(EDITOR'S NOTE: See Section 303.99 for misdemeanor classifications and penalties.)
(b) Whoever violates Section 381.07 is guilty of a minor misdemeanor on a first offense if no injury to persons or property damage is caused. Each subsequent violation that does not cause injury to persons or damage to property shall be a misdemeanor of the fourth degree.
(c) Whoever violates Section 381.07 causing injury to persons or damage to property is guilty of a misdemeanor of the third degree.
(d) Whoever violates Section 381.10 is guilty of a misdemeanor of the first degree and shall be punished as provided in subsection (d)(1), (2) or (3) of this section.
(1) Except as otherwise provided in subsection (d)(2) or (3) of this section, the court shall sentence the offender to a jail term of three consecutive days and may sentence the offender pursuant to Ohio R.C. 2929.24 to a longer jail term. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty nor more than one thousand dollars.
The court may suspend the execution of the mandatory jail term of three consecutive days that it is required to impose by subsection (d)(1) of this section if the court, in lieu of the suspended jail term, places the offender under a community control sanction pursuant to Ohio R.C. 2929.25 and requires the offender to attend, for three consecutive days, a drivers’ intervention program that is certified pursuant to Ohio R.C. 3793.10. The court also may suspend the execution of any part of the mandatory jail term of three consecutive days that it is required to impose by subsection (d)(1) of this section if the court places the offender under a community control sanction pursuant to Ohio R.C. 2929.25 for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a drivers’ intervention program that is certified pursuant to Ohio R.C. 3793.10; and sentences the offender to a jail term equal to the remainder of the three consecutive days that the offender does not spend attending the drivers’ intervention program. The court may require the offender, as a condition of community control, to attend and satisfactorily complete any treatment or education programs, in addition to the required attendance at a drivers’ intervention program, that the operators of the drivers’ intervention program determine that the offender should attend and to report periodically to the court on the offender’s progress in the programs. The court also may impose any other conditions of community control on the offender that it considers necessary.
(2) If, within six years of the offense, the offender has been convicted of or pleaded guilty to one violation of Ohio R.C. 1547.11, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device while under the influence of alcohol, a drug of abuse, or a combination of them, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane or similar device with a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath or urine, of division (A)(1) of Ohio R.C. 2903.06, or of division (A)(2), (3) or (4) of Ohio R.C. 2903.06 or Ohio R.C. 2903.06 or 2903.07 as they existed prior to March 23, 2000, in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or a combination of them, the court shall sentence the offender to a jail term of ten consecutive days and may sentence the offender pursuant to Ohio R.C. 2929.24 to a longer jail term. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty nor more than one thousand dollars.
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers’ intervention program that is certified pursuant to Ohio R.C. 3793.10.
(3) If, within six years of the offense, the offender has been convicted of or pleaded guilty to more than one violation identified in subsection (d)(2) of this section, the court shall sentence the offender to a jail term of thirty consecutive days and may sentence the offender to a longer jail term of not more than one year. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty nor more than one thousand dollars.
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers’ intervention program that is certified pursuant to Ohio R.C. 3793.10.
(4) Upon a showing that serving a jail term would seriously affect the ability of an offender sentenced pursuant to subsection (d)(1), (2) or (3) of this section to continue the offender’s employment, the court may authorize that the offender be granted work release after the offender has served the mandatory jail term of three, ten or thirty consecutive days that the court is required by subsection (d)(1), (2) or (3) of this section to impose. No court shall authorize work release during the mandatory jail term of three, ten or thirty consecutive days that the court is required by subsection (d)(1), (2) or (3) of this section 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 in which the jail term is served and the time actually spent under employment.
(5) Notwithstanding any section of the Ohio Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of being imprisoned or serving a jail term, no court shall suspend the mandatory jail term of ten or thirty consecutive days required to be imposed by subsection (d)(2) or (3) of this section or place an offender who is sentenced pursuant to subsection (d)(2) or (3) of this section in any treatment program in lieu of being imprisoned or serving a jail term until after the offender has served the mandatory jail term of ten or thirty consecutive days required to be imposed pursuant to subsection (d)(2) or (3) of this section. Notwithstanding any section of the Ohio Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of being imprisoned or serving a jail term, no court, except as specifically authorized by subsection (d)(1) of this section, shall suspend the mandatory jail term of three consecutive days required to be imposed by subsection (d)(1) of this section, or place an offender who is sentenced pursuant to subsection (d)(1) of this section in any treatment program in lieu of imprisonment until after the offender has served the mandatory jail term of three consecutive days required to be imposed pursuant to subsection (d)(1) of this section.
(6) As used in subsection (d) of this section, “jail term” and “mandatory jail term” have the same meanings as in Ohio R.C. 2929.01.
(ORC 1547.11)