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64A <br />Licensing; Accidents 335.99 <br />to the term of imprisonment required to be imposed by this <br />paragraph, but subject to paragraph (5)Eo hereof, the court m ay <br />sentence the offender to a term of not less than thirty <br />consecutive days of electronically monitored house arrest as <br />defined in Ohio R.C. 2929.23(A)(4). The period of electronically <br />monitored house arrest shall not exceed six months. In addition, <br />the court shall impose upon the offender a fine of not less than <br />two hundred fifty dollars ($250.00) and not more than one thousand <br />dollars ($1,000). <br />B. If, within five years of the offense, the offender has been convicted <br />of or pleaded guilty to one violation of Ohio R.C. 4507.02(D)(2) or <br />a municipal ordinance that is substantially equivalent to that division, <br />driving under OMVI suspension or revocation is a misdemeanor, and <br />the court shall sentence the offender to a term of imprisonment of <br />not less than ten consecutive days and may sentence the offender <br />to a longer definite term of imprisonment of not more than one year. As <br />an alternative to the term of imprisonment required to be imposed <br />by this paragraph, but subject to paragraph (5)E. hereof, the court <br />may sentence the offender to a term of not less than ninety <br />consecutive days of electronically monitored house arrest as <br />defined in Ohio R.C. 2929.23(A)(4). The period of electronically <br />monitored house arrest shall not exceed one year. In addition, <br />the court shall impose upon the offender a fine of not less than <br />five hundred dollars ($500.00) and not more than two thousand <br />five hundred dollars ($2,500). <br />C. If, within five years of the offense, the offender has been convicted <br />of or pleaded guilty to two or more violations of Ohio R.C. <br />4507.02(D)(2) or a municipal ordinance that is substantially equiva- <br />lent to that division, driving under OMVI suspension or revocation <br />is a misdemeanor. The court shall sentence the offender to a term <br />of imprisonment of not less than thirty consecutive days and may <br />sentence the offender to a longer definite term of imprisonment <br />of not more than one year. The court shall not sentence the <br />offender to a term of electronically monitored house arrest as defined <br />in Ohio R.C. 2929.23(A)(4). In addition, the court shall impose <br />upon the offender a fine of not less than five hundred dollars <br />($500.00) and not more than two thousand five hundred dollars <br />($2,500). <br />D. In addition to or independent of all other penalties provided bY <br />law or ordinance, the judge shall suspend for a period not to <br />. exceed one year the driver's or ' commercial driver's license or <br />permit or nonresident operating privilege of an offender who is <br />sentenced under Section (a)(5)A. to C. hereof. <br />1994 Replacement.