1994 048 Ordinance - Laserfiche WebLink

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33.99 TRAFFIC CODE 56D (4) If, within five years of the offense, the offender has been convicted of or pleaded guilty to three or more, violations of Ohio R.C. 4511.19(A) or (B), a municipal ordinance relating to operating a vehicle while under the influence of alcohol, a drug of abuse or alcohol and a drug of abuse, a municipal ordinance relating to operating a vehicle with a prohibited concentration of alcohol in the blood, breath or urine, Ohio R.C. 2903.04 in a case in which the offender was subject to the sanctions described in Division (D) of that section, or of Ohio R.C. 2903.06, 2903.07 or 2903.08 or a municipal ordinance that is substantially similar to Ohio R.C. 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of sixty consecutive days and may sentence the offender to a longer definite term of imprisonment of not more than one year. In addition, the court shall impose upon the offender a fine of not less than seven hundred fifty dollars ($750.00) nor more than ten thousand dollars ($10,000). In addition to any other sentence that it imposes upon the offender, the court shall require the person to attend an alcohol and drug addiction program authorized by Ohio R.C. 3793.02. The cost of . the treatment shall be paid by the offender. If the court determines that the offender is unable to pay the cost of his attendance at the treatment program, the court may order that payment of the cost of the offender's attendance at the treatment program be made from the court's indigent drivers alcohol treatment fund. (5) A. Except as provided in paragraph (5)B. hereof, upon a showing that imprisonment would seriously affect the ability of an offender sentenced pursuant to paragraphs (1) to (4) hereof to continue his employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served the three, ten, thirty or sixty consecutive days of imprisonment that the court is required by paragraphs (1) to (4) hereof to_ impose. No court shall authorize work release from imprisonment during the three, ten, thirty or sixty consecutive days of imprisonment that the court is required by paragraphs (1) to (4) hereof to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment and the time actually spent under employment. B. An offender who is sentenced pursuant to paragraph (2) or (3) hereof to a term of imprisonment followed by a period of electronically monitored house arrest is not eligible for work release from imprisonment, but that person shall be permitted work release during the period of electronically monitored house arrest. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and his home or other place specified by the sentencing court and the time actually spent under emplbyment. 1994 Replacement