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

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shall order the offender to follow the treatment recommendations of the pro- gram. The purpose of the assessment is to determine the degree of the offender's al- cohol usage and to determine whether or not treatment is warranted. Upon the re- quest of the court, the program shall submit the results of the assessment to the court, including all treatment recommendations 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 dollars ($525.00) and not more than one thou- sand 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 instruction permit, probationary license, or nonresident operating 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 suspen- sion under Ohio R.C. 4510.021 and 4510.13. (ORC 451 1.19) 4. In all cases, if the vehicle is registered in the offender's name, immobiliza- tion 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)(I)E. of this section, an of- fender 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 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 im- pose the thirty-day mandatory jail term under this subsection unless, subject to sub- section (h)(3) of this section, it instead imposes a sentence under that subsection con- sisting of both a jail term and a tern of house arrest with electronic monitoring, with continuous alcohol monitoring, or with both electronic monitoring and continuous alcohol monitoring. The court may impose a jail term in addition to the thirty -day mandatory jail term. Notwithstanding the jail terns set forth in Section 303.99, the additional jail term shall not exceed one year, and the cumulative jail tern 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 cases, a class three license suspension of the offender's driver's li- cense, commercial driver's license, temporary instruction permit, probationary li- cense, or nonresident operating privilege from the range specified in division (A)(3) 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, 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. 3793.02, subject to subsection (k) of this section, and shall order the offender to follow the treatment recommendations 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 treat- ment. Upon the request of the court, the program shall submit the results of the as- sessment to the court, including all treatment recommendations and clinical diagno- ses related to alcohol use. D. Except as otherwise provided in subsection (h)(I)E. of this section, an of- fender who, within six 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