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

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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 offend- er to all of the following: 1. If the sentence is being imposed for a violation of subsection (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, subject to subsection (h)(3) of this section, it instead imposes a sentence under that subsec- tion consisting of both a jail term and a term of house arrest with electronic monitor- ing, with continuous alcohol monitoring, or with both electronic monitoring and con- tinuous alcohol monitoring. The court may impose a jail term in addition to the thir- ty-day mandatory jail term. Notwithstanding the jail terms set forth in Sec- tion 303.99, the additional jail term shall not exceed one year, and the cumulative jail term imposed for the offense shall not exceed one year. 2. In all cases, notwithstanding the fines set forth in Section 303.99, a fine of not less than eight hundred fifty dollars ($850.00) and not more than two thousand seven hundred fifty dollars ($2,750). 3. in all eases, a elass three lieefise suspension of: the offender's driver' lieerse, commercial driver's license, temporary instruction permit, li . ,a,.- nw:e R.C. 4510.021 and 4510.13 (ORG 4511.-4-9)—In all cases a suspension of the offender's driver's license. commercial driver's license. temporary instruction permit, probationary license, or nonresident operating privilege for a def- inite period of two to twelve years The court may grant limited driving privileges relative to the suspension under Ohio R.C. 4510 021 and 4510.13 (ORC 4511 191 4. In all cases, if the vehicle is registered in the offender's name, criminal for- feiture of the vehicle involved in the offense in accordance with Ohio R.C. 4503.234. Subsection (h)(5) of this section applies regarding any vehicle that is sub- ject to an order of criminal forfeiture under this subsection. (ORC 4511.193) 5. In all cases, the court shall order the offender to participate in an alcohol and drug addiction program authorized by Ohio R.C. 313.02 5119.21, subject to subsec- tion (k) of this section, and shall order the offender to follow the treatment recom- mendations of the program. The operator of the program shall determine and assess the degree of the offender's alcohol dependency and shall make recommendations for treatment. Upon the request of the court, the program shall submit the results of the assessment to the court, including all treatment recommendations and clinical di- agnoses related to alcohol use. D. Except as otherwise provided in subsection (h)(1)E. of this section, an of- fender who, within six- ten years of the offense, previously has been convicted of or pleaded guilty to three or four violations of subsection (a) or (b) of this section or other equivalent offenses or an offender who, within twenty years of the offense, previously has been convicted of or pleaded guilty to five or more violations of that nature is guilty of a felony of the fourth degree and shall be prosecuted under appro- priate state law. E. An offender who previously has been convicted of or pleaded guilty to a vi- olation of Ohio R.C. 4511.19(A) that was a felony, regardless of when the violation and the conviction or guilty plea occurred, is guilty of a felony of the third degree and shall be prosecuted under appropriate state law. (2) An offender who is convicted of or pleads guilty to a violation of subsec- tion (a) of this section and who subsequently seeks reinstatement of the driver's or occupational driver's license or permit or nonresident operating privilege suspended under this section as a result of the conviction or guilty plea shall pay a reinstatement fee as provided in division (F)(2) of Ohio R.C. 4511.191. (3) If an offender is sentenced to a jail term under subsection (h)(I)B.1. or (h)(1)C.1. of this section and if, within sixty days of sentencing of the offender, the court issues a written finding on the record that, due to the unavailability of space at