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335.99 .TRAFFIC CODE 64D <br />B. If, within five years of the offense, the offender has been <br />convicted of or pleaded guilty to one violation of Ohio R.C. <br />4507.02(D)(2) or a municipal ordinance that is substantially <br />equivalent to that division, driving under OMVI suspension or <br />revocation is a misdemeanor, and the court shall sentence the <br />offender to a term of imprisonment of not less than ten consecutive <br />days and may sentence the offender to a longer definite term of <br />imprisonment of not more than one year. As an alternative to the <br />term of imprisonment required to be imposed by this paragraph, <br />but subject to paragraph (5)E. hereof, the court may sentence the <br />offender to a term of not less than ninety consecutive days of <br />electronically monitored house arrest as defined in Ohio R.C. <br />2929.23(A)(4). The period of electronically monitored house <br />arrest shall not exceed one year. In addition, the court shall <br />impose upon the offender a fine of not less than five hundred <br />dollars ($500.00) and not more than two thousand five hundred <br />dollars ($2,500). <br />C. If, within five years of the offense, the offender has been <br />convicted of or pleaded guilty to two or more violations of Ohio <br />R.C. 4507.02(D)(2) or a municipal ordinance that is substantially <br />equivalent to that division, driving under OMVI suspension or <br />revocation is a misdemeanor. The court shall sentence the <br />offender to a term of imprisonment of not less than thirty <br />consecutive days and may sentence the offender to a longer <br />defmite term or imprisonment of not more than one year. The <br />court shall not sentence the offender to a term of electronically <br />monitored house arrest as defined in Ohio R.C. 2929.23(A)(4). <br />In addition, the court shall impose upon the offender a fine of not <br />less than five hundred dollars ($500.00) and not more than two <br />thousand five hundred dollars ($2,500). <br />D. In addition to or independent of all other penalties provided <br />by 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 />E. No court shall impose the alternative sentence of not less <br />than thirty consecutive days of electronically monitored house <br />arrest permitted to be imposed by paragraph (5)A. hereof, or the <br />alternative sentence of a term of not less than ninety .consecutive <br />days of electronically monitored house arrest permitted to be <br />imposed by paragraph (5)B. hereof, unless within sixty days of the <br />date of sentencing, the court issues a written fmding, entered into <br />the record, that, due to the unavailability of space at the <br />incarceration facility where the offender is required to serve the <br />term of imprisonment imposed upon the offender, the offender will <br />not be able to begin servmg that term of imprisonment within the <br />sixty-day period following the date of sentencing. If the court <br />issues such a fmding, the court may impose the alternative <br />sentence comprised of or including electronically monitored house <br />arrest permitted to be imposed by paragraph (5)A. or B. hereof. <br />1999 Replacement <br />