33-17 Amend Sec 333.01 Driving or Physical Control while Under the Influence

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on a claim of assault and battery or any other claim that is not a claim of malpractice, for any act performed in withdrawing blood from the person. The immunity provid- ed in this subsection also extends to an emergency medical service organization that employs an emergency medical technician- intermediate or emereencv medical tech- nician- paramedic who withdraws blood under this section The immunity provided in this subsection is not available to a person who withdraws blood if the person en- gaged in willful or wanton misconduct. As used in this subsection. "emereencv medical technician- intermediate" and "emergency medical teclmician- paramedic" have the same meanings as in Ohio R.C. 4700-1 (h) General OVI Penalty. (1) Whoever violates any provision of subsections (a)(I)A. to E. or (a)(2) of this section is guilty of operating a vehicle under the influence of alcohol, a drug of abuse, or a combination of them. Whoever violates subsection (a)(1)F, of this sec- tion is guilty of operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled 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 sec- tion: A. Except as otherwise provided in subsections (h)(I)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 subsections (a)(1)A�B. or (a)(2)of this section, a jail term of three days. The court may sentence an offender to both an intervention program and a jail term. The court may impose a jail term in addition to the three -day jail term or intervention program. However, in no case shall the cumulativejail term imposed for the offense exceed six months. The court may suspend the execution of the three -day jail term under this sub- section if the court, in lieu of that suspended term, places the offender under a com- munity control sanction pursuant to Ohio R.C. 2929.25 and requires the offender to attend, for three consecutive days, a drivers' intervention program certified under Ohio R.C. 37W.40 5119.38. 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 com- munity control sanction pursuant to Ohio R.C. 2929.25 for part of the three days, re- quires the offender to attend for the suspended part of the term a drivers' intervention program so certified, and sentences the offender to a jail term equal to the remainder of the tree consecutive days that the offender does not spend attending the program. fender. 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 attend and satisfactorily complete any treatment or education programs that comply with the minimum standards adopted pursuant to Ohio R.C. Chapter 3743 5119 by the Di- rector of A le6h6l- a.,a- °�-�' Drug Mental Health and 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. If the court grants unlimited driving privileges to a first -time offender under Ohio R.C. 4510.022, all penalties imposed upon the offender by the court under sub- section (h)(I)A.l. of this section for the offense apply, extent that the court shall