55-12 Amend 333.01 OVI - Laserfiche WebLink

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that are issued under Obio R.C. 4503.231, except as provided in division (B) of that section, the court, for any second or subsequent offenses within a six year period, shall impose that condition as one of the conditions of the limited driving privileges granted to the offender, except as provided in division (B) of Ohio R.C. 4503.231. (5) If title to a motor vehicle that is subject to an order of criminal. forfeiture under this section is assigned or transferred and division (B)(2) or (3) of Ohio R.C. 4503.234 applies, in addition to or independent of any other penalty established by law, the court may fine the offender the value of the vehicle as determined by publications of the national auto dealers associa- tion. The proceeds of any fine so imposed shall be distributed in accor- dance with division (C)(2) ofthat section. (6) As used in subsection (h) of this section, "electronic monitoring", "manda- tory prison term" and "mandatory team of local incarceration" have the same meanings as in Ohio R.C. 2929.01. (i) Vehicle Operation After Underage Alcohol Consumption Penalty. Whoever vio- lates subsection (b) of this section is guilty of operating a vehicle after underage alcohol consumption and shall be punished as follows: (]) Except as othertivise provided in subsection (i)(2) of this section, the of- fender is guilty= of a misdemeanor of the fourth degree. hr addition to any other sanction imposed for the offense, the court shall impose a class six suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nomresident operat- ing privilege from the range specified in division (A)(6) of Ohio R.C. 4510.02. (2) If, within one year of the offense, the offender previously has been con- victed of or pleaded guilty to one or more violations of subsection (a) or (b) of this section or other equivalent offenses, the offender is guilty of a misdemeanor of the third degree. In addition to any other sanction im- posed for the offense, the court shall impose a class four suspension of the offender's driver's license, commercial driver's license, temporary instruc- tion permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of Ohio R.C. 4510.02. (3) If the offender also is convicted of or also pleads guilty to a specification of the type described in Ohio R.C. 2941.1414 and if the court imposes a jail term for the violation of subsection (b) of this section, the court shall impose upon the offender an additional definite jail term pursuant to divi- sion (E) of Ohio R.C. 2929.24. (ORC 4511.19) (j) Physical Control Penalty. Whoever violates subsection (d) hereof is guilty of hav- ing physical control of a vehicle while under the influence, a misdemeanor of the first degree. In addition to other sanctions imposed, the court may impose on the offender a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of Ohio R.C. 4510.02. (ORC 4511.194) (k) Compliance With Ohio R.C. Chapter 3793 Standards. (1) No court shall sentence an offender to an alcohol treatment program under this section unless the treatment program complies with the minimum standards for alcohol treatment programs adopted under Ohio R.C. Chap- ter 3793 by the Director of Alcohol and Drug Addiction Services. (2) An offender who stays in a driver's intervention program or in an alcohol treatment program under an order issued under this section shall pay the cost of the stay in the program. However, if the court determines that au offender who stays in an alcohol treatment program under an order issued under this section is unable to pay the cost of the stay in the program, the