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333.01 TRAFFIC CODE 52D <br />(h) General OVI Penaltv. <br />(1) Whoever violates any provision of subsections (a)(1)A. to I. or (a)(2) of this <br />section is guilty of operating a vehicle under the influence of alcohol, a <br />drug of abuse, or a combination of them. Whoever violates subsection <br />(a)(1)J. of this section is guilty of operating a vehicle while under the <br />influence of a listed. controlled substance or a listed metabolite of a <br />controlled substance. The court shall sentence the offender for either <br />offense under Ohio R.C. Chapter 2929, and this Traffic Code, except as <br />otherwise authorized or required by subsections (h)(1)A. to E. of this <br />section: <br />A. Except as otherwise provided in subsections (h)(1)B., C., D. or E. <br />of this section, the offender is guilty of a misdemeanor of the first <br />degree, and the court shall sentence the offender to all of the <br />following: <br />1. If the sentence is being imposed for a violation of <br />subsections (a)(1)A., B., C., D., E., or J. of this section, a <br />mandatory jail term of three consecutive days. As used in <br />this subsection, three consecutive days means seventy-two <br />consecutive hours. The court may sentence an offender to <br />both an intervention program and a jail term. The court <br />may impose a jail term in addition to the three-day <br />mandatory jail term or intervention program. However, in <br />no case shall the cumulative jail term imposed for the <br />offense exceed six months. <br />The court may suspend the execution of the three-day jail <br />term under this subsection if the court, in lieu of that <br />suspended term, places the offender under a community <br />control sanction pursuant to Ohio R. C. 2929.25 and requires <br />the offender to attend, for three consecutive days, a drivers' <br />intervention program certified under Ohio R.C. 3793.10. <br />The court also may suspend the execution of any part of the <br />three-day jail term under this subsection if it places the <br />offender under a community control sanction pursuant to <br />Ohio R.C. 2929.25 for part of the three days, requires the <br />offender to attend for the suspended part of the term a <br />drivers' intervention program so certified, and sentences the <br />offender to a jail term equal to the remainder of the three <br />consecutive days that the offender does not spend attending <br />the program. The court may require the offender, as a <br />condition of community control and in addition to the <br />required attendance at a drivers' intervention program, to <br />attend and satisfactorily complete any treatment or education <br />programs that comply with the minunum standards adopted <br />pursuant to Ohio R.C. Chapter 3793 by the Director of <br />Alcohol and Drug Addiction Services that the operators of <br />the drivers' intervention program determine that the offender <br />should attend and to report periodically to the court on the <br />offender's progress in the programs. The court also may <br />impose on the offender any other conditions of community <br />control that it considers necessary. <br />2006 Replacement