R.C. 4506.16(D). Division (D) does not simply refer to
R.C. 4506.15(A), but rather to the provisions contained within that section. In this way,
R.C. 4506.16(E) makes sense because a municipality could have ordinances that prohibit
driving a motor vehicle in the same manner as those set forth in R.C. 4506.15(A)(2)
through (14).
{¶ 41} The State also contends that “[d]ivision (E) tells us that conviction under a
municipal equivalent of the impaired driving statute would disqualify Bowling because
R.C. 4506.15(A)(6) references that municipal ordinance.” This is incorrect. R.C.
4506.15(A)(6) makes it a crime to 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
20. Revised Code.” Just as a conviction under R.C. 4511.19 is evidence of, but not a
conviction for, a violation of R.C. 4506.15(A)(6), a conviction under a municipal OVI
ordinance is also evidence of, but not a conviction for, a violation of R.C. 4506.15(A)(6).
Rather, to qualify under R.C. 4506.16(E), the municipal ordinance would have to be
substantially similar to R.C. 4506.15(A)(6) in that it prohibits driving in violation of R.C.
4511.19, and the defendant would have had to have been convicted under that municipal
ordinance. Thus, R.C. 4506.16(E) does not support the State’s position.
{¶ 42} Finally, in addition to its arguments relative to the text of the statute, the
State argues that the legislative history of R.C. 4506.16 supports its position that a
conviction under R.C. 4511.19 would result in automatic disqualification. I agree with
the State that an examination of the legislative history is not necessary where the meaning
of the statute is plain and unambiguous, which it is in this case. But even if I were to
consider the legislative history, it shows that a conviction under R.C. 4511.19 does not
result in automatic disqualification.
{¶ 43} At issue is a 2012 amendment to R.C. 4506.16. Prior to the amendment,
R.C. 4506.16(D)(1) stated, “The registrar of motor vehicles shall disqualify any holder of
a commercial driver’s license . . . from operating a commercial motor vehicle as follows:
(1) Upon a first conviction for a violation of any provision of divisions (A)(2) to (9) of
section 4506.15 of the Revised Code, or of section 4511.19 or sections 4549.02 to
4549.03 of the Revised Code, or a similar law of another state or a foreign jurisdiction,
21. one year.” (Emphasis added.) R.C. 4506.15 at the time, made it a misdemeanor of the
first degree for a person to:
(1) Drive a commercial motor vehicle while having a measurable or
detectable amount of alcohol or of a controlled substance in the person’s
concentration of four-hundredths of one per cent or more by whole blood or
concentration of forty-eight-thousandths of one per cent or more by blood
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
(6) Use a motor vehicle in the commission of a felony;
(7) Refuse to submit to a test under section 4506.17 of the Revised
Code;
(8) Operate a commercial motor vehicle while the person’s
commercial driving privileges are revoked, suspended, canceled, or
disqualified;
22. (9) 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;
{¶ 44} Thus, each of the provisions in R.C. 4506.15(A)(2) through (9) constituted
a separate offense punishable as a first-degree misdemeanor, and R.C. 4506.16(D)(1)
disqualified a driver following a conviction for a violation of one of those provisions or
following a conviction for a violation of R.C. 4511.19. In the 2012 amendment, the
legislature expanded what constitutes a violation under R.C. 4506.15(A), but at the same
time changed what would trigger a disqualification under R.C. 4506.16(D)(1). Following
the amendment, only a conviction for a violation of any provision of divisions (A)(2) to
(12) of R.C. 4506.15 would result in disqualification.2 No longer does a conviction under
R.C. 4511.19 automatically trigger such a result.
{¶ 45} Nonetheless, the State argues that a conviction under R.C. 4511.19 still
results in automatic disqualification because “the General Assembly never removed this
language cross referencing the impaired driving statute, R.C. 4511.19, from the
disqualification statute.” This is objectively untrue. R.C. 4506.16 is the disqualification
statute. Prior to 2012, it contained R.C. 4511.19. After 2012, it did not. R.C. 4506.15, in
contrast, is a criminal statute, the violation of which constitutes a first-degree
2 Not relevant here, but the amended and current versions of R.C. 4506.16(D)(1) also require disqualification where a license has been suspended for refusing to take a chemical test under R.C. 4511.191.
23. misdemeanor. R.C. 4506.15 does not speak to the punishment of commercial driver’s
license disqualification.
{¶ 46} The State contends that the amendment’s consolidation of disqualifying
offenses into R.C. 4506.15(A) “evinces no intent to change the disqualification statute’s
substance or operation, but rather reinforces that the statute always made disqualification
the automatic consequence of an impaired driving conviction, and still does today.” I
cannot agree. As noted by the State, before 2012, “[R.C. 4506.16(D)(1)] could not have
stated more explicitly that a conviction for impaired driving under R.C. 4511.19 results in
automatic disqualification even if the charging documents make no reference to any
provision of subsection 4506.15(A) of the disqualification statute.” That language was
removed, leaving only convictions for a violation of any provisions of R.C.
4506.15(A)(2) to (12). To me, this evinces the clear intent of the legislature to require
convictions under R.C. 4506.15(A)(2) to (12) for disqualification. The legislature clearly
knew how to include convictions under R.C. 4511.19 as it had before 2012, and chose to
eliminate them.
{¶ 47} Therefore, for all of the above reasons, I would hold that R.C.
4506.16(D)(1) plainly and unambiguously requires a conviction for a violation of R.C.
4506.15(A)(2) to (12) before imposing a one-year commercial driver’s license
disqualification, and that a conviction under R.C. 4511.19, by itself, does not
automatically trigger such a disqualification. Accordingly, because Bowling was never
convicted under R.C. 4506.15(A)(6), I would find the State’s assignment of error not
24. well-taken and would affirm the judgment of the trial court.
This decision is subject to further editing by the Supreme Court of Ohio’s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court’s web site at: http://www.supremecourt.ohio.gov/ROD/docs/.
25.