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

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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)(I)A, to E. of this sec- tion: 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 subsections (a)(1) 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 addi- tion to the three -day jail term or intervention program. However, in no case shall the cumulative jail 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. 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 pro- gram so certified, and sentences the offender to a jail term equal to the remainder of the three consecutive days that the offender does not spend attending the gram. 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 3793 by the Director of Alcohol and Drug Addiction Services that the operators of the driv- ers' intervention program determine that the offender should attend and to report pe- riodically 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 con- siders necessary. 2. In all cases, a fine of not less than three hundred seventy-five dollars ($375.00) and not more than one thousand seventy -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 nonresident operating privilege from the range specified in division (A)(5) of Ohio R.C. 4510.02. The court may grant lim- ited 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 of- fender 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 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 subsection (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 subsection 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 monitoring. The court may im- pose a jail term in addition to the ten -day mandatory jail term. The cumulative jail term imposed for the offense shall not exceed six months. In addition to the jail term or the term of house arrest with electronic monitoring or continuous alcohol monitoring 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