55-12 Amend 333.01 OVI - Laserfiche WebLink

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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- tion (a)(1) or (a)(2).. of this section, a jail term of ten days. The court shall impose the ten-day jail term under this sub- section unless, subject to subsection (h)(3) of this section, it instead imposes a sentence under that subsection consisting of both a jail term and a term of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitor- ing. The court may impose a jail term in addition to the ten-day mandatory jail term. The cumulative jail term im- posed for the offense shall not exceed six months. In addition to the jail term or the term of house ar- rest with electronic monitoring or continuous alcohol moni- toring or both types of monitoring and jail term, the court shall require the offender to be assessed by an alcohol and drug treatment program that is authorized by Ohio R.C. 3793.02, subject to subsection (k) of this section, and shall order the offender to follow the treatment recommendations of the program. The purpose of the assessment is to deter- mine the degree of the offender's alcohol usage and to de- termine whether or not treatment is warranted. Upon the request of the court, the program shall submit the results of the assessment to the court, including all treatment recom- mendations and clinical diagnoses related to alcohol use. 2. In all cases, notwithstanding the fines set forth in Section 303.99, a fine of not less than five hundred twenty-five dol- lars ($S2S.00) and not more than one thousand six hundred twenty-five dollars ($1,625). 3. In all cases, a class four license suspension of the offender's driver's license, commercial driver's license, temporary in- struction permit, probationary license, or nonresident oper- ating privilege from the range specified in division (A)(4) 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. (ORC 4511.19) 4. In all cases, if the vehicle is registered in the offender's name, immobilization of the vehicle involved in the offense for ninety days in accordance with Ohio R.C. 4503.233 and impoundment of the license plates of that vehicle for ninety days. (ORC 4511.193) C. 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 two violations of subsection (a) or (b) of this section or other equivalent offenses is guilty of a misdemeanor. The court shall sentence the offender to all of the following: 1. If the sentence is being imposed for a violation of subsec- tion (a)(1) or (a)(2) of this section, a mandatory jail term of thirty consecutive days. The court shall impose the thirty- day mandatory jail term under this subsection unless, sub- ject to subsection (lr)(3) of this section, it instead imposes a sentence under that subsection consisting of both a jail term and a term of house an•est with electronic monitoring, with continuous alcohol monitoring, or with both electronic