REPRESENTATIVES Setzer, Faber, White, Carmichael, Webster, Lendrum

To amend section 4511.99 of the Revised Code to allow

1

nonprofit alcohol awareness programs and agencies

2

to utilize a percentage of fines imposed for

3

certain violations to inform the public of the laws

4

governing the operation of a motor vehicle while

5

under the influence of alcohol and other related

6

information.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4511.99 of the Revised Code be	8
amended to read as follows:	9

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	10
(3), or (4) of section 4511.19 of the Revised Code, in addition to	11
the license suspension or revocation provided in section 4507.16	12
of the Revised Code and any disqualification imposed under section	13
4506.16 of the Revised Code, shall be punished as provided in	14
division (A)(1), (2), (3), or (4) of this section. Whoever	15
violates division (A)(5), (6), or (7) of section 4511.19 of the	16
Revised Code, in addition to the license suspension or revocation	17
provided in section 4507.16 of the Revised Code and any	18
disqualification imposed under section 4506.16 of the Revised	19
Code, shall be punished as provided in division (A)(5), (6), (7),	20
or (8) of this section.	21

(1) Except as otherwise provided in division (A)(2), (3), or	22
(4) of this section, the offender is guilty of a misdemeanor of	23
the first degree and the court shall sentence the offender to a	24
term of imprisonment of three consecutive days and may sentence	25
the offender pursuant to section 2929.21 of the Revised Code to a	26
longer term of imprisonment. In addition, the court shall impose	27
upon the offender a fine of not less than two hundred fifty and	28
not more than one thousand dollars.	29

The court may suspend the execution of the mandatory three	30
consecutive days of imprisonment that it is required to impose by	31
this division, if the court, in lieu of the suspended term of	32
imprisonment, places the offender on probation and requires the	33
offender to attend, for three consecutive days, a drivers'	34
intervention program that is certified pursuant to section 3793.10	35
of the Revised Code. The court also may suspend the execution of	36
any part of the mandatory three consecutive days of imprisonment	37
that it is required to impose by this division, if the court	38
places the offender on probation for part of the three consecutive	39
days; requires the offender to attend, for that part of the three	40
consecutive days, a drivers' intervention program that is	41
certified pursuant to section 3793.10 of the Revised Code; and	42
sentences the offender to a term of imprisonment equal to the	43
remainder of the three consecutive days that the offender does not	44
spend attending the drivers' intervention program. The court may	45
require the offender, as a condition of probation, to attend and	46
satisfactorily complete any treatment or education programs that	47
comply with the minimum standards adopted pursuant to Chapter	48
3793. of the Revised Code by the director of alcohol and drug	49
addiction services, in addition to the required attendance at a	50
drivers' intervention program, that the operators of the drivers'	51
intervention program determine that the offender should attend and	52
to report periodically to the court on the offender's progress in	53
the programs. The court also may impose any other conditions of	54
probation on the offender that it considers necessary.	55

Of the fine imposed pursuant to this division, twenty-five	56
dollars shall be paid to an enforcement and education fund	57
established by the legislative authority of the law enforcement	58
agency in this state that primarily was responsible for the arrest	59
of the offender, as determined by the court that imposes the fine.	60
This share shall be used by the law enforcement agency to pay only	61
those costs it incurs in enforcing section 4511.19 of the Revised	62
Code or a substantially similar municipal ordinance and by the law	63
enforcement agency and nonprofit alcohol awareness programs and	64
agencies in informing the public of the laws governing the	65
operation of a motor vehicle while under the influence of alcohol,	66
the dangers of operating a motor vehicle while under the influence	67
of alcohol, and other information relating to the operation of a	68
motor vehicle and the consumption of alcoholic beverages. Fifty	69
dollars of the fine imposed pursuant to this division shall be	70
paid to the political subdivision that pays the cost of housing	71
the offender during the offender's term of incarceration to the	72
credit of the fund that pays the cost of the incarceration. If	73
the offender was confined as a result of the offense prior to	74
being sentenced for the offense but is not sentenced to a term of	75
incarceration, the fifty dollars shall be paid to the political	76
subdivision that paid the cost of housing the offender during that	77
period of confinement. The political subdivision shall use this	78
share to pay or reimburse incarceration or treatment costs it	79
incurs in housing or providing drug and alcohol treatment to	80
persons who violate section 4511.19 of the Revised Code or a	81
substantially similar municipal ordinance and to pay for ignition	82
interlock devices and electronic house arrest equipment for	83
persons who violate that section. Twenty-five dollars of the fine	84
imposed pursuant to this division shall be deposited into the	85
county indigent drivers alcohol treatment fund or municipal	86
indigent drivers alcohol treatment fund under the control of that	87
court, as created by the county or municipal corporation pursuant	88
to division (N) of section 4511.191 of the Revised Code. The	89
balance of the fine shall be disbursed as otherwise provided by	90
law.	91

(2)(a) Except as otherwise provided in division (A)(4) of	92
this section, the offender is guilty of a misdemeanor of the first	93
degree, and, except as provided in this division, the court shall	94
sentence the offender to a term of imprisonment of ten consecutive	95
days and may sentence the offender pursuant to section 2929.21 of	96
the Revised Code to a longer term of imprisonment if, within six	97
years of the offense, the offender has been convicted of or	98
pleaded guilty to one violation of the following:	99

(i) Division (A) or (B) of section 4511.19 of the Revised	100
Code;	101

(ii) A municipal ordinance relating to operating a vehicle	102
while under the influence of alcohol, a drug of abuse, or alcohol	103
and a drug of abuse;	104

(iii) A municipal ordinance relating to operating a vehicle	105
with a prohibited concentration of alcohol in the blood, breath,	106
or urine;	107

(iv) Section 2903.04 of the Revised Code in a case in which	108
the offender was subject to the sanctions described in division	109
(D) of that section;	110

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	111
section 2903.08 of the Revised Code or a municipal ordinance that	112
is substantially similar to either of those divisions;	113

(vi) Division (A)(2), (3), or (4) of section 2903.06,	114
division (A)(2) of section 2903.08, or former section 2903.07 of	115
the Revised Code, or a municipal ordinance that is substantially	116
similar to any of those divisions or that former section, in a	117
case in which the jury or judge found that the offender was under	118
the influence of alcohol, a drug of abuse, or alcohol and a drug	119
of abuse;	120

(vii) A statute of the United States or of any other state	121
or a municipal ordinance of a municipal corporation located in any	122
other state that is substantially similar to division (A) or (B)	123
of section 4511.19 of the Revised Code.	124

As an alternative to the term of imprisonment required to be	125
imposed by this division, but subject to division (A)(12) of this	126
section, the court may impose upon the offender a sentence	127
consisting of both a term of imprisonment of five consecutive days	128
and not less than eighteen consecutive days of electronically	129
monitored house arrest as defined in division (A) of section	130
2929.23 of the Revised Code. The five consecutive days of	131
imprisonment and the period of electronically monitored house	132
arrest shall not exceed six months. The five consecutive days of	133
imprisonment do not have to be served prior to or consecutively	134
with the period of electronically monitored house arrest.	135

In addition, the court shall impose upon the offender a fine	136
of not less than three hundred fifty and not more than one	137
thousand five hundred dollars.	138

In addition to any other sentence that it imposes upon the	139
offender, the court may require the offender to attend a drivers'	140
intervention program that is certified pursuant to section 3793.10	141
of the Revised Code. If the officials of the drivers'	142
intervention program determine that the offender is alcohol	143
dependent, they shall notify the court, and the court shall order	144
the offender to obtain treatment through an alcohol and drug	145
addiction program authorized by section 3793.02 of the Revised	146
Code. The cost of the treatment shall be paid by the offender.	147

Of the fine imposed pursuant to this division, thirty-five	148
dollars shall be paid to an enforcement and education fund	149
established by the legislative authority of the law enforcement	150
agency in this state that primarily was responsible for the arrest	151
of the offender, as determined by the court that imposes the fine.	152
This share shall be used by the law enforcement agency to pay only	153
those costs it incurs in enforcing section 4511.19 of the Revised	154
Code or a substantially similar municipal ordinance and by the law	155
enforcement agency and nonprofit alcohol awareness programs and	156
agencies in informing the public of the laws governing the	157
operation of a motor vehicle while under the influence of alcohol,	158
the dangers of operating a motor vehicle while under the influence	159
of alcohol, and other information relating to the operation of a	160
motor vehicle and the consumption of alcoholic beverages. One	161
hundred fifteen dollars of the fine imposed pursuant to this	162
division shall be paid to the political subdivision that pays the	163
cost of housing the offender during the offender's term of	164
incarceration. This share shall be used by the political	165
subdivision to pay or reimburse incarceration or treatment costs	166
it incurs in housing or providing drug and alcohol treatment to	167
persons who violate section 4511.19 of the Revised Code or a	168
substantially similar municipal ordinance and to pay for ignition	169
interlock devices and electronic house arrest equipment for	170
persons who violate that section, and shall be paid to the credit	171
of the fund that pays the cost of the incarceration. Fifty	172
dollars of the fine imposed pursuant to this division shall be	173
deposited into the county indigent drivers alcohol treatment fund	174
or municipal indigent drivers alcohol treatment fund under the	175
control of that court, as created by the county or municipal	176
corporation pursuant to division (N) of section 4511.191 of the	177
Revised Code. The balance of the fine shall be disbursed as	178
otherwise provided by law.	179

(b) Regardless of whether the vehicle the offender was	180
operating at the time of the offense is registered in the	181
offender's name or in the name of another person, the court, in	182
addition to the penalties imposed under division (A)(2)(a) of this	183
section and all other penalties provided by law and subject to	184
section 4503.235 of the Revised Code, shall order the	185
immobilization for ninety days of the vehicle the offender was	186
operating at the time of the offense and the impoundment for	187
ninety days of the identification license plates of that vehicle.	188
The order for the immobilization and impoundment shall be issued	189
and enforced in accordance with section 4503.233 of the Revised	190
Code.	191

(3)(a) Except as otherwise provided in division (A)(4) of	192
this section and except as provided in this division, if, within	193
six years of the offense, the offender has been convicted of or	194
pleaded guilty to two violations identified in division (A)(2) of	195
this section, the court shall sentence the offender to a term of	196
imprisonment of thirty consecutive days and may sentence the	197
offender to a longer definite term of imprisonment of not more	198
than one year. As an alternative to the term of imprisonment	199
required to be imposed by this division, but subject to division	200
(A)(12) of this section, the court may impose upon the offender a	201
sentence consisting of both a term of imprisonment of fifteen	202
consecutive days and not less than fifty-five consecutive days of	203
electronically monitored house arrest as defined in division (A)	204
of section 2929.23 of the Revised Code. The fifteen consecutive	205
days of imprisonment and the period of electronically monitored	206
house arrest shall not exceed one year. The fifteen consecutive	207
days of imprisonment do not have to be served prior to or	208
consecutively with the period of electronically monitored house	209
arrest.	210

In addition, the court shall impose upon the offender a fine	211
of not less than five hundred fifty and not more than two thousand	212
five hundred dollars.	213

In addition to any other sentence that it imposes upon the	214
offender, the court shall require the offender to attend an	215
alcohol and drug addiction program authorized by section 3793.02	216
of the Revised Code. The cost of the treatment shall be paid by	217
the offender. If the court determines that the offender is unable	218
to pay the cost of attendance at the treatment program, the court	219
may order that payment of the cost of the offender's attendance at	220
the treatment program be made from that court's indigent drivers	221
alcohol treatment fund.	222

Of the fine imposed pursuant to this division, one hundred	223
twenty-three dollars shall be paid to an enforcement and education	224
fund established by the legislative authority of the law	225
enforcement agency in this state that primarily was responsible	226
for the arrest of the offender, as determined by the court that	227
imposes the fine. This share shall be used by the law enforcement	228
agency to pay only those costs it incurs in enforcing section	229
4511.19 of the Revised Code or a substantially similar municipal	230
ordinance and by the law enforcement agency and nonprofit alcohol	231
awareness programs and agencies in informing the public of the	232
laws governing the operation of a motor vehicle while under the	233
influence of alcohol, the dangers of operating a motor vehicle	234
while under the influence of alcohol, and other information	235
relating to the operation of a motor vehicle and the consumption	236
of alcoholic beverages. Two hundred seventy-seven dollars of the	237
fine imposed pursuant to this division shall be paid to the	238
political subdivision that pays the cost of housing the offender	239
during the offender's term of incarceration. This share shall be	240
used by the political subdivision to pay or reimburse	241
incarceration or treatment costs it incurs in housing or providing	242
drug and alcohol treatment to persons who violate section 4511.19	243
of the Revised Code or a substantially similar municipal ordinance	244
and to pay for ignition interlock devices and electronic house	245
arrest equipment for persons who violate that section and shall be	246
paid to the credit of the fund that pays the cost of	247
incarceration. The balance of the fine shall be disbursed as	248
otherwise provided by law.	249

(b) Regardless of whether the vehicle the offender was	250
operating at the time of the offense is registered in the	251
offender's name or in the name of another person, the court, in	252
addition to the penalties imposed under division (A)(3)(a) of this	253
section and all other penalties provided by law and subject to	254
section 4503.235 of the Revised Code, shall order the criminal	255
forfeiture to the state of the vehicle the offender was operating	256
at the time of the offense. The order of criminal forfeiture	257
shall be issued and enforced in accordance with section 4503.234	258
of the Revised Code.	259

(4)(a)(i) If, within six years of the offense, the offender	260
has been convicted of or pleaded guilty to three or more	261
violations identified in division (A)(2) of this section, and if	262
sentence is not required to be imposed under division	263
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	264
of the fourth degree and, notwithstanding division (A)(4) of	265
section 2929.14 of the Revised Code, may be sentenced to a	266
definite prison term that shall be not less than six months and	267
not more than thirty months. The court shall sentence the	268
offender in accordance with sections 2929.11 to 2929.19 of the	269
Revised Code and shall impose as part of the sentence either a	270
mandatory term of local incarceration of sixty consecutive days of	271
imprisonment in accordance with division (G)(1) of section 2929.13	272
of the Revised Code or a mandatory prison term of sixty	273
consecutive days of imprisonment in accordance with division	274
(G)(2) of that section. If the court requires the offender to	275
serve a mandatory term of local incarceration of sixty consecutive	276
days of imprisonment in accordance with division (G)(1) of section	277
2929.13 of the Revised Code, the court, pursuant to section	278
2929.17 of the Revised Code, may impose upon the offender a	279
sentence that includes a term of electronically monitored house	280
arrest, provided that the term of electronically monitored house	281
arrest shall not commence until after the offender has served the	282
mandatory term of local incarceration.	283

(ii) If the offender previously has been convicted of or	284
pleaded guilty to a violation of division (A) of section 4511.19	285
of the Revised Code under circumstances in which the violation was	286
a felony, regardless of when the prior violation and the prior	287
conviction or guilty plea occurred, the offender is guilty of a	288
felony of the third degree. The court shall sentence the offender	289
in accordance with sections 2929.11 to 2929.19 of the Revised Code	290
and shall impose as part of the sentence a mandatory prison term	291
of sixty consecutive days of imprisonment in accordance with	292
division (G)(2) of section 2929.13 of the Revised Code.	293

(iii) In addition to all other sanctions imposed on an	294
offender under division (A)(4)(a)(i) or (ii) of this section, the	295
court shall impose upon the offender, pursuant to section 2929.18	296
of the Revised Code, a fine of not less than eight hundred nor	297
more than ten thousand dollars.	298

In addition to any other sanction that it imposes upon the	299
offender under division (A)(4)(a)(i) or (ii) of this section, the	300
court shall require the offender to attend an alcohol and drug	301
addiction program authorized by section 3793.02 of the Revised	302
Code. The cost of the treatment shall be paid by the offender. If	303
the court determines that the offender is unable to pay the cost	304
of attendance at the treatment program, the court may order that	305
payment of the cost of the offender's attendance at the treatment	306
program be made from the court's indigent drivers alcohol	307
treatment fund.	308

Of the fine imposed pursuant to this division, two hundred	309
ten dollars shall be paid to an enforcement and education fund	310
established by the legislative authority of the law enforcement	311
agency in this state that primarily was responsible for the arrest	312
of the offender, as determined by the court that imposes the fine.	313
This share shall be used by the law enforcement agency to pay only	314
those costs it incurs in enforcing section 4511.19 of the Revised	315
Code or a substantially similar municipal ordinance and by the law	316
enforcement agency and nonprofit alcohol awareness programs and	317
agencies in informing the public of the laws governing operation	318
of a motor vehicle while under the influence of alcohol, the	319
dangers of operation of a motor vehicle while under the influence	320
of alcohol, and other information relating to the operation of a	321
motor vehicle and the consumption of alcoholic beverages. Four	322
hundred forty dollars of the fine imposed pursuant to this	323
division shall be paid to the political subdivision that pays the	324
cost of housing the offender during the offender's term of	325
incarceration. This share shall be used by the political	326
subdivision to pay or reimburse incarceration or treatment costs	327
it incurs in housing or providing drug and alcohol treatment to	328
persons who violate section 4511.19 of the Revised Code or a	329
substantially similar municipal ordinance and to pay for ignition	330
interlock devices and electronic house arrest equipment for	331
persons who violate that section, and shall be paid to the credit	332
of the fund that pays the cost of incarceration. The balance of	333
the fine shall be disbursed as otherwise provided by law.	334

(b) Regardless of whether the vehicle the offender was	335
operating at the time of the offense is registered in the	336
offender's name or in the name of another person, the court, in	337
addition to the sanctions imposed under division (A)(4)(a) of this	338
section and all other sanctions provided by law and subject to	339
section 4503.235 of the Revised Code, shall order the criminal	340
forfeiture to the state of the vehicle the offender was operating	341
at the time of the offense. The order of criminal forfeiture	342
shall be issued and enforced in accordance with section 4503.234	343
of the Revised Code.	344

(c) As used in division (A)(4)(a) of this section,	345
"mandatory prison term" and "mandatory term of local	346
incarceration" have the same meanings as in section 2929.01 of the	347
Revised Code.	348

If title to a motor vehicle that is subject to an order for	349
criminal forfeiture under this section is assigned or transferred	350
and division (C)(2) or (3) of section 4503.234 of the Revised Code	351
applies, in addition to or independent of any other penalty	352
established by law, the court may fine the offender the value of	353
the vehicle as determined by publications of the national auto	354
dealer's association. The proceeds from any fine imposed under	355
this division shall be distributed in accordance with division	356
(D)(4) of section 4503.234 of the Revised Code.	357

(5)(a) Except as otherwise provided in division (A)(6), (7),	358
or (8) of this section, the offender is guilty of a misdemeanor of	359
the first degree, and the court shall sentence the offender to one	360
of the following:	361

(i) A term of imprisonment of at least three consecutive	362
days and a requirement that the offender attend, for three	363
consecutive days, a drivers' intervention program that is	364
certified pursuant to section 3793.10 of the Revised Code;	365

(ii) If the court determines that the offender is not	366
conducive to treatment in the program, if the offender refuses to	367
attend the program, or if the place of imprisonment can provide a	368
drivers' intervention program, a term of imprisonment of at least	369
six consecutive days.	370

(b) In addition, the court shall impose upon the offender a	371
fine of not less than two hundred fifty and not more than one	372
thousand dollars.	373

The court may require the offender, as a condition of	374
probation, to attend and satisfactorily complete any treatment or	375
education programs that comply with the minimum standards adopted	376
pursuant to Chapter 3793. of the Revised Code by the director of	377
alcohol and drug addiction services, in addition to the required	378
attendance at a drivers' intervention program, that the operators	379
of the drivers' intervention program determine that the offender	380
should attend and to report periodically to the court on the	381
offender's progress in the programs. The court also may impose	382
any other conditions of probation on the offender that it	383
considers necessary.	384

Of the fine imposed pursuant to this division, twenty-five	385
dollars shall be paid to an enforcement and education fund	386
established by the legislative authority of the law enforcement	387
agency in this state that primarily was responsible for the arrest	388
of the offender, as determined by the court that imposes the fine.	389
The law enforcement agency shall use this share to pay only those	390
costs it incurs in enforcing section 4511.19 of the Revised Code	391
or a substantially similar municipal ordinance and by the law	392
enforcement agency and nonprofit alcohol awareness programs and	393
agencies in informing the public of the laws governing the	394
operation of a motor vehicle while under the influence of alcohol,	395
the dangers of operating a motor vehicle while under the influence	396
of alcohol, and other information relating to the operation of a	397
motor vehicle and the consumption of alcoholic beverages. Fifty	398
dollars of the fine imposed pursuant to this division shall be	399
paid to the political subdivision that pays the cost of housing	400
the offender during the offender's term of incarceration to the	401
credit of the fund that pays the cost of the incarceration. The	402
political subdivision shall use this share to pay or reimburse	403
incarceration or treatment costs it incurs in housing or providing	404
drug and alcohol treatment to persons who violate section 4511.19	405
of the Revised Code or a substantially similar municipal ordinance	406
and to pay for ignition interlock devices and electronic house	407
arrest equipment for persons who violate that section.	408
Twenty-five dollars of the fine imposed pursuant to this division	409
shall be deposited into the county indigent drivers alcohol	410
treatment fund or municipal indigent drivers alcohol treatment	411
fund under the control of that court, as created by the county or	412
municipal corporation pursuant to division (N) of section 4511.191	413
of the Revised Code. The balance of the fine shall be disbursed	414
as otherwise provided by law.	415

(6)(a) Except as otherwise provided in division (A)(8) of	416
this section and except as provided in this division, if, within	417
six years of the offense, the offender has been convicted of or	418
pleaded guilty to one violation of division (A) or (B) of section	419
4511.19 of the Revised Code, a municipal ordinance relating to	420
operating a vehicle while under the influence of alcohol, a drug	421
of abuse, or alcohol and a drug of abuse, a municipal ordinance	422
relating to operating a vehicle with a prohibited concentration of	423
alcohol in the blood, breath, or urine, section 2903.04 of the	424
Revised Code in a case in which the offender was subject to the	425
sanctions described in division (D) of that section, section	426
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	427
ordinance that is substantially similar to section 2903.07 of the	428
Revised Code in a case in which the jury or judge found that the	429
offender was under the influence of alcohol, a drug of abuse, or	430
alcohol and a drug of abuse, or a statute of the United States or	431
of any other state or a municipal ordinance of a municipal	432
corporation located in any other state that is substantially	433
similar to division (A) or (B) of section 4511.19 of the Revised	434
Code, the offender is guilty of a misdemeanor of the first degree,	435
and the court shall sentence the offender to a term of	436
imprisonment of twenty consecutive days and may sentence the	437
offender pursuant to section 2929.21 of the Revised Code to a	438
longer term of imprisonment. As an alternative to the term of	439
imprisonment required to be imposed by this division, but subject	440
to division (A)(12) of this section, the court may impose upon the	441
offender a sentence consisting of both a term of imprisonment of	442
ten consecutive days and not less than thirty-six consecutive days	443
of electronically monitored house arrest as defined in division	444
(A) of section 2929.23 of the Revised Code. The ten consecutive	445
days of imprisonment and the period of electronically monitored	446
house arrest shall not exceed six months. The ten consecutive	447
days of imprisonment do not have to be served prior to or	448
consecutively with the period of electronically monitored house	449
arrest.	450

In addition, the court shall impose upon the offender a fine	451
of not less than three hundred fifty and not more than one	452
thousand five hundred dollars.	453

In addition to any other sentence that it imposes upon the	454
offender, the court may require the offender to attend a drivers'	455
intervention program that is certified pursuant to section 3793.10	456
of the Revised Code. If the officials of the drivers'	457
intervention program determine that the offender is alcohol	458
dependent, they shall notify the court, and the court shall order	459
the offender to obtain treatment through an alcohol and drug	460
addiction program authorized by section 3793.02 of the Revised	461
Code. The offender shall pay the cost of the treatment.	462

Of the fine imposed pursuant to this division, thirty-five	463
dollars shall be paid to an enforcement and education fund	464
established by the legislative authority of the law enforcement	465
agency in this state that primarily was responsible for the arrest	466
of the offender, as determined by the court that imposes the fine.	467
The law enforcement agency shall use this share to pay only those	468
costs it incurs in enforcing section 4511.19 of the Revised Code	469
or a substantially similar municipal ordinance and by the law	470
enforcement agency and nonprofit alcohol awareness programs and	471
agencies in informing the public of the laws governing the	472
operation of a motor vehicle while under the influence of alcohol,	473
the dangers of operating a motor vehicle while under the influence	474
of alcohol, and other information relating to the operation of a	475
motor vehicle and the consumption of alcoholic beverages. One	476
hundred fifteen dollars of the fine imposed pursuant to this	477
division shall be paid to the political subdivision that pays the	478
cost of housing the offender during the offender's term of	479
incarceration. The political subdivision shall use this share to	480
pay or reimburse incarceration or treatment costs it incurs in	481
housing or providing drug and alcohol treatment to persons who	482
violate section 4511.19 of the Revised Code or a substantially	483
similar municipal ordinance and to pay for ignition interlock	484
devices and electronic house arrest equipment for persons who	485
violate that section, and this share shall be paid to the credit	486
of the fund that pays the cost of the incarceration. Fifty	487
dollars of the fine imposed pursuant to this division shall be	488
deposited into the county indigent drivers alcohol treatment fund	489
or municipal indigent drivers alcohol treatment fund under the	490
control of that court, as created by the county or municipal	491
corporation pursuant to division (N) of section 4511.191 of the	492
Revised Code. The balance of the fine shall be disbursed as	493
otherwise provided by law.	494

(b) Regardless of whether the vehicle the offender was	495
operating at the time of the offense is registered in the	496
offender's name or in the name of another person, the court, in	497
addition to the penalties imposed under division (A)(6)(a) of this	498
section and all other penalties provided by law and subject to	499
section 4503.235 of the Revised Code, shall order the	500
immobilization for ninety days of the vehicle the offender was	501
operating at the time of the offense and the impoundment for	502
ninety days of the identification license plates of that vehicle.	503
The order for the immobilization and impoundment shall be issued	504
and enforced in accordance with section 4503.233 of the Revised	505
Code.	506

(7)(a) Except as otherwise provided in division (A)(8) of	507
this section and except as provided in this division, if, within	508
six years of the offense, the offender has been convicted of or	509
pleaded guilty to two violations of division (A) or (B) of section	510
4511.19 of the Revised Code, a municipal ordinance relating to	511
operating a vehicle while under the influence of alcohol, a drug	512
of abuse, or alcohol and a drug of abuse, a municipal ordinance	513
relating to operating a vehicle with a prohibited concentration of	514
alcohol in the blood, breath, or urine, section 2903.04 of the	515
Revised Code in a case in which the offender was subject to the	516
sanctions described in division (D) of that section, section	517
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	518
ordinance that is substantially similar to section 2903.07 of the	519
Revised Code in a case in which the jury or judge found that the	520
offender was under the influence of alcohol, a drug of abuse, or	521
alcohol and a drug of abuse, or a statute of the United States or	522
of any other state or a municipal ordinance of a municipal	523
corporation located in any other state that is substantially	524
similar to division (A) or (B) of section 4511.19 of the Revised	525
Code, the court shall sentence the offender to a term of	526
imprisonment of sixty consecutive days and may sentence the	527
offender to a longer definite term of imprisonment of not more	528
than one year. As an alternative to the term of imprisonment	529
required to be imposed by this division, but subject to division	530
(A)(12) of this section, the court may impose upon the offender a	531
sentence consisting of both a term of imprisonment of thirty	532
consecutive days and not less than one hundred ten consecutive	533
days of electronically monitored house arrest as defined in	534
division (A) of section 2929.23 of the Revised Code. The thirty	535
consecutive days of imprisonment and the period of electronically	536
monitored house arrest shall not exceed one year. The thirty	537
consecutive days of imprisonment do not have to be served prior to	538
or consecutively with the period of electronically monitored house	539
arrest.	540

In addition, the court shall impose upon the offender a fine	541
of not less than five hundred fifty and not more than two thousand	542
five hundred dollars.	543

In addition to any other sentence that it imposes upon the	544
offender, the court shall require the offender to attend an	545
alcohol and drug addiction program authorized by section 3793.02	546
of the Revised Code. The offender shall pay the cost of the	547
treatment. If the court determines that the offender is unable to	548
pay the cost of attendance at the treatment program, the court may	549
order that payment of the cost of the offender's attendance at the	550
treatment program be made from that court's indigent drivers	551
alcohol treatment fund.	552

Of the fine imposed pursuant to this division, one hundred	553
twenty-three dollars shall be paid to an enforcement and education	554
fund established by the legislative authority of the law	555
enforcement agency in this state that primarily was responsible	556
for the arrest of the offender, as determined by the court that	557
imposes the fine. The law enforcement agency shall use this share	558
to pay only those costs it incurs in enforcing section 4511.19 of	559
the Revised Code or a substantially similar municipal ordinance	560
and by the law enforcement agency and nonprofit alcohol awareness	561
programs and agencies in informing the public of the laws	562
governing the operation of a motor vehicle while under the	563
influence of alcohol, the dangers of operating a motor vehicle	564
while under the influence of alcohol, and other information	565
relating to the operation of a motor vehicle and the consumption	566
of alcoholic beverages. Two hundred seventy-seven dollars of the	567
fine imposed pursuant to this division shall be paid to the	568
political subdivision that pays the cost of housing the offender	569
during the offender's term of incarceration. The political	570
subdivision shall use this share to pay or reimburse incarceration	571
or treatment costs it incurs in housing or providing drug and	572
alcohol treatment to persons who violate section 4511.19 of the	573
Revised Code or a substantially similar municipal ordinance and to	574
pay for ignition interlock devices and electronic house arrest	575
equipment for persons who violate that section, and this share	576
shall be paid to the credit of the fund that pays the cost of	577
incarceration. The balance of the fine shall be disbursed as	578
otherwise provided by law.	579

(b) Regardless of whether the vehicle the offender was	580
operating at the time of the offense is registered in the	581
offender's name or in the name of another person, the court, in	582
addition to the penalties imposed under division (A)(7)(a) of this	583
section and all other penalties provided by law and subject to	584
section 4503.235 of the Revised Code, shall order the	585
immobilization for one hundred eighty days of the vehicle the	586
offender was operating at the time of the offense and the	587
impoundment for one hundred eighty days of the identification	588
license plates of that vehicle. The order for the immobilization	589
and impoundment shall be issued and enforced in accordance with	590
section 4503.233 of the Revised Code.	591

(8)(a)(i) If, within six years of the offense, the offender	592
has been convicted of or pleaded guilty to three or more	593
violations of division (A) or (B) of section 4511.19 of the	594
Revised Code, a municipal ordinance relating to operating a	595
vehicle while under the influence of alcohol, a drug of abuse, or	596
alcohol and a drug of abuse, a municipal ordinance relating to	597
operating a vehicle with a prohibited concentration of alcohol in	598
the blood, breath, or urine, section 2903.04 of the Revised Code	599
in a case in which the offender was subject to the sanctions	600
described in division (D) of that section, section 2903.06,	601
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	602
that is substantially similar to section 2903.07 of the Revised	603
Code in a case in which the jury or judge found that the offender	604
was under the influence of alcohol, a drug of abuse, or alcohol	605
and a drug of abuse, or a statute of the United States or of any	606
other state or a municipal ordinance of a municipal corporation	607
located in any other state that is substantially similar to	608
division (A) or (B) of section 4511.19 of the Revised Code, and if	609
sentence is not required to be imposed under division	610
(A)(8)(a)(ii) of this section, the offender is guilty of a felony	611
of the fourth degree and, notwithstanding division (A)(4) of	612
section 2929.14 of the Revised Code, may be sentenced to a	613
definite prison term that shall be not less than six months and	614
not more than thirty months. The court shall sentence the	615
offender in accordance with sections 2929.11 to 2929.19 of the	616
Revised Code and shall impose as part of the sentence either a	617
mandatory term of local incarceration of one hundred twenty	618
consecutive days of imprisonment in accordance with division	619
(G)(1) of section 2929.13 of the Revised Code or a mandatory	620
prison term of one hundred twenty consecutive days of imprisonment	621
in accordance with division (G)(2) of that section. If the court	622
requires the offender to serve a mandatory term of local	623
incarceration of one hundred twenty consecutive days of	624
imprisonment in accordance with division (G)(1) of section 2929.13	625
of the Revised Code, the court, pursuant to section 2929.17 of the	626
Revised Code, may impose upon the offender a sentence that	627
includes a term of electronically monitored house arrest, provided	628
that the term of electronically monitored house arrest shall not	629
commence until after the offender has served the mandatory term of	630
local incarceration.	631

(ii) If the offender previously has been convicted of or	632
pleaded guilty to a violation of division (A) of section 4511.19	633
of the Revised Code under circumstances in which the violation was	634
a felony, regardless of when the prior violation and the prior	635
conviction or guilty plea occurred, the offender is guilty of a	636
felony of the third degree. The court shall sentence the offender	637
in accordance with sections 2929.11 to 2929.19 of the Revised Code	638
and shall impose as part of the sentence a mandatory prison term	639
of one hundred twenty consecutive days of imprisonment in	640
accordance with division (G)(2) of section 2929.13 of the Revised	641
Code.	642

(iii) In addition to all other sanctions imposed on an	643
offender under division (A)(8)(a)(i) or (ii) of this section, the	644
court shall impose upon the offender, pursuant to section 2929.18	645
of the Revised Code, a fine of not less than eight hundred nor	646
more than ten thousand dollars.	647

In addition to any other sanction that it imposes upon the	648
offender under division (A)(8)(a)(i) or (ii) of this section, the	649
court shall require the offender to attend an alcohol and drug	650
addiction program authorized by section 3793.02 of the Revised	651
Code. The cost of the treatment shall be paid by the offender. If	652
the court determines that the offender is unable to pay the cost	653
of attendance at the treatment program, the court may order that	654
payment of the cost of the offender's attendance at the treatment	655
program be made from the court's indigent drivers alcohol	656
treatment fund.	657

Of the fine imposed pursuant to this division, two hundred	658
ten dollars shall be paid to an enforcement and education fund	659
established by the legislative authority of the law enforcement	660
agency in this state that primarily was responsible for the arrest	661
of the offender, as determined by the court that imposes the fine.	662
The law enforcement agency shall use this share to pay only those	663
costs it incurs in enforcing section 4511.19 of the Revised Code	664
or a substantially similar municipal ordinance and by the law	665
enforcement agency and nonprofit alcohol awareness programs and	666
agencies in informing the public of the laws governing operation	667
of a motor vehicle while under the influence of alcohol, the	668
dangers of operation of a motor vehicle while under the influence	669
of alcohol, and other information relating to the operation of a	670
motor vehicle and the consumption of alcoholic beverages. Four	671
hundred forty dollars of the fine imposed pursuant to this	672
division shall be paid to the political subdivision that pays the	673
cost of housing the offender during the offender's term of	674
incarceration. The political subdivision shall use this share to	675
pay or reimburse incarceration or treatment costs it incurs in	676
housing or providing drug and alcohol treatment to persons who	677
violate section 4511.19 of the Revised Code or a substantially	678
similar municipal ordinance and to pay for ignition interlock	679
devices and electronic house arrest equipment for persons who	680
violate that section, and this share shall be paid to the credit	681
of the fund that pays the cost of incarceration. The balance of	682
the fine shall be disbursed as otherwise provided by law.	683

(b) Regardless of whether the vehicle the offender was	684
operating at the time of the offense is registered in the	685
offender's name or in the name of another person, the court, in	686
addition to the sanctions imposed under division (A)(8)(a) of this	687
section and all other sanctions provided by law and subject to	688
section 4503.235 of the Revised Code, shall order the criminal	689
forfeiture to the state of the vehicle the offender was operating	690
at the time of the offense. The order of criminal forfeiture	691
shall be issued and enforced in accordance with section 4503.234	692
of the Revised Code.	693

(c) As used in division (A)(8)(a) of this section,	694
"mandatory prison term" and "mandatory term of local	695
incarceration" have the same meanings as in section 2929.01 of the	696
Revised Code.	697

(d) If title to a motor vehicle that is subject to an order	698
for criminal forfeiture under this section is assigned or	699
transferred and division (C)(2) or (3) of section 4503.234 of the	700
Revised Code applies, in addition to or independent of any other	701
penalty established by law, the court may fine the offender the	702
value of the vehicle as determined by publications of the national	703
auto dealer's association. The proceeds from any fine imposed	704
under this division shall be distributed in accordance with	705
division (D)(4) of section 4503.234 of the Revised Code.	706

(9)(a) Except as provided in division (A)(9)(b) of this	707
section, upon a showing that imprisonment would seriously affect	708
the ability of an offender sentenced pursuant to division (A)(1),	709
(2), (3), (4), (5), (6), (7), or (8) of this section to continue	710
the offender's employment, the court may authorize that the	711
offender be granted work release from imprisonment after the	712
offender has served the three, six, ten, twenty, thirty, or sixty	713
consecutive days of imprisonment or the mandatory term of local	714
incarceration of sixty or one hundred twenty consecutive days that	715
the court is required by division (A)(1), (2), (3), (4), (5), (6),	716
(7), or (8) of this section to impose. No court shall authorize	717
work release from imprisonment during the three, six, ten, twenty,	718
thirty, or sixty consecutive days of imprisonment or the mandatory	719
term of local incarceration or mandatory prison term of sixty or	720
one hundred twenty consecutive days that the court is required by	721
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	722
section to impose. The duration of the work release shall not	723
exceed the time necessary each day for the offender to commute to	724
and from the place of employment and the place of imprisonment and	725
the time actually spent under employment.	726

(b) An offender who is sentenced pursuant to division	727
(A)(2), (3), (6), or (7) of this section to a term of imprisonment	728
followed by a period of electronically monitored house arrest is	729
not eligible for work release from imprisonment, but that person	730
shall be permitted work release during the period of	731
electronically monitored house arrest. The duration of the work	732
release shall not exceed the time necessary each day for the	733
offender to commute to and from the place of employment and the	734
offender's home or other place specified by the sentencing court	735
and the time actually spent under employment.	736

(10) Notwithstanding any section of the Revised Code that	737
authorizes the suspension of the imposition or execution of a	738
sentence, the placement of an offender in any treatment program in	739
lieu of imprisonment, or the use of a community control sanction	740
for an offender convicted of a felony, no court shall suspend the	741
ten, twenty, thirty, or sixty consecutive days of imprisonment	742
required to be imposed on an offender by division (A)(2), (3),	743
(6), or (7) of this section, no court shall place an offender who	744
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or	745
(8) of this section in any treatment program in lieu of	746
imprisonment until after the offender has served the ten, twenty,	747
thirty, or sixty consecutive days of imprisonment or the mandatory	748
term of local incarceration or mandatory prison term of sixty or	749
one hundred twenty consecutive days required to be imposed	750
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this	751
section, no court that sentences an offender under division (A)(4)	752
or (8) of this section shall impose any sanction other than a	753
mandatory term of local incarceration or mandatory prison term to	754
apply to the offender until after the offender has served the	755
mandatory term of local incarceration or mandatory prison term of	756
sixty or one hundred twenty consecutive days required to be	757
imposed pursuant to division (A)(4) or (8) of this section, and no	758
court that imposes a sentence of imprisonment and a period of	759
electronically monitored house arrest upon an offender under	760
division (A)(2), (3), (6), or (7) of this section shall suspend	761
any portion of the sentence or place the offender in any treatment	762
program in lieu of imprisonment or electronically monitored house	763
arrest. Notwithstanding any section of the Revised Code that	764
authorizes the suspension of the imposition or execution of a	765
sentence or the placement of an offender in any treatment program	766
in lieu of imprisonment, no court, except as specifically	767
authorized by division (A)(1) or (5) of this section, shall	768
suspend the three or more consecutive days of imprisonment	769
required to be imposed by division (A)(1) or (5) of this section	770
or place an offender who is sentenced pursuant to division (A)(1)	771
or (5) of this section in any treatment program in lieu of	772
imprisonment until after the offender has served the three or more	773
consecutive days of imprisonment required to be imposed pursuant	774
to division (A)(1) or (5) of this section.	775

(11) No court shall sentence an offender to an alcohol	776
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	777
(6), (7), or (8) of this section unless the treatment program	778
complies with the minimum standards adopted pursuant to Chapter	779
3793. of the Revised Code by the director of alcohol and drug	780
addiction services.	781

(12) No court shall impose the alternative sentence of a	782
term of imprisonment plus a term of electronically monitored house	783
arrest permitted to be imposed by division (A)(2), (3), (6), or	784
(7) of this section, unless within sixty days of the date of	785
sentencing, the court issues a written finding, entered into the	786
record, that due to the unavailability of space at the	787
incarceration facility where the offender is required to serve the	788
term of imprisonment imposed upon the offender, the offender will	789
not be able to commence serving the term of imprisonment within	790
the sixty-day period following the date of sentencing. If the	791
court issues such a written finding, the court may impose the	792
alternative sentence comprised of a term of imprisonment and a	793
term of electronically monitored house arrest permitted to be	794
imposed by division (A)(2), (3), (6), or (7) of this section.	795

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	796
of the Revised Code is guilty of a misdemeanor of the first	797
degree. The court, in addition to or independent of all other	798
penalties provided by law, may suspend for a period not to exceed	799
one year the driver's or commercial driver's license or permit or	800
nonresident operating privilege of any person who pleads guilty to	801
or is convicted of a violation of section 4511.192 of the Revised	802
Code.	803

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	804
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	805
guilty of one of the following:	806

(1) Except as otherwise provided in division (C)(2) of this	807
section, a minor misdemeanor.	808

(2) If the offender previously has been convicted of or	809
pleaded guilty to one or more violations of section 4511.63,	810
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	811
Revised Code or a municipal ordinance that is substantially	812
similar to any of those sections, a misdemeanor of the fourth	813
degree.	814

(D)(1) Whoever violates any provision of sections 4511.01 to	815
4511.76 or section 4511.84 of the Revised Code, for which no	816
penalty otherwise is provided in this section is guilty of one of	817
the following:	818

(a) Except as otherwise provided in division (D)(1)(b),	819
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	820

(b) If, within one year of the offense, the offender	821
previously has been convicted of or pleaded guilty to one	822
violation of any provision of sections 4511.01 to 4511.76 or	823
section 4511.84 of the Revised Code for which no penalty otherwise	824
is provided in this section or a municipal ordinance that is	825
substantially similar to any provision of sections 4511.01 to	826
4511.76 or section 4511.84 of the Revised Code for which no	827
penalty otherwise is provided in this section, a misdemeanor of	828
the fourth degree;	829

(c) If, within one year of the offense, the offender	830
previously has been convicted of or pleaded guilty to two or more	831
violations of any provision described in division (D)(1)(b) of	832
this section or any municipal ordinance that is substantially	833
similar to any of those provisions, a misdemeanor of the third	834
degree.	835

(2) When any person is found guilty of a first offense for a	836
violation of section 4511.21 of the Revised Code upon a finding	837
that the person operated a motor vehicle faster than thirty-five	838
miles an hour in a business district of a municipal corporation,	839
or faster than fifty miles an hour in other portions, or faster	840
than thirty-five miles an hour while passing through a school zone	841
during recess or while children are going to or leaving school	842
during the opening or closing hours, the person is guilty of a	843
misdemeanor of the fourth degree.	844

(3) Notwithstanding section 2929.21 of the Revised Code,	845
upon a finding that such person operated a motor vehicle in a	846
construction zone where a sign was then posted in accordance with	847
section 4511.98 of the Revised Code, the court, in addition to all	848
other penalties provided by law, shall impose a fine of two times	849
the usual amount imposed for the violation. No court shall impose	850
a fine of two times the usual amount imposed for the violation	851
upon an offender who alleges, in an affidavit filed with the court	852
prior to the offender's sentencing, that the offender is indigent	853
and is unable to pay the fine imposed pursuant to this division,	854
provided the court determines the offender is an indigent person	855
and is unable to pay the fine.	856

(4) Notwithstanding section 2929.21 of the Revised Code,	857
upon a finding that a person operated a motor vehicle in violation	858
of division (C) of section 4511.213 of the Revised Code, the	859
court, in addition to all other penalties provided by law, shall	860
impose a fine of two times the usual amount imposed for the	861
violation.	862

(E) Whenever a person is found guilty in a court of record	863
of a violation of section 4511.761, 4511.762, or 4511.77 of the	864
Revised Code, the trial judge, in addition to or independent of	865
all other penalties provided by law, may suspend for any period of	866
time not exceeding three years, or revoke the license of any	867
person, partnership, association, or corporation, issued under	868
section 4511.763 of the Revised Code.	869

(F) Whoever violates division (E) or (F) of section 4511.51,	870
division (A), (D), or (E) of section 4511.521, section 4511.681,	871
division (A) or (C) of section 4511.69, section 4511.772, or	872
division (A) or (B) of section 4511.82 of the Revised Code is	873
guilty of a minor misdemeanor.	874

(G) Whoever violates division (A) of section 4511.75 of the	875
Revised Code may be fined an amount not to exceed five hundred	876
dollars. A person who is issued a citation for a violation of	877
division (A) of section 4511.75 of the Revised Code is not	878
permitted to enter a written plea of guilty and waive the person's	879
right to contest the citation in a trial, but instead must appear	880
in person in the proper court to answer the charge.	881

(H)(1) Whoever is a resident of this state and violates	882
division (A) or (B) of section 4511.81 of the Revised Code shall	883
be punished as follows:	884

(a) Except as otherwise provided in division (H)(1)(b) of	885
this section, the offender is guilty of a minor misdemeanor.	886

(b) If the offender previously has been convicted of or	887
pleaded guilty to a violation of division (A) or (B) of section	888
4511.81 of the Revised Code or of a municipal ordinance that is	889
substantially similar to either of those divisions, the offender	890
is guilty of a misdemeanor of the fourth degree.	891

(2) Whoever is not a resident of this state, violates	892
division (A) or (B) of section 4511.81 of the Revised Code, and	893
fails to prove by a preponderance of the evidence that the	894
offender's use or nonuse of a child restraint system was in	895
accordance with the law of the state of which the offender is a	896
resident is guilty of a minor misdemeanor on a first offense; on a	897
second or subsequent offense, that person is guilty of a	898
misdemeanor of the fourth degree.	899

(3) All fines imposed pursuant to division (H)(1) or (2) of	900
this section shall be forwarded to the treasurer of state for	901
deposit in the "child highway safety fund" created by division (G)	902
of section 4511.81 of the Revised Code.	903

(I) Whoever violates section 4511.202 of the Revised Code is	904
guilty of operating a motor vehicle without being in control of	905
it, a minor misdemeanor.	906

(J) Whoever violates division (B) of section 4511.74,	907
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	908
section 4511.83 of the Revised Code is guilty of a misdemeanor of	909
the first degree.	910

(K) Except as otherwise provided in this division, whoever	911
violates division (E) of section 4511.11, division (A) or (C) of	912
section 4511.17, or section 4511.18 of the Revised Code is guilty	913
of a misdemeanor of the third degree. If a violation of division	914
(A) or (C) of section 4511.17 of the Revised Code creates a risk	915
of physical harm to any person, the offender is guilty of a	916
misdemeanor of the first degree. A violation of division (A) or	917
(C) of section 4511.17 of the Revised Code that causes serious	918
physical harm to property that is owned, leased, or controlled by	919
a state or local authority is a felony of the fifth degree.	920

(L) Whoever violates division (H) of section 4511.69 of the	921
Revised Code shall be punished as follows:	922

(1) Except as otherwise provided in division (L)(2) of this	923
section, the offender shall be issued a warning.	924

(2) If the offender previously has been convicted of or	925
pleaded guilty to a violation of division (H) of section 4511.69	926
of the Revised Code or of a municipal ordinance that is	927
substantially similar to that division, the offender shall not be	928
issued a warning but shall be fined twenty-five dollars for each	929
parking location that is not properly marked or whose markings are	930
not properly maintained.	931

(M) Whoever violates division (A)(1) or (2) of section	932
4511.45 of the Revised Code is guilty of a misdemeanor of the	933
fourth degree on a first offense; on a second offense within one	934
year after the first offense, the person is guilty of a	935
misdemeanor of the third degree; and on each subsequent offense	936
within one year after the first offense, the person is guilty of a	937
misdemeanor of the second degree.	938

(N)(1) Whoever violates division (B) of section 4511.19 of	939
the Revised Code is guilty of operating a motor vehicle after	940
under-age alcohol consumption and shall be punished as follows:	941

(a) Except as otherwise provided in division (N)(1)(b) of	942
this section, the offender is guilty of a misdemeanor of the	943
fourth degree.	944

(b) The offender is guilty of a misdemeanor of the third	945
degree if, within one year of the offense, the offender has been	946
convicted of or pleaded guilty to any violation of the following:	947

(i) Division (A) or (B) of section 4511.19 of the Revised	948
Code;	949

(ii) A municipal ordinance relating to operating a vehicle	950
while under the influence of alcohol, a drug of abuse, or alcohol	951
and a drug of abuse;	952

(iii) A municipal ordinance relating to operating a vehicle	953
with a prohibited concentration of alcohol in the blood, breath,	954
or urine;	955

(iv) Section 2903.04 of the Revised Code in a case in which	956
the offender was subject to the sanctions described in division	957
(D) of that section;	958

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	959
section 2903.08 of the Revised Code or a municipal ordinance that	960
is substantially similar to either of those divisions;	961

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	962
division (A)(2) of section 2903.08 of the Revised Code or a	963
municipal ordinance that is substantially similar to any of those	964
divisions, or former section 2903.07 of the Revised Code or a	965
substantially similar municipal ordinance, in a case in which the	966
jury or judge found that the offender was under the influence of	967
alcohol, a drug of abuse, or alcohol and a drug of abuse;	968

(vii) A statute of the United States or of any other state	969
or a municipal ordinance of a municipal corporation located in any	970
other state that is substantially similar to division (A) or (B)	971
of section 4511.19 of the Revised Code.	972

(2) In addition to or independent of all other penalties	973
provided by law, the offender's driver's or commercial driver's	974
license or permit or nonresident operating privilege shall be	975
suspended in accordance with, and for the period of time specified	976
in, division (E) of section 4507.16 of the Revised Code.	977

(O) Whoever violates section 4511.62 of the Revised Code is	978
guilty of a misdemeanor of the fourth degree.	979

(P) Whoever violates division (F)(1)(a) or (b) of section	980
4511.69 of the Revised Code is guilty of a misdemeanor and shall	981
be fined not less than two hundred fifty nor more than five	982
hundred dollars, but in no case shall an offender be sentenced to	983
any term of imprisonment.	984

Arrest or conviction for a violation of division (F)(1)(a) or	985
(b) of section 4511.69 of the Revised Code does not constitute a	986
criminal record and need not be reported by the person so arrested	987
or convicted in response to any inquiries contained in any	988
application for employment, license, or other right or privilege,	989
or made in connection with the person's appearance as a witness.	990

Every fine collected under this division shall be paid by the	991
clerk of the court to the political subdivision in which the	992
violation occurred. Except as provided in this division, the	993
political subdivision shall use the fine moneys it receives under	994
this division to pay the expenses it incurs in complying with the	995
signage and notice requirements contained in division (E) of	996
section 4511.69 of the Revised Code. The political subdivision	997
may use up to fifty per cent of each fine it receives under this	998
division to pay the costs of educational, advocacy, support, and	999
assistive technology programs for persons with disabilities, and	1000
for public improvements within the political subdivision that	1001
benefit or assist persons with disabilities, if governmental	1002
agencies or nonprofit organizations offer the programs.	1003

Section 2. That existing section 4511.99 of the Revised Code	1004
is hereby repealed.	1005