436.073  DRIVING UNDER OVI SUSPENSION.
   (a)   No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under Ohio R.C. 4511.19, 4511.191, or 4511.196 or under Ohio R.C. 4510.07 for a conviction of a violation of a municipal OVI ordinance shall operate any motor vehicle upon the public roads or highways within this Municipality during the period of the suspension.
   (b)   Whoever violates this section is guilty of driving under OVI suspension. The court shall sentence the offender under Ohio R.C. Chapter 2929, subject to the differences authorized or required by this section.
      (1)   Except as otherwise provided in division (b)(2) or (3) of this section, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
         A.   A mandatory jail term of three consecutive days. The three-day term shall be imposed, unless, subject to division (c) of this section, the court instead imposes a sentence of not less than 30 consecutive days of house arrest with electronic monitoring. A period of house arrest with electronic monitoring imposed under this division shall not exceed six months. If the court imposes a mandatory three-day jail term under this division, the court may impose a jail term in addition to that term, provided that in no case shall the cumulative jail term imposed for the offense exceed six months;
         B.   A fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00);
         C.   A license suspension under division (e) of this section;
         D.   If the vehicle the offender was operating at the time of the offense is registered in the offender's name, immobilization for 30 days of the offender's vehicle and impoundment for 30 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.
      (2)   If, within six years of the offense, the offender previously has been convicted of or pleaded guilty to one violation of this section or one equivalent offense, driving under OVI suspension is a misdemeanor of the first degree. The court shall sentence the offender to all of the following:
         A.   A mandatory jail term of 10 consecutive days. Notwithstanding the jail terms provided in Ohio R.C. 2929.21 to 2929.28, the court may sentence the offender to a longer jail term of not more than one year. The 10-day mandatory jail term shall be imposed unless, subject to division (c) of this section, the court instead imposes a sentence of not less than 90 consecutive days of house arrest with electronic monitoring. The period of house arrest with electronic monitoring shall not exceed one year;
         B.   Notwithstanding the fines provided for in Ohio R.C. Chapter 2929, a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500.00);
         C.   A license suspension under division (e) of this section;
         D.   If the vehicle the offender was operating at the time of the offense is registered in the offender's name, immobilization of the offender's vehicle for 60 days and the impoundment for 60 days of the identification license plates of that vehicle. The order for immobilization and impoundment shall be issued and enforced in accordance with Ohio R.C. 4503.233.
      (3)   If, within six years of the offense, the offender previously has been convicted of or pleaded guilty to two or more violations of this section or two or more equivalent offenses, driving under OVI suspension is a misdemeanor. The court shall sentence the offender to all of the following:
         A.   A mandatory jail term of 30 consecutive days. Notwithstanding the jail terms provided in Ohio R.C. 2929.21 to 2929.28, the court may sentence the offender to a longer jail term of not more than one year. The court shall not sentence the offender to a term of house arrest with electronic monitoring in lieu of the mandatory portion of the jail term;
         B.   Notwithstanding the fines set forth in Ohio R.C. Chapter 2929., a fine of not less than five hundred dollars ($500.00) and not more than two thousand five hundred dollars ($2,500.00);
         C.   A license suspension under division (e) of this section;
         D.   If the vehicle the offender was operating at the time of the offense is registered in the offender’s name, criminal forfeiture to the state of the offender’s vehicle. The order of criminal forfeiture shall be issued and enforced in accordance with Ohio R.C. 4503.234. If title to a motor vehicle that is subject to an order for criminal forfeiture under this division is assigned or transferred and Ohio R.C. 4503.234(B)(2) or (3) applies, the court may fine the offender the value of the vehicle as determined by publications of the National Automobile Dealers Association. The proceeds from any fine so imposed shall be distributed in accordance with Ohio R.C. 4503.234(C)(2).
   (c)   (1)   No court shall impose an alternative sentence of house arrest with electronic monitoring under division (b)(1) or (2) of this section unless, within 60 days of the date of sentencing, the court issues a written finding on the record that, due to the unavailability of space at the jail where the offender is required to serve the jail term imposed, the offender will not be able to begin serving that term within the 60-day period following the date of sentencing.
      (2)   An offender sentenced under this section to a period of house arrest with electronic monitoring shall be permitted work release during that period.
   (d)   Fifty percent of any fine imposed by a court under division (b)(1), (2), or (3) of this section shall be deposited into the Municipal Indigent Drivers' Alcohol Treatment Fund under the control of that court, as created by the Municipality pursuant to Ohio R.C. 4511.191(H).
   (e)   In addition to or independent of all other penalties provided by law or ordinance, the trial judge of any court of record or the mayor of a mayor's court shall impose on an offender who is convicted of or pleads guilty to a violation of this section a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in Ohio R.C. 4510.02 (A)(7).
      (1)   When permitted as specified in Ohio R.C. 4510.021, if the court grants limited driving privileges during a suspension imposed under this section, the privileges shall be granted on the additional condition that the offender must display restricted license plates, issued under Ohio R.C. 4503.231, on the vehicle driven subject to the privileges, except as provided in Ohio R.C. 4503.231(B).
      (2)   A suspension of a commercial driver's license under this section shall be concurrent with any period of suspension or disqualification under Ohio R.C. 3123.58 or 4506.16. No person who is disqualified for life from holding a commercial driver's license under Ohio R.C. 4506.16 shall be issued a driver's license under Ohio R.C. Chapter 4507 during the period for which the commercial driver's license was suspended under this section, and no person whose commercial driver's license is suspended under this section shall be issued a driver's license under Ohio R.C. Chapter 4507 during the period of the suspension.
   (f)   The offender shall provide the court with proof of financial responsibility as defined in Ohio R.C. 4509.01. If the offender fails to provide that proof of financial responsibility, then, in addition to any other penalties provided by law, the court may order restitution pursuant to Section 698.02(f) or Ohio R.C. 2929.28 in an amount not exceeding five thousand dollars ($5,000) for any economic loss arising from an accident or collision that was the direct and proximate result of the offender’s operation of the vehicle before, during, or after committing the offense that is a misdemeanor of the first degree under this section for which the offender is sentenced.
   (g)   As used in this section:
      (1)   “Electronic monitoring” has the same meaning as in Ohio R.C. 2929.01.
      (2)   “Equivalent offense” means any of the following:
         A.   A violation of a municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (a) of this section;
         B.   A violation of a former law of this State that was substantially equivalent to division (a) of this section.
      (3)   “Jail” has the same meaning as in Ohio R.C. 2929.01.
      (4)   “Mandatory jail term” means the mandatory term in jail of 3, 10, or 30 consecutive days that must be imposed under division (b)(1), (2), or (3) of this section upon an offender convicted of a violation of division (a) of this section and in relation to which all of the following apply:
         A.   Except as specifically authorized under this section, the term must be served in a jail.
         B.   Except as specifically authorized under this section, the term cannot be suspended, reduced, or otherwise modified pursuant to any provision of the Ohio Revised Code.
(ORC 4510.14)
   (h)   It is an affirmative defense to any prosecution brought under this section that the alleged offender drove under suspension, without a valid permit or driver’s or commercial driver’s license, or in violation of a restriction because of a substantial emergency, and because no other person was reasonably available to drive in response to the emergency.
(ORC 4510.04)
Statutory reference:
   Immobilization of vehicle; impoundment of license plates; criminal forfeiture of vehicle, see Ohio R.C. 4510.161