55-12 Amend 333.01 OVI - Laserfiche WebLink

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(a)(1)F. of this section is guilty of operating a vehicle while under the in- fluence of a listed controlled substance or a listed metabolite of a con- trolled substance. The court shall sentence the offender for either offense under Ohio R.C. Chapter 2929, and this Traffic Code, except as otherwise authorized or required by subsections (h)(1)A. to E. of this section: A. Except as otherwise provided in subsections (h)(1)B., C., D. or E. of this section, the offender is guilty of a misdemeanor of the first degree, and the offender is subject to any or all of the following penalties: 1. If the sentence is being imposed for a violation of subsec- tions (a)(1) or (a)(2) of this section, a jail term of three days. The court may sentence an offender to both an inter- vention program and a jail term. The court may impose a jail term in addition to the three-day jail term or interven- tion program. However, in no case shall the cumulative jail team imposed for the offense exceed six months. The court may suspend the execution of the three- day jail tervi under this subsection if the court, in lieu of that suspended term, places the offender under a commu- nity control sanction pursuant to Ohio R.C. 2929.25 and re- quires the offender to attend, for three consecutive days, a drivers' intervention program certified under Ohio R.C. 3793.10. The court also may suspend the execution of any part of the three-day jail term under this subsection if it places the offender under a community control sanction pursuant to Ohio R.C. 2929.25 for part of the three days, requires the offender to attend for the suspended part of the term a drivers' intervention program so certified, and sen- tences the offender to a jail term equal to the remainder of the tluee consecutive days that the offender does not spend attending the program. The court may require the offender, as a condition of community control and in addition to the required attendance at a drivers' intervention program, to at- tend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Ohio R.C. Chapter 3793 by the Director of Al- cohol and Drug Addiction Services that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the programs. The court also may impose on the offender any other conditions of community control that it considers necessary. 2. In all cases, a fine of not less than three hundred seventy- five dollars ($375.00) and not more than one thousand sev- enty-five dollars ($1,075). 3. In all cases, a class five license suspension of the offender's driver's or commercial driver's license or permit or nonresi- dent operating privilege from the range specified in division (A)(5) of Ohio R.C. 4510.02. The court may grant limited driving privileges relative to the suspension under Ohio R.C. 4510.021 and 4510.13. B. Except as otherwise provided in subsection (h)(1)E. of this section, an offender who, within six years of the offense, previously has been convicted of or pleaded guilty to one violation of subsection (a) or (b) of this section or one other equivalent offense is guilty of