SENATORS Goodman, White, Ryan, Mallory, Spada

To amend sections 4511.01 and 4511.99 and to enact

1

section 4511.512 of the Revised Code to exempt

2

electric personal assistive mobility devices from

3

the definition of "vehicle" in the traffic laws and

4

to permit their operation on sidewalks, bikeways,

5

and public streets and highways, subject to certain

6

restrictions.

7

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

Section 1. That sections 4511.01 and 4511.99 be amended and	8
section 4511.512 of the Revised Code be enacted to read as	9
follows:	10

Sec. 4511.01.  As used in this chapter and in Chapter 4513.	11
of the Revised Code:	12

(A) "Vehicle" means every device, including a motorized	13
bicycle, in, upon, or by which any person or property may be	14
transported or drawn upon a highway, except motorized wheelchairs,	15
electric personal assistive mobility device, devices moved by	16
power collected from overhead electric trolley wires, or used	17
exclusively upon stationary rails or tracks, and devices other	18
than bicycles moved by human power.	19

(B) "Motor vehicle" means every vehicle propelled or drawn	20
by power other than muscular power or power collected from	21
overhead electric trolley wires, except motorized bicycles, road	22
rollers, traction engines, power shovels, power cranes, and other	23
equipment used in construction work and not designed for or	24
employed in general highway transportation, hole-digging	25
machinery, well-drilling machinery, ditch-digging machinery, farm	26
machinery, trailers used to transport agricultural produce or	27
agricultural production materials between a local place of storage	28
or supply and the farm when drawn or towed on a street or highway	29
at a speed of twenty-five miles per hour or less, threshing	30
machinery, hay-baling machinery, agricultural tractors and	31
machinery used in the production of horticultural, floricultural,	32
agricultural, and vegetable products, and trailers designed and	33
used exclusively to transport a boat between a place of storage	34
and a marina, or in and around a marina, when drawn or towed on a	35
street or highway for a distance of no more than ten miles and at	36
a speed of twenty-five miles per hour or less.	37

(C) "Motorcycle" means every motor vehicle, other than a	38
tractor, having a saddle for the use of the operator and designed	39
to travel on not more than three wheels in contact with the	40
ground, including, but not limited to, motor vehicles known as	41
"motor-driven cycle," "motor scooter," or "motorcycle" without	42
regard to weight or brake horsepower.	43

(D) "Emergency vehicle" means emergency vehicles of	44
municipal, township, or county departments or public utility	45
corporations when identified as such as required by law, the	46
director of public safety, or local authorities, and motor	47
vehicles when commandeered by a police officer.	48

(E) "Public safety vehicle" means any of the following:

49

(1) Ambulances, including private ambulance companies under	50
contract to a municipal corporation, township, or county, and	51
private ambulances and nontransport vehicles bearing license	52
plates issued under section 4503.49 of the Revised Code;	53

(2) Motor vehicles used by public law enforcement officers	54
or other persons sworn to enforce the criminal and traffic laws of	55
the state;	56

(3) Any motor vehicle when properly identified as required	57
by the director of public safety, when used in response to fire	58
emergency calls or to provide emergency medical service to ill or	59
injured persons, and when operated by a duly qualified person who	60
is a member of a volunteer rescue service or a volunteer fire	61
department, and who is on duty pursuant to the rules or directives	62
of that service. The state fire marshal shall be designated by	63
the director of public safety as the certifying agency for all	64
public safety vehicles described in division (E)(3) of this	65
section.	66

(4) Vehicles used by fire departments, including motor	67
vehicles when used by volunteer fire fighters responding to	68
emergency calls in the fire department service when identified as	69
required by the director of public safety.	70

Any vehicle used to transport or provide emergency medical	71
service to an ill or injured person, when certified as a public	72
safety vehicle, shall be considered a public safety vehicle when	73
transporting an ill or injured person to a hospital regardless of	74
whether such vehicle has already passed a hospital.	75

(5) Vehicles used by the commercial motor vehicle safety	76
enforcement unit for the enforcement of orders and rules of the	77
public utilities commission as specified in section 5503.34 of the	78
Revised Code.	79

(F) "School bus" means every bus designed for carrying more	80
than nine passengers that is owned by a public, private, or	81
governmental agency or institution of learning and operated for	82
the transportation of children to or from a school session or a	83
school function, or owned by a private person and operated for	84
compensation for the transportation of children to or from a	85
school session or a school function, provided "school bus" does	86
not include a bus operated by a municipally owned transportation	87
system, a mass transit company operating exclusively within the	88
territorial limits of a municipal corporation, or within such	89
limits and the territorial limits of municipal corporations	90
immediately contiguous to such municipal corporation, nor a common	91
passenger carrier certified by the public utilities commission	92
unless such bus is devoted exclusively to the transportation of	93
children to and from a school session or a school function, and	94
"school bus" does not include a van or bus used by a licensed	95
child day-care center or type A family day-care home to transport	96
children from the child day-care center or type A family day-care	97
home to a school if the van or bus does not have more than fifteen	98
children in the van or bus at any time.	99

(G) "Bicycle" means every device, other than a tricycle	100
designed solely for use as a play vehicle by a child, propelled	101
solely by human power upon which any person may ride having either	102
two tandem wheels, or one wheel in the front and two wheels in the	103
rear, any of which is more than fourteen inches in diameter.	104

(H) "Motorized bicycle" means any vehicle having either two	105
tandem wheels or one wheel in the front and two wheels in the	106
rear, that is capable of being pedaled and is equipped with a	107
helper motor of not more than fifty cubic centimeters piston	108
displacement that produces no more than one brake horsepower and	109
is capable of propelling the vehicle at a speed of no greater than	110
twenty miles per hour on a level surface.	111

(I) "Commercial tractor" means every motor vehicle having	112
motive power designed or used for drawing other vehicles and not	113
so constructed as to carry any load thereon, or designed or used	114
for drawing other vehicles while carrying a portion of such other	115
vehicles, or load thereon, or both.	116

(J) "Agricultural tractor" means every self-propelling	117
vehicle designed or used for drawing other vehicles or wheeled	118
machinery but having no provision for carrying loads independently	119
of such other vehicles, and used principally for agricultural	120
purposes.	121

(K) "Truck" means every motor vehicle, except trailers and	122
semitrailers, designed and used to carry property.	123

(L) "Bus" means every motor vehicle designed for carrying	124
more than nine passengers and used for the transportation of	125
persons other than in a ridesharing arrangement, and every motor	126
vehicle, automobile for hire, or funeral car, other than a taxicab	127
or motor vehicle used in a ridesharing arrangement, designed and	128
used for the transportation of persons for compensation.	129

(M) "Trailer" means every vehicle designed or used for	130
carrying persons or property wholly on its own structure and for	131
being drawn by a motor vehicle, including any such vehicle when	132
formed by or operated as a combination of a "semitrailer" and a	133
vehicle of the dolly type, such as that commonly known as a	134
"trailer dolly," a vehicle used to transport agricultural produce	135
or agricultural production materials between a local place of	136
storage or supply and the farm when drawn or towed on a street or	137
highway at a speed greater than twenty-five miles per hour, and a	138
vehicle designed and used exclusively to transport a boat between	139
a place of storage and a marina, or in and around a marina, when	140
drawn or towed on a street or highway for a distance of more than	141
ten miles or at a speed of more than twenty-five miles per hour.	142

(N) "Semitrailer" means every vehicle designed or used for	143
carrying persons or property with another and separate motor	144
vehicle so that in operation a part of its own weight or that of	145
its load, or both, rests upon and is carried by another vehicle.	146

(O) "Pole trailer" means every trailer or semitrailer	147
attached to the towing vehicle by means of a reach, pole, or by	148
being boomed or otherwise secured to the towing vehicle, and	149
ordinarily used for transporting long or irregular shaped loads	150
such as poles, pipes, or structural members capable, generally, of	151
sustaining themselves as beams between the supporting connections.	152

(P) "Railroad" means a carrier of persons or property	153
operating upon rails placed principally on a private right-of-way.	154

(Q) "Railroad train" means a steam engine or an electric or	155
other motor, with or without cars coupled thereto, operated by a	156
railroad.	157

(R) "Streetcar" means a car, other than a railroad train,	158
for transporting persons or property, operated upon rails	159
principally within a street or highway.	160

(S) "Trackless trolley" means every car that collects its	161
power from overhead electric trolley wires and that is not	162
operated upon rails or tracks.	163

(T) "Explosives" means any chemical compound or mechanical	164
mixture that is intended for the purpose of producing an explosion	165
that contains any oxidizing and combustible units or other	166
ingredients in such proportions, quantities, or packing that an	167
ignition by fire, by friction, by concussion, by percussion, or by	168
a detonator of any part of the compound or mixture may cause such	169
a sudden generation of highly heated gases that the resultant	170
gaseous pressures are capable of producing destructive effects on	171
contiguous objects, or of destroying life or limb. Manufactured	172
articles shall not be held to be explosives when the individual	173
units contain explosives in such limited quantities, of such	174
nature, or in such packing, that it is impossible to procure a	175
simultaneous or a destructive explosion of such units, to the	176
injury of life, limb, or property by fire, by friction, by	177
concussion, by percussion, or by a detonator, such as fixed	178
ammunition for small arms, firecrackers, or safety fuse matches.	179

(U) "Flammable liquid" means any liquid that has a flash	180
point of seventy degrees Fahrenheit, or less, as determined by a	181
tagliabue or equivalent closed cup test device.	182

(V) "Gross weight" means the weight of a vehicle plus the	183
weight of any load thereon.	184

(W) "Person" means every natural person, firm,	185
co-partnership, association, or corporation.	186

(X) "Pedestrian" means any natural person afoot.

187

(Y) "Driver or operator" means every person who drives or is	188
in actual physical control of a vehicle, trackless trolley, or	189
streetcar.	190

(Z) "Police officer" means every officer authorized to	191
direct or regulate traffic, or to make arrests for violations of	192
traffic regulations.	193

(AA) "Local authorities" means every county, municipal, and	194
other local board or body having authority to adopt police	195
regulations under the constitution and laws of this state.	196

(BB) "Street" or "highway" means the entire width between	197
the boundary lines of every way open to the use of the public as a	198
thoroughfare for purposes of vehicular travel.	199

(CC) "Controlled-access highway" means every street or	200
highway in respect to which owners or occupants of abutting lands	201
and other persons have no legal right of access to or from the	202
same except at such points only and in such manner as may be	203
determined by the public authority having jurisdiction over such	204
street or highway.	205

(DD) "Private road or driveway" means every way or place in	206
private ownership used for vehicular travel by the owner and those	207
having express or implied permission from the owner but not by	208
other persons.	209

(EE) "Roadway" means that portion of a highway improved,	210
designed, or ordinarily used for vehicular travel, except the berm	211
or shoulder. If a highway includes two or more separate roadways	212
the term "roadway" means any such roadway separately but not all	213
such roadways collectively.	214

(FF) "Sidewalk" means that portion of a street between the	215
curb lines, or the lateral lines of a roadway, and the adjacent	216
property lines, intended for the use of pedestrians.	217

(GG) "Laned highway" means a highway the roadway of which is	218
divided into two or more clearly marked lanes for vehicular	219
traffic.	220

(HH) "Through highway" means every street or highway as	221
provided in section 4511.65 of the Revised Code.	222

(II) "State highway" means a highway under the jurisdiction	223
of the department of transportation, outside the limits of	224
municipal corporations, provided that the authority conferred upon	225
the director of transportation in section 5511.01 of the Revised	226
Code to erect state highway route markers and signs directing	227
traffic shall not be modified by sections 4511.01 to 4511.79 and	228
4511.99 of the Revised Code.	229

(JJ) "State route" means every highway that is designated	230
with an official state route number and so marked.	231

(KK) "Intersection" means:

232

(1) The area embraced within the prolongation or connection	233
of the lateral curb lines, or, if none, then the lateral boundary	234
lines of the roadways of two highways which join one another at,	235
or approximately at, right angles, or the area within which	236
vehicles traveling upon different highways joining at any other	237
angle may come in conflict.	238

(2) Where a highway includes two roadways thirty feet or	239
more apart, then every crossing of each roadway of such divided	240
highway by an intersecting highway shall be regarded as a separate	241
intersection. If an intersecting highway also includes two	242
roadways thirty feet or more apart, then every crossing of two	243
roadways of such highways shall be regarded as a separate	244
intersection.	245

(3) The junction of an alley with a street or highway, or	246
with another alley, shall not constitute an intersection.	247

(LL) "Crosswalk" means:

248

(1) That part of a roadway at intersections ordinarily	249
included within the real or projected prolongation of property	250
lines and curb lines or, in the absence of curbs, the edges of the	251
traversable roadway;	252

(2) Any portion of a roadway at an intersection or	253
elsewhere, distinctly indicated for pedestrian crossing by lines	254
or other markings on the surface;	255

(3) Notwithstanding divisions (LL)(1) and (2) of this	256
section, there shall not be a crosswalk where local authorities	257
have placed signs indicating no crossing.	258

(MM) "Safety zone" means the area or space officially set	259
apart within a roadway for the exclusive use of pedestrians and	260
protected or marked or indicated by adequate signs as to be	261
plainly visible at all times.	262

(NN) "Business district" means the territory fronting upon a	263
street or highway, including the street or highway, between	264
successive intersections within municipal corporations where fifty	265
per cent or more of the frontage between such successive	266
intersections is occupied by buildings in use for business, or	267
within or outside municipal corporations where fifty per cent or	268
more of the frontage for a distance of three hundred feet or more	269
is occupied by buildings in use for business, and the character of	270
such territory is indicated by official traffic control devices.	271

(OO) "Residence district" means the territory, not	272
comprising a business district, fronting on a street or highway,	273
including the street or highway, where, for a distance of three	274
hundred feet or more, the frontage is improved with residences or	275
residences and buildings in use for business.	276

(PP) "Urban district" means the territory contiguous to and	277
including any street or highway which is built up with structures	278
devoted to business, industry, or dwelling houses situated at	279
intervals of less than one hundred feet for a distance of a	280
quarter of a mile or more, and the character of such territory is	281
indicated by official traffic control devices.	282

(QQ) "Traffic control devices" means all flaggers, signs,	283
signals, markings, and devices placed or erected by authority of a	284
public body or official having jurisdiction, for the purpose of	285
regulating, warning, or guiding traffic, including signs denoting	286
names of streets and highways.	287

(RR) "Traffic control signal" means any device, whether	288
manually, electrically, or mechanically operated, by which traffic	289
is alternately directed to stop, to proceed, to change direction,	290
or not to change direction.	291

(SS) "Railroad sign or signal" means any sign, signal, or	292
device erected by authority of a public body or official or by a	293
railroad and intended to give notice of the presence of railroad	294
tracks or the approach of a railroad train.	295

(TT) "Traffic" means pedestrians, ridden or herded animals,	296
vehicles, streetcars, trackless trolleys, and other devices,	297
either singly or together, while using any highway for purposes of	298
travel.	299

(UU) "Right-of-way" means either of the following, as the	300
context requires:	301

(1) The right of a vehicle, streetcar, trackless trolley, or	302
pedestrian to proceed uninterruptedly in a lawful manner in the	303
direction in which it or the individual is moving in preference to	304
another vehicle, streetcar, trackless trolley, or pedestrian	305
approaching from a different direction into its or the	306
individual's path;	307

(2) A general term denoting land, property, or the interest	308
therein, usually in the configuration of a strip, acquired for or	309
devoted to transportation purposes. When used in this context,	310
right-of-way includes the roadway, shoulders or berm, ditch, and	311
slopes extending to the right-of-way limits under the control of	312
the state or local authority.	313

(VV) "Rural mail delivery vehicle" means every vehicle used	314
to deliver United States mail on a rural mail delivery route.	315

(WW) "Funeral escort vehicle" means any motor vehicle,	316
including a funeral hearse, while used to facilitate the movement	317
of a funeral procession.	318

(XX) "Alley" means a street or highway intended to provide	319
access to the rear or side of lots or buildings in urban districts	320
and not intended for the purpose of through vehicular traffic, and	321
includes any street or highway that has been declared an "alley"	322
by the legislative authority of the municipal corporation in which	323
such street or highway is located.	324

(YY) "Freeway" means a divided multi-lane highway for	325
through traffic with all crossroads separated in grade and with	326
full control of access.	327

(ZZ) "Expressway" means a divided arterial highway for	328
through traffic with full or partial control of access with an	329
excess of fifty per cent of all crossroads separated in grade.	330

(AAA) "Thruway" means a through highway whose entire roadway	331
is reserved for through traffic and on which roadway parking is	332
prohibited.	333

(BBB) "Stop intersection" means any intersection at one or	334
more entrances of which stop signs are erected.	335

(CCC) "Arterial street" means any United States or state	336
numbered route, controlled access highway, or other major radial	337
or circumferential street or highway designated by local	338
authorities within their respective jurisdictions as part of a	339
major arterial system of streets or highways.	340

(DDD) "Ridesharing arrangement" means the transportation of	341
persons in a motor vehicle where such transportation is incidental	342
to another purpose of a volunteer driver and includes ridesharing	343
arrangements known as carpools, vanpools, and buspools.	344

(EEE) "Motorized wheelchair" means any self-propelled	345
vehicle designed for, and used by, a handicapped person and that	346
is incapable of a speed in excess of eight miles per hour.	347

(FFF) "Child day-care center" and "type A family day-care	348
home" have the same meanings as in section 5104.01 of the Revised	349
Code.	350

(GGG) "Multi-wheel agricultural tractor" means a type of	351
agricultural tractor that has two or more wheels or tires on each	352
side of one axle at the rear of the tractor, is designed or used	353
for drawing other vehicles or wheeled machinery, has no provision	354
for carrying loads independently of the drawn vehicles or	355
machinery, and is used principally for agricultural purposes.	356

(HHH) "Electric personal assistive mobility device" means a	357
self-balancing two non-tandem wheeled device that is designed to	358
transport only one person, has an electric propulsion system of an	359
average of seven hundred fifty watts, and when ridden on a paved	360
level surface by an operator who weighs one hundred seventy pounds	361
has a maximum speed of less than twenty miles per hour.	362

Sec. 4511.512. (A) Electric personal assistive mobility	363
devices may be operated on the public streets, highways,	364
sidewalks, and paths and portions of roadways set aside for the	365
exclusive use of bicycles, except as follows:	366

(1) A local authority may prohibit the operation of	367
electric personal assistive mobility devices on streets or	368
highways that have speed limits of more than thirty-five miles per	369
hour, but otherwise shall not regulate or restrict their	370
operation.	371

(2) The operator of an electric personal assistive mobility	372
device shall do all of the following:	373

(a) Observe all speed limits;

374

(b) Yield the right-of-way to all pedestrians and	375
human-powered vehicles at all times;	376

(c) Give an audible signal before overtaking and passing a	377
pedestrian.	378

(B) An electric personal assistive mobility device may be	379
operated at night provided the device or its operator is equipped	380
with or wearing both of the following:	381

(1) A lamp pointing to the front that emits a white light	382
visible from a distance of not less than five hundred feet;	383

(2) A red reflector facing the rear that is visible from	384
all distances from one hundred feet to six hundred feet when	385
directly in front of lawful lower beams of head lamps on a motor	386
vehicle.	387

(C) No person shall operate an electric personal assistive	388
mobility device in violation of any of the requirements contained	389
in divisions (A)(2)(a) to (c) or (B) of this section.	390

(D)(1) No person shall distribute or sell an electric	391
personal assistive mobility device unless the device is	392
accompanied by a written statement that is substantially	393
equivalent to the following: "WARNING: TO REDUCE THE RISK OF	394
SERIOUS INJURY, USE ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT –	395
HELMET, WRIST GUARDS, ELBOW PADS, AND KNEE PADS."	396

(2) No person who distributes or sells electric personal	397
assistive mobility devices who complies with the requirements of	398
division (D)(1) of this section shall be liable in damages in a	399
civil action brought by or on behalf of the operator of an	400
electric personal assistive mobility device for any injury, death,	401
or loss to person or property suffered by the operator that	402
allegedly arises from, or is related to, the operation of an	403
electric personal assistive mobility device by the operator and	404
the operator failed to wear a helmet, wrist guards, elbow pads,	405
and knee pads during such operation.	406

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	407
(3), or (4) of section 4511.19 of the Revised Code, in addition to	408
the license suspension or revocation provided in section 4507.16	409
of the Revised Code and any disqualification imposed under section	410
4506.16 of the Revised Code, shall be punished as provided in	411
division (A)(1), (2), (3), or (4) of this section. Whoever	412
violates division (A)(5), (6), or (7) of section 4511.19 of the	413
Revised Code, in addition to the license suspension or revocation	414
provided in section 4507.16 of the Revised Code and any	415
disqualification imposed under section 4506.16 of the Revised	416
Code, shall be punished as provided in division (A)(5), (6), (7),	417
or (8) of this section.	418

(1) Except as otherwise provided in division (A)(2), (3), or	419
(4) of this section, the offender is guilty of a misdemeanor of	420
the first degree and the court shall sentence the offender to a	421
term of imprisonment of three consecutive days and may sentence	422
the offender pursuant to section 2929.21 of the Revised Code to a	423
longer term of imprisonment. In addition, the court shall impose	424
upon the offender a fine of not less than two hundred fifty and	425
not more than one thousand dollars.	426

The court may suspend the execution of the mandatory three	427
consecutive days of imprisonment that it is required to impose by	428
this division, if the court, in lieu of the suspended term of	429
imprisonment, places the offender on probation and requires the	430
offender to attend, for three consecutive days, a drivers'	431
intervention program that is certified pursuant to section 3793.10	432
of the Revised Code. The court also may suspend the execution of	433
any part of the mandatory three consecutive days of imprisonment	434
that it is required to impose by this division, if the court	435
places the offender on probation for part of the three consecutive	436
days; requires the offender to attend, for that part of the three	437
consecutive days, a drivers' intervention program that is	438
certified pursuant to section 3793.10 of the Revised Code; and	439
sentences the offender to a term of imprisonment equal to the	440
remainder of the three consecutive days that the offender does not	441
spend attending the drivers' intervention program. The court may	442
require the offender, as a condition of probation, to attend and	443
satisfactorily complete any treatment or education programs that	444
comply with the minimum standards adopted pursuant to Chapter	445
3793. of the Revised Code by the director of alcohol and drug	446
addiction services, in addition to the required attendance at a	447
drivers' intervention program, that the operators of the drivers'	448
intervention program determine that the offender should attend and	449
to report periodically to the court on the offender's progress in	450
the programs. The court also may impose any other conditions of	451
probation on the offender that it considers necessary.	452

Of the fine imposed pursuant to this division, twenty-five	453
dollars shall be paid to an enforcement and education fund	454
established by the legislative authority of the law enforcement	455
agency in this state that primarily was responsible for the arrest	456
of the offender, as determined by the court that imposes the fine.	457
This share shall be used by the agency to pay only those costs it	458
incurs in enforcing section 4511.19 of the Revised Code or a	459
substantially similar municipal ordinance and in informing the	460
public of the laws governing the operation of a motor vehicle	461
while under the influence of alcohol, the dangers of operating a	462
motor vehicle while under the influence of alcohol, and other	463
information relating to the operation of a motor vehicle and the	464
consumption of alcoholic beverages. Fifty dollars of the fine	465
imposed pursuant to this division shall be paid to the political	466
subdivision that pays the cost of housing the offender during the	467
offender's term of incarceration to the credit of the fund that	468
pays the cost of the incarceration. If the offender was confined	469
as a result of the offense prior to being sentenced for the	470
offense but is not sentenced to a term of incarceration, the fifty	471
dollars shall be paid to the political subdivision that paid the	472
cost of housing the offender during that period of confinement.	473
The political subdivision shall use this share to pay or reimburse	474
incarceration or treatment costs it incurs in housing or providing	475
drug and alcohol treatment to persons who violate section 4511.19	476
of the Revised Code or a substantially similar municipal ordinance	477
and to pay for ignition interlock devices and electronic house	478
arrest equipment for persons who violate that section.	479
Twenty-five dollars of the fine imposed pursuant to this division	480
shall be deposited into the county indigent drivers alcohol	481
treatment fund or municipal indigent drivers alcohol treatment	482
fund under the control of that court, as created by the county or	483
municipal corporation pursuant to division (N) of section 4511.191	484
of the Revised Code. The balance of the fine shall be disbursed	485
as otherwise provided by law.	486

(2)(a) Except as otherwise provided in division (A)(4) of	487
this section, the offender is guilty of a misdemeanor of the first	488
degree, and, except as provided in this division, the court shall	489
sentence the offender to a term of imprisonment of ten consecutive	490
days and may sentence the offender pursuant to section 2929.21 of	491
the Revised Code to a longer term of imprisonment if, within six	492
years of the offense, the offender has been convicted of or	493
pleaded guilty to one violation of the following:	494

(i) Division (A) or (B) of section 4511.19 of the Revised	495
Code;	496

(ii) A municipal ordinance relating to operating a vehicle	497
while under the influence of alcohol, a drug of abuse, or alcohol	498
and a drug of abuse;	499

(iii) A municipal ordinance relating to operating a vehicle	500
with a prohibited concentration of alcohol in the blood, breath,	501
or urine;	502

(iv) Section 2903.04 of the Revised Code in a case in which	503
the offender was subject to the sanctions described in division	504
(D) of that section;	505

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	506
section 2903.08 of the Revised Code or a municipal ordinance that	507
is substantially similar to either of those divisions;	508

(vi) Division (A)(2), (3), or (4) of section 2903.06,	509
division (A)(2) of section 2903.08, or former section 2903.07 of	510
the Revised Code, or a municipal ordinance that is substantially	511
similar to any of those divisions or that former section, in a	512
case in which the jury or judge found that the offender was under	513
the influence of alcohol, a drug of abuse, or alcohol and a drug	514
of abuse;	515

(vii) A statute of the United States or of any other state	516
or a municipal ordinance of a municipal corporation located in any	517
other state that is substantially similar to division (A) or (B)	518
of section 4511.19 of the Revised Code.	519

As an alternative to the term of imprisonment required to be	520
imposed by this division, but subject to division (A)(12) of this	521
section, the court may impose upon the offender a sentence	522
consisting of both a term of imprisonment of five consecutive days	523
and not less than eighteen consecutive days of electronically	524
monitored house arrest as defined in division (A) of section	525
2929.23 of the Revised Code. The five consecutive days of	526
imprisonment and the period of electronically monitored house	527
arrest shall not exceed six months. The five consecutive days of	528
imprisonment do not have to be served prior to or consecutively	529
with the period of electronically monitored house arrest.	530

In addition, the court shall impose upon the offender a fine	531
of not less than three hundred fifty and not more than one	532
thousand five hundred dollars.	533

In addition to any other sentence that it imposes upon the	534
offender, the court may require the offender to attend a drivers'	535
intervention program that is certified pursuant to section 3793.10	536
of the Revised Code. If the officials of the drivers'	537
intervention program determine that the offender is alcohol	538
dependent, they shall notify the court, and the court shall order	539
the offender to obtain treatment through an alcohol and drug	540
addiction program authorized by section 3793.02 of the Revised	541
Code. The cost of the treatment shall be paid by the offender.	542

Of the fine imposed pursuant to this division, thirty-five	543
dollars shall be paid to an enforcement and education fund	544
established by the legislative authority of the law enforcement	545
agency in this state that primarily was responsible for the arrest	546
of the offender, as determined by the court that imposes the fine.	547
This share shall be used by the agency to pay only those costs it	548
incurs in enforcing section 4511.19 of the Revised Code or a	549
substantially similar municipal ordinance and in informing the	550
public of the laws governing the operation of a motor vehicle	551
while under the influence of alcohol, the dangers of operating a	552
motor vehicle while under the influence of alcohol, and other	553
information relating to the operation of a motor vehicle and the	554
consumption of alcoholic beverages. One hundred fifteen dollars	555
of the fine imposed pursuant to this division shall be paid to the	556
political subdivision that pays the cost of housing the offender	557
during the offender's term of incarceration. This share shall be	558
used by the political subdivision to pay or reimburse	559
incarceration or treatment costs it incurs in housing or providing	560
drug and alcohol treatment to persons who violate section 4511.19	561
of the Revised Code or a substantially similar municipal ordinance	562
and to pay for ignition interlock devices and electronic house	563
arrest equipment for persons who violate that section, and shall	564
be paid to the credit of the fund that pays the cost of the	565
incarceration. Fifty dollars of the fine imposed pursuant to this	566
division shall be deposited into the county indigent drivers	567
alcohol treatment fund or municipal indigent drivers alcohol	568
treatment fund under the control of that court, as created by the	569
county or municipal corporation pursuant to division (N) of	570
section 4511.191 of the Revised Code. The balance of the fine	571
shall be disbursed as otherwise provided by law.	572

(b) Regardless of whether the vehicle the offender was	573
operating at the time of the offense is registered in the	574
offender's name or in the name of another person, the court, in	575
addition to the penalties imposed under division (A)(2)(a) of this	576
section and all other penalties provided by law and subject to	577
section 4503.235 of the Revised Code, shall order the	578
immobilization for ninety days of the vehicle the offender was	579
operating at the time of the offense and the impoundment for	580
ninety days of the identification license plates of that vehicle.	581
The order for the immobilization and impoundment shall be issued	582
and enforced in accordance with section 4503.233 of the Revised	583
Code.	584

(3)(a) Except as otherwise provided in division (A)(4) of	585
this section and except as provided in this division, if, within	586
six years of the offense, the offender has been convicted of or	587
pleaded guilty to two violations identified in division (A)(2) of	588
this section, the court shall sentence the offender to a term of	589
imprisonment of thirty consecutive days and may sentence the	590
offender to a longer definite term of imprisonment of not more	591
than one year. As an alternative to the term of imprisonment	592
required to be imposed by this division, but subject to division	593
(A)(12) of this section, the court may impose upon the offender a	594
sentence consisting of both a term of imprisonment of fifteen	595
consecutive days and not less than fifty-five consecutive days of	596
electronically monitored house arrest as defined in division (A)	597
of section 2929.23 of the Revised Code. The fifteen consecutive	598
days of imprisonment and the period of electronically monitored	599
house arrest shall not exceed one year. The fifteen consecutive	600
days of imprisonment do not have to be served prior to or	601
consecutively with the period of electronically monitored house	602
arrest.	603

In addition, the court shall impose upon the offender a fine	604
of not less than five hundred fifty and not more than two thousand	605
five hundred dollars.	606

In addition to any other sentence that it imposes upon the	607
offender, the court shall require the offender to attend an	608
alcohol and drug addiction program authorized by section 3793.02	609
of the Revised Code. The cost of the treatment shall be paid by	610
the offender. If the court determines that the offender is unable	611
to pay the cost of attendance at the treatment program, the court	612
may order that payment of the cost of the offender's attendance at	613
the treatment program be made from that court's indigent drivers	614
alcohol treatment fund.	615

Of the fine imposed pursuant to this division, one hundred	616
twenty-three dollars shall be paid to an enforcement and education	617
fund established by the legislative authority of the law	618
enforcement agency in this state that primarily was responsible	619
for the arrest of the offender, as determined by the court that	620
imposes the fine. This share shall be used by the agency to pay	621
only those costs it incurs in enforcing section 4511.19 of the	622
Revised Code or a substantially similar municipal ordinance and in	623
informing the public of the laws governing the operation of a	624
motor vehicle while under the influence of alcohol, the dangers of	625
operating a motor vehicle while under the influence of alcohol,	626
and other information relating to the operation of a motor vehicle	627
and the consumption of alcoholic beverages. Two hundred	628
seventy-seven dollars of the fine imposed pursuant to this	629
division shall be paid to the political subdivision that pays the	630
cost of housing the offender during the offender's term of	631
incarceration. This share shall be used by the political	632
subdivision to pay or reimburse incarceration or treatment costs	633
it incurs in housing or providing drug and alcohol treatment to	634
persons who violate section 4511.19 of the Revised Code or a	635
substantially similar municipal ordinance and to pay for ignition	636
interlock devices and electronic house arrest equipment for	637
persons who violate that section and shall be paid to the credit	638
of the fund that pays the cost of incarceration. The balance of	639
the fine shall be disbursed as otherwise provided by law.	640

(b) Regardless of whether the vehicle the offender was	641
operating at the time of the offense is registered in the	642
offender's name or in the name of another person, the court, in	643
addition to the penalties imposed under division (A)(3)(a) of this	644
section and all other penalties provided by law and subject to	645
section 4503.235 of the Revised Code, shall order the criminal	646
forfeiture to the state of the vehicle the offender was operating	647
at the time of the offense. The order of criminal forfeiture	648
shall be issued and enforced in accordance with section 4503.234	649
of the Revised Code.	650

(4)(a)(i) If, within six years of the offense, the offender	651
has been convicted of or pleaded guilty to three or more	652
violations identified in division (A)(2) of this section, and if	653
sentence is not required to be imposed under division	654
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	655
of the fourth degree and, notwithstanding division (A)(4) of	656
section 2929.14 of the Revised Code, may be sentenced to a	657
definite prison term that shall be not less than six months and	658
not more than thirty months. The court shall sentence the	659
offender in accordance with sections 2929.11 to 2929.19 of the	660
Revised Code and shall impose as part of the sentence either a	661
mandatory term of local incarceration of sixty consecutive days of	662
imprisonment in accordance with division (G)(1) of section 2929.13	663
of the Revised Code or a mandatory prison term of sixty	664
consecutive days of imprisonment in accordance with division	665
(G)(2) of that section. If the court requires the offender to	666
serve a mandatory term of local incarceration of sixty consecutive	667
days of imprisonment in accordance with division (G)(1) of section	668
2929.13 of the Revised Code, the court, pursuant to section	669
2929.17 of the Revised Code, may impose upon the offender a	670
sentence that includes a term of electronically monitored house	671
arrest, provided that the term of electronically monitored house	672
arrest shall not commence until after the offender has served the	673
mandatory term of local incarceration.	674

(ii) If the offender previously has been convicted of or	675
pleaded guilty to a violation of division (A) of section 4511.19	676
of the Revised Code under circumstances in which the violation was	677
a felony, regardless of when the prior violation and the prior	678
conviction or guilty plea occurred, the offender is guilty of a	679
felony of the third degree. The court shall sentence the offender	680
in accordance with sections 2929.11 to 2929.19 of the Revised Code	681
and shall impose as part of the sentence a mandatory prison term	682
of sixty consecutive days of imprisonment in accordance with	683
division (G)(2) of section 2929.13 of the Revised Code.	684

(iii) In addition to all other sanctions imposed on an	685
offender under division (A)(4)(a)(i) or (ii) of this section, the	686
court shall impose upon the offender, pursuant to section 2929.18	687
of the Revised Code, a fine of not less than eight hundred nor	688
more than ten thousand dollars.	689

In addition to any other sanction that it imposes upon the	690
offender under division (A)(4)(a)(i) or (ii) of this section, the	691
court shall require the offender to attend an alcohol and drug	692
addiction program authorized by section 3793.02 of the Revised	693
Code. The cost of the treatment shall be paid by the offender. If	694
the court determines that the offender is unable to pay the cost	695
of attendance at the treatment program, the court may order that	696
payment of the cost of the offender's attendance at the treatment	697
program be made from the court's indigent drivers alcohol	698
treatment fund.	699

Of the fine imposed pursuant to this division, two hundred	700
ten dollars shall be paid to an enforcement and education fund	701
established by the legislative authority of the law enforcement	702
agency in this state that primarily was responsible for the arrest	703
of the offender, as determined by the court that imposes the fine.	704
This share shall be used by the agency to pay only those costs it	705
incurs in enforcing section 4511.19 of the Revised Code or a	706
substantially similar municipal ordinance and in informing the	707
public of the laws governing operation of a motor vehicle while	708
under the influence of alcohol, the dangers of operation of a	709
motor vehicle while under the influence of alcohol, and other	710
information relating to the operation of a motor vehicle and the	711
consumption of alcoholic beverages. Four hundred forty dollars of	712
the fine imposed pursuant to this division shall be paid to the	713
political subdivision that pays the cost of housing the offender	714
during the offender's term of incarceration. This share shall be	715
used by the political subdivision to pay or reimburse	716
incarceration or treatment costs it incurs in housing or providing	717
drug and alcohol treatment to persons who violate section 4511.19	718
of the Revised Code or a substantially similar municipal ordinance	719
and to pay for ignition interlock devices and electronic house	720
arrest equipment for persons who violate that section, and shall	721
be paid to the credit of the fund that pays the cost of	722
incarceration. The balance of the fine shall be disbursed as	723
otherwise provided by law.	724

(b) Regardless of whether the vehicle the offender was	725
operating at the time of the offense is registered in the	726
offender's name or in the name of another person, the court, in	727
addition to the sanctions imposed under division (A)(4)(a) of this	728
section and all other sanctions provided by law and subject to	729
section 4503.235 of the Revised Code, shall order the criminal	730
forfeiture to the state of the vehicle the offender was operating	731
at the time of the offense. The order of criminal forfeiture	732
shall be issued and enforced in accordance with section 4503.234	733
of the Revised Code.	734

(c) As used in division (A)(4)(a) of this section,	735
"mandatory prison term" and "mandatory term of local	736
incarceration" have the same meanings as in section 2929.01 of the	737
Revised Code.	738

If title to a motor vehicle that is subject to an order for	739
criminal forfeiture under this section is assigned or transferred	740
and division (C)(2) or (3) of section 4503.234 of the Revised Code	741
applies, in addition to or independent of any other penalty	742
established by law, the court may fine the offender the value of	743
the vehicle as determined by publications of the national auto	744
dealer's association. The proceeds from any fine imposed under	745
this division shall be distributed in accordance with division	746
(D)(4) of section 4503.234 of the Revised Code.	747

(5)(a) Except as otherwise provided in division (A)(6), (7),	748
or (8) of this section, the offender is guilty of a misdemeanor of	749
the first degree, and the court shall sentence the offender to one	750
of the following:	751

(i) A term of imprisonment of at least three consecutive	752
days and a requirement that the offender attend, for three	753
consecutive days, a drivers' intervention program that is	754
certified pursuant to section 3793.10 of the Revised Code;	755

(ii) If the court determines that the offender is not	756
conducive to treatment in the program, if the offender refuses to	757
attend the program, or if the place of imprisonment can provide a	758
drivers' intervention program, a term of imprisonment of at least	759
six consecutive days.	760

(b) In addition, the court shall impose upon the offender a	761
fine of not less than two hundred fifty and not more than one	762
thousand dollars.	763

The court may require the offender, as a condition of	764
probation, to attend and satisfactorily complete any treatment or	765
education programs that comply with the minimum standards adopted	766
pursuant to Chapter 3793. of the Revised Code by the director of	767
alcohol and drug addiction services, in addition to the required	768
attendance at a drivers' intervention program, that the operators	769
of the drivers' intervention program determine that the offender	770
should attend and to report periodically to the court on the	771
offender's progress in the programs. The court also may impose	772
any other conditions of probation on the offender that it	773
considers necessary.	774

Of the fine imposed pursuant to this division, twenty-five	775
dollars shall be paid to an enforcement and education fund	776
established by the legislative authority of the law enforcement	777
agency in this state that primarily was responsible for the arrest	778
of the offender, as determined by the court that imposes the fine.	779
The agency shall use this share to pay only those costs it incurs	780
in enforcing section 4511.19 of the Revised Code or a	781
substantially similar municipal ordinance and in informing the	782
public of the laws governing the operation of a motor vehicle	783
while under the influence of alcohol, the dangers of operating a	784
motor vehicle while under the influence of alcohol, and other	785
information relating to the operation of a motor vehicle and the	786
consumption of alcoholic beverages. Fifty dollars of the fine	787
imposed pursuant to this division shall be paid to the political	788
subdivision that pays the cost of housing the offender during the	789
offender's term of incarceration to the credit of the fund that	790
pays the cost of the incarceration. The political subdivision	791
shall use this share to pay or reimburse incarceration or	792
treatment costs it incurs in housing or providing drug and alcohol	793
treatment to persons who violate section 4511.19 of the Revised	794
Code or a substantially similar municipal ordinance and to pay for	795
ignition interlock devices and electronic house arrest equipment	796
for persons who violate that section. Twenty-five dollars of the	797
fine imposed pursuant to this division shall be deposited into the	798
county indigent drivers alcohol treatment fund or municipal	799
indigent drivers alcohol treatment fund under the control of that	800
court, as created by the county or municipal corporation pursuant	801
to division (N) of section 4511.191 of the Revised Code. The	802
balance of the fine shall be disbursed as otherwise provided by	803
law.	804

(6)(a) Except as otherwise provided in division (A)(8) of	805
this section and except as provided in this division, if, within	806
six years of the offense, the offender has been convicted of or	807
pleaded guilty to one violation of division (A) or (B) of section	808
4511.19 of the Revised Code, a municipal ordinance relating to	809
operating a vehicle while under the influence of alcohol, a drug	810
of abuse, or alcohol and a drug of abuse, a municipal ordinance	811
relating to operating a vehicle with a prohibited concentration of	812
alcohol in the blood, breath, or urine, section 2903.04 of the	813
Revised Code in a case in which the offender was subject to the	814
sanctions described in division (D) of that section, section	815
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	816
ordinance that is substantially similar to section 2903.07 of the	817
Revised Code in a case in which the jury or judge found that the	818
offender was under the influence of alcohol, a drug of abuse, or	819
alcohol and a drug of abuse, or a statute of the United States or	820
of any other state or a municipal ordinance of a municipal	821
corporation located in any other state that is substantially	822
similar to division (A) or (B) of section 4511.19 of the Revised	823
Code, the offender is guilty of a misdemeanor of the first degree,	824
and the court shall sentence the offender to a term of	825
imprisonment of twenty consecutive days and may sentence the	826
offender pursuant to section 2929.21 of the Revised Code to a	827
longer term of imprisonment. As an alternative to the term of	828
imprisonment required to be imposed by this division, but subject	829
to division (A)(12) of this section, the court may impose upon the	830
offender a sentence consisting of both a term of imprisonment of	831
ten consecutive days and not less than thirty-six consecutive days	832
of electronically monitored house arrest as defined in division	833
(A) of section 2929.23 of the Revised Code. The ten consecutive	834
days of imprisonment and the period of electronically monitored	835
house arrest shall not exceed six months. The ten consecutive	836
days of imprisonment do not have to be served prior to or	837
consecutively with the period of electronically monitored house	838
arrest.	839

In addition, the court shall impose upon the offender a fine	840
of not less than three hundred fifty and not more than one	841
thousand five hundred dollars.	842

In addition to any other sentence that it imposes upon the	843
offender, the court may require the offender to attend a drivers'	844
intervention program that is certified pursuant to section 3793.10	845
of the Revised Code. If the officials of the drivers'	846
intervention program determine that the offender is alcohol	847
dependent, they shall notify the court, and the court shall order	848
the offender to obtain treatment through an alcohol and drug	849
addiction program authorized by section 3793.02 of the Revised	850
Code. The offender shall pay the cost of the treatment.	851

Of the fine imposed pursuant to this division, thirty-five	852
dollars shall be paid to an enforcement and education fund	853
established by the legislative authority of the law enforcement	854
agency in this state that primarily was responsible for the arrest	855
of the offender, as determined by the court that imposes the fine.	856
The agency shall use this share to pay only those costs it incurs	857
in enforcing section 4511.19 of the Revised Code or a	858
substantially similar municipal ordinance and in informing the	859
public of the laws governing the operation of a motor vehicle	860
while under the influence of alcohol, the dangers of operating a	861
motor vehicle while under the influence of alcohol, and other	862
information relating to the operation of a motor vehicle and the	863
consumption of alcoholic beverages. One hundred fifteen dollars	864
of the fine imposed pursuant to this division shall be paid to the	865
political subdivision that pays the cost of housing the offender	866
during the offender's term of incarceration. The political	867
subdivision shall use this share to pay or reimburse incarceration	868
or treatment costs it incurs in housing or providing drug and	869
alcohol treatment to persons who violate section 4511.19 of the	870
Revised Code or a substantially similar municipal ordinance and to	871
pay for ignition interlock devices and electronic house arrest	872
equipment for persons who violate that section, and this share	873
shall be paid to the credit of the fund that pays the cost of the	874
incarceration. Fifty dollars of the fine imposed pursuant to this	875
division shall be deposited into the county indigent drivers	876
alcohol treatment fund or municipal indigent drivers alcohol	877
treatment fund under the control of that court, as created by the	878
county or municipal corporation pursuant to division (N) of	879
section 4511.191 of the Revised Code. The balance of the fine	880
shall be disbursed as otherwise provided by law.	881

(b) Regardless of whether the vehicle the offender was	882
operating at the time of the offense is registered in the	883
offender's name or in the name of another person, the court, in	884
addition to the penalties imposed under division (A)(6)(a) of this	885
section and all other penalties provided by law and subject to	886
section 4503.235 of the Revised Code, shall order the	887
immobilization for ninety days of the vehicle the offender was	888
operating at the time of the offense and the impoundment for	889
ninety days of the identification license plates of that vehicle.	890
The order for the immobilization and impoundment shall be issued	891
and enforced in accordance with section 4503.233 of the Revised	892
Code.	893

(7)(a) Except as otherwise provided in division (A)(8) of	894
this section and except as provided in this division, if, within	895
six years of the offense, the offender has been convicted of or	896
pleaded guilty to two violations of division (A) or (B) of section	897
4511.19 of the Revised Code, a municipal ordinance relating to	898
operating a vehicle while under the influence of alcohol, a drug	899
of abuse, or alcohol and a drug of abuse, a municipal ordinance	900
relating to operating a vehicle with a prohibited concentration of	901
alcohol in the blood, breath, or urine, section 2903.04 of the	902
Revised Code in a case in which the offender was subject to the	903
sanctions described in division (D) of that section, section	904
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	905
ordinance that is substantially similar to section 2903.07 of the	906
Revised Code in a case in which the jury or judge found that the	907
offender was under the influence of alcohol, a drug of abuse, or	908
alcohol and a drug of abuse, or a statute of the United States or	909
of any other state or a municipal ordinance of a municipal	910
corporation located in any other state that is substantially	911
similar to division (A) or (B) of section 4511.19 of the Revised	912
Code, the court shall sentence the offender to a term of	913
imprisonment of sixty consecutive days and may sentence the	914
offender to a longer definite term of imprisonment of not more	915
than one year. As an alternative to the term of imprisonment	916
required to be imposed by this division, but subject to division	917
(A)(12) of this section, the court may impose upon the offender a	918
sentence consisting of both a term of imprisonment of thirty	919
consecutive days and not less than one hundred ten consecutive	920
days of electronically monitored house arrest as defined in	921
division (A) of section 2929.23 of the Revised Code. The thirty	922
consecutive days of imprisonment and the period of electronically	923
monitored house arrest shall not exceed one year. The thirty	924
consecutive days of imprisonment do not have to be served prior to	925
or consecutively with the period of electronically monitored house	926
arrest.	927

In addition, the court shall impose upon the offender a fine	928
of not less than five hundred fifty and not more than two thousand	929
five hundred dollars.	930

In addition to any other sentence that it imposes upon the	931
offender, the court shall require the offender to attend an	932
alcohol and drug addiction program authorized by section 3793.02	933
of the Revised Code. The offender shall pay the cost of the	934
treatment. If the court determines that the offender is unable to	935
pay the cost of attendance at the treatment program, the court may	936
order that payment of the cost of the offender's attendance at the	937
treatment program be made from that court's indigent drivers	938
alcohol treatment fund.	939

Of the fine imposed pursuant to this division, one hundred	940
twenty-three dollars shall be paid to an enforcement and education	941
fund established by the legislative authority of the law	942
enforcement agency in this state that primarily was responsible	943
for the arrest of the offender, as determined by the court that	944
imposes the fine. The agency shall use this share to pay only	945
those costs it incurs in enforcing section 4511.19 of the Revised	946
Code or a substantially similar municipal ordinance and in	947
informing the public of the laws governing the operation of a	948
motor vehicle while under the influence of alcohol, the dangers of	949
operating a motor vehicle while under the influence of alcohol,	950
and other information relating to the operation of a motor vehicle	951
and the consumption of alcoholic beverages. Two hundred	952
seventy-seven dollars of the fine imposed pursuant to this	953
division shall be paid to the political subdivision that pays the	954
cost of housing the offender during the offender's term of	955
incarceration. The political subdivision shall use this share to	956
pay or reimburse incarceration or treatment costs it incurs in	957
housing or providing drug and alcohol treatment to persons who	958
violate section 4511.19 of the Revised Code or a substantially	959
similar municipal ordinance and to pay for ignition interlock	960
devices and electronic house arrest equipment for persons who	961
violate that section, and this share shall be paid to the credit	962
of the fund that pays the cost of incarceration. The balance of	963
the fine shall be disbursed as otherwise provided by law.	964

(b) Regardless of whether the vehicle the offender was	965
operating at the time of the offense is registered in the	966
offender's name or in the name of another person, the court, in	967
addition to the penalties imposed under division (A)(7)(a) of this	968
section and all other penalties provided by law and subject to	969
section 4503.235 of the Revised Code, shall order the	970
immobilization for one hundred eighty days of the vehicle the	971
offender was operating at the time of the offense and the	972
impoundment for one hundred eighty days of the identification	973
license plates of that vehicle. The order for the immobilization	974
and impoundment shall be issued and enforced in accordance with	975
section 4503.233 of the Revised Code.	976

(8)(a)(i) If, within six years of the offense, the offender	977
has been convicted of or pleaded guilty to three or more	978
violations of division (A) or (B) of section 4511.19 of the	979
Revised Code, a municipal ordinance relating to operating a	980
vehicle while under the influence of alcohol, a drug of abuse, or	981
alcohol and a drug of abuse, a municipal ordinance relating to	982
operating a vehicle with a prohibited concentration of alcohol in	983
the blood, breath, or urine, section 2903.04 of the Revised Code	984
in a case in which the offender was subject to the sanctions	985
described in division (D) of that section, section 2903.06,	986
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	987
that is substantially similar to section 2903.07 of the Revised	988
Code in a case in which the jury or judge found that the offender	989
was under the influence of alcohol, a drug of abuse, or alcohol	990
and a drug of abuse, or a statute of the United States or of any	991
other state or a municipal ordinance of a municipal corporation	992
located in any other state that is substantially similar to	993
division (A) or (B) of section 4511.19 of the Revised Code, and if	994
sentence is not required to be imposed under division	995
(A)(8)(a)(ii) of this section, the offender is guilty of a felony	996
of the fourth degree and, notwithstanding division (A)(4) of	997
section 2929.14 of the Revised Code, may be sentenced to a	998
definite prison term that shall be not less than six months and	999
not more than thirty months. The court shall sentence the	1000
offender in accordance with sections 2929.11 to 2929.19 of the	1001
Revised Code and shall impose as part of the sentence either a	1002
mandatory term of local incarceration of one hundred twenty	1003
consecutive days of imprisonment in accordance with division	1004
(G)(1) of section 2929.13 of the Revised Code or a mandatory	1005
prison term of one hundred twenty consecutive days of imprisonment	1006
in accordance with division (G)(2) of that section. If the court	1007
requires the offender to serve a mandatory term of local	1008
incarceration of one hundred twenty consecutive days of	1009
imprisonment in accordance with division (G)(1) of section 2929.13	1010
of the Revised Code, the court, pursuant to section 2929.17 of the	1011
Revised Code, may impose upon the offender a sentence that	1012
includes a term of electronically monitored house arrest, provided	1013
that the term of electronically monitored house arrest shall not	1014
commence until after the offender has served the mandatory term of	1015
local incarceration.	1016

(ii) If the offender previously has been convicted of or	1017
pleaded guilty to a violation of division (A) of section 4511.19	1018
of the Revised Code under circumstances in which the violation was	1019
a felony, regardless of when the prior violation and the prior	1020
conviction or guilty plea occurred, the offender is guilty of a	1021
felony of the third degree. The court shall sentence the offender	1022
in accordance with sections 2929.11 to 2929.19 of the Revised Code	1023
and shall impose as part of the sentence a mandatory prison term	1024
of one hundred twenty consecutive days of imprisonment in	1025
accordance with division (G)(2) of section 2929.13 of the Revised	1026
Code.	1027

(iii) In addition to all other sanctions imposed on an	1028
offender under division (A)(8)(a)(i) or (ii) of this section, the	1029
court shall impose upon the offender, pursuant to section 2929.18	1030
of the Revised Code, a fine of not less than eight hundred nor	1031
more than ten thousand dollars.	1032

In addition to any other sanction that it imposes upon the	1033
offender under division (A)(8)(a)(i) or (ii) of this section, the	1034
court shall require the offender to attend an alcohol and drug	1035
addiction program authorized by section 3793.02 of the Revised	1036
Code. The cost of the treatment shall be paid by the offender. If	1037
the court determines that the offender is unable to pay the cost	1038
of attendance at the treatment program, the court may order that	1039
payment of the cost of the offender's attendance at the treatment	1040
program be made from the court's indigent drivers alcohol	1041
treatment fund.	1042

Of the fine imposed pursuant to this division, two hundred	1043
ten dollars shall be paid to an enforcement and education fund	1044
established by the legislative authority of the law enforcement	1045
agency in this state that primarily was responsible for the arrest	1046
of the offender, as determined by the court that imposes the fine.	1047
The agency shall use this share to pay only those costs it incurs	1048
in enforcing section 4511.19 of the Revised Code or a	1049
substantially similar municipal ordinance and in informing the	1050
public of the laws governing operation of a motor vehicle while	1051
under the influence of alcohol, the dangers of operation of a	1052
motor vehicle while under the influence of alcohol, and other	1053
information relating to the operation of a motor vehicle and the	1054
consumption of alcoholic beverages. Four hundred forty dollars of	1055
the fine imposed pursuant to this division shall be paid to the	1056
political subdivision that pays the cost of housing the offender	1057
during the offender's term of incarceration. The political	1058
subdivision shall use this share to pay or reimburse incarceration	1059
or treatment costs it incurs in housing or providing drug and	1060
alcohol treatment to persons who violate section 4511.19 of the	1061
Revised Code or a substantially similar municipal ordinance and to	1062
pay for ignition interlock devices and electronic house arrest	1063
equipment for persons who violate that section, and this share	1064
shall be paid to the credit of the fund that pays the cost of	1065
incarceration. The balance of the fine shall be disbursed as	1066
otherwise provided by law.	1067

(b) Regardless of whether the vehicle the offender was	1068
operating at the time of the offense is registered in the	1069
offender's name or in the name of another person, the court, in	1070
addition to the sanctions imposed under division (A)(8)(a) of this	1071
section and all other sanctions provided by law and subject to	1072
section 4503.235 of the Revised Code, shall order the criminal	1073
forfeiture to the state of the vehicle the offender was operating	1074
at the time of the offense. The order of criminal forfeiture	1075
shall be issued and enforced in accordance with section 4503.234	1076
of the Revised Code.	1077

(c) As used in division (A)(8)(a) of this section,	1078
"mandatory prison term" and "mandatory term of local	1079
incarceration" have the same meanings as in section 2929.01 of the	1080
Revised Code.	1081

(d) If title to a motor vehicle that is subject to an order	1082
for criminal forfeiture under this section is assigned or	1083
transferred and division (C)(2) or (3) of section 4503.234 of the	1084
Revised Code applies, in addition to or independent of any other	1085
penalty established by law, the court may fine the offender the	1086
value of the vehicle as determined by publications of the national	1087
auto dealer's association. The proceeds from any fine imposed	1088
under this division shall be distributed in accordance with	1089
division (D)(4) of section 4503.234 of the Revised Code.	1090

(9)(a) Except as provided in division (A)(9)(b) of this	1091
section, upon a showing that imprisonment would seriously affect	1092
the ability of an offender sentenced pursuant to division (A)(1),	1093
(2), (3), (4), (5), (6), (7), or (8) of this section to continue	1094
the offender's employment, the court may authorize that the	1095
offender be granted work release from imprisonment after the	1096
offender has served the three, six, ten, twenty, thirty, or sixty	1097
consecutive days of imprisonment or the mandatory term of local	1098
incarceration of sixty or one hundred twenty consecutive days that	1099
the court is required by division (A)(1), (2), (3), (4), (5), (6),	1100
(7), or (8) of this section to impose. No court shall authorize	1101
work release from imprisonment during the three, six, ten, twenty,	1102
thirty, or sixty consecutive days of imprisonment or the mandatory	1103
term of local incarceration or mandatory prison term of sixty or	1104
one hundred twenty consecutive days that the court is required by	1105
division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	1106
section to impose. The duration of the work release shall not	1107
exceed the time necessary each day for the offender to commute to	1108
and from the place of employment and the place of imprisonment and	1109
the time actually spent under employment.	1110

(b) An offender who is sentenced pursuant to division	1111
(A)(2), (3), (6), or (7) of this section to a term of imprisonment	1112
followed by a period of electronically monitored house arrest is	1113
not eligible for work release from imprisonment, but that person	1114
shall be permitted work release during the period of	1115
electronically monitored house arrest. The duration of the work	1116
release shall not exceed the time necessary each day for the	1117
offender to commute to and from the place of employment and the	1118
offender's home or other place specified by the sentencing court	1119
and the time actually spent under employment.	1120

(10) Notwithstanding any section of the Revised Code that	1121
authorizes the suspension of the imposition or execution of a	1122
sentence, the placement of an offender in any treatment program in	1123
lieu of imprisonment, or the use of a community control sanction	1124
for an offender convicted of a felony, no court shall suspend the	1125
ten, twenty, thirty, or sixty consecutive days of imprisonment	1126
required to be imposed on an offender by division (A)(2), (3),	1127
(6), or (7) of this section, no court shall place an offender who	1128
is sentenced pursuant to division (A)(2), (3), (4), (6), (7), or	1129
(8) of this section in any treatment program in lieu of	1130
imprisonment until after the offender has served the ten, twenty,	1131
thirty, or sixty consecutive days of imprisonment or the mandatory	1132
term of local incarceration or mandatory prison term of sixty or	1133
one hundred twenty consecutive days required to be imposed	1134
pursuant to division (A)(2), (3), (4), (6), (7), or (8) of this	1135
section, no court that sentences an offender under division (A)(4)	1136
or (8) of this section shall impose any sanction other than a	1137
mandatory term of local incarceration or mandatory prison term to	1138
apply to the offender until after the offender has served the	1139
mandatory term of local incarceration or mandatory prison term of	1140
sixty or one hundred twenty consecutive days required to be	1141
imposed pursuant to division (A)(4) or (8) of this section, and no	1142
court that imposes a sentence of imprisonment and a period of	1143
electronically monitored house arrest upon an offender under	1144
division (A)(2), (3), (6), or (7) of this section shall suspend	1145
any portion of the sentence or place the offender in any treatment	1146
program in lieu of imprisonment or electronically monitored house	1147
arrest. Notwithstanding any section of the Revised Code that	1148
authorizes the suspension of the imposition or execution of a	1149
sentence or the placement of an offender in any treatment program	1150
in lieu of imprisonment, no court, except as specifically	1151
authorized by division (A)(1) or (5) of this section, shall	1152
suspend the three or more consecutive days of imprisonment	1153
required to be imposed by division (A)(1) or (5) of this section	1154
or place an offender who is sentenced pursuant to division (A)(1)	1155
or (5) of this section in any treatment program in lieu of	1156
imprisonment until after the offender has served the three or more	1157
consecutive days of imprisonment required to be imposed pursuant	1158
to division (A)(1) or (5) of this section.	1159

(11) No court shall sentence an offender to an alcohol	1160
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	1161
(6), (7), or (8) of this section unless the treatment program	1162
complies with the minimum standards adopted pursuant to Chapter	1163
3793. of the Revised Code by the director of alcohol and drug	1164
addiction services.	1165

(12) No court shall impose the alternative sentence of a	1166
term of imprisonment plus a term of electronically monitored house	1167
arrest permitted to be imposed by division (A)(2), (3), (6), or	1168
(7) of this section, unless within sixty days of the date of	1169
sentencing, the court issues a written finding, entered into the	1170
record, that due to the unavailability of space at the	1171
incarceration facility where the offender is required to serve the	1172
term of imprisonment imposed upon the offender, the offender will	1173
not be able to commence serving the term of imprisonment within	1174
the sixty-day period following the date of sentencing. If the	1175
court issues such a written finding, the court may impose the	1176
alternative sentence comprised of a term of imprisonment and a	1177
term of electronically monitored house arrest permitted to be	1178
imposed by division (A)(2), (3), (6), or (7) of this section.	1179

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	1180
of the Revised Code is guilty of a misdemeanor of the first	1181
degree. The court, in addition to or independent of all other	1182
penalties provided by law, may suspend for a period not to exceed	1183
one year the driver's or commercial driver's license or permit or	1184
nonresident operating privilege of any person who pleads guilty to	1185
or is convicted of a violation of section 4511.192 of the Revised	1186
Code.	1187

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	1188
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	1189
guilty of one of the following:	1190

(1) Except as otherwise provided in division (C)(2) of this	1191
section, a minor misdemeanor.	1192

(2) If the offender previously has been convicted of or	1193
pleaded guilty to one or more violations of section 4511.63,	1194
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	1195
Revised Code or a municipal ordinance that is substantially	1196
similar to any of those sections, a misdemeanor of the fourth	1197
degree.	1198

(D)(1) Whoever violates any provision of sections 4511.01 to	1199
4511.76 or section 4511.84 of the Revised Code, for which no	1200
penalty otherwise is provided in this section is guilty of one of	1201
the following:	1202

(a) Except as otherwise provided in division (D)(1)(b),	1203
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	1204

(b) If, within one year of the offense, the offender	1205
previously has been convicted of or pleaded guilty to one	1206
violation of any provision of sections 4511.01 to 4511.76 or	1207
section 4511.84 of the Revised Code for which no penalty otherwise	1208
is provided in this section or a municipal ordinance that is	1209
substantially similar to any provision of sections 4511.01 to	1210
4511.76 or section 4511.84 of the Revised Code for which no	1211
penalty otherwise is provided in this section, a misdemeanor of	1212
the fourth degree;	1213

(c) If, within one year of the offense, the offender	1214
previously has been convicted of or pleaded guilty to two or more	1215
violations of any provision described in division (D)(1)(b) of	1216
this section or any municipal ordinance that is substantially	1217
similar to any of those provisions, a misdemeanor of the third	1218
degree.	1219

(2) When any person is found guilty of a first offense for a	1220
violation of section 4511.21 of the Revised Code upon a finding	1221
that the person operated a motor vehicle faster than thirty-five	1222
miles an hour in a business district of a municipal corporation,	1223
or faster than fifty miles an hour in other portions, or faster	1224
than thirty-five miles an hour while passing through a school zone	1225
during recess or while children are going to or leaving school	1226
during the opening or closing hours, the person is guilty of a	1227
misdemeanor of the fourth degree.	1228

(3) Notwithstanding section 2929.21 of the Revised Code,	1229
upon a finding that such person operated a motor vehicle in a	1230
construction zone where a sign was then posted in accordance with	1231
section 4511.98 of the Revised Code, the court, in addition to all	1232
other penalties provided by law, shall impose a fine of two times	1233
the usual amount imposed for the violation. No court shall impose	1234
a fine of two times the usual amount imposed for the violation	1235
upon an offender who alleges, in an affidavit filed with the court	1236
prior to the offender's sentencing, that the offender is indigent	1237
and is unable to pay the fine imposed pursuant to this division,	1238
provided the court determines the offender is an indigent person	1239
and is unable to pay the fine.	1240

(4) Notwithstanding section 2929.21 of the Revised Code,	1241
upon a finding that a person operated a motor vehicle in violation	1242
of division (C) of section 4511.213 of the Revised Code, the	1243
court, in addition to all other penalties provided by law, shall	1244
impose a fine of two times the usual amount imposed for the	1245
violation.	1246

(E) Whenever a person is found guilty in a court of record	1247
of a violation of section 4511.761, 4511.762, or 4511.77 of the	1248
Revised Code, the trial judge, in addition to or independent of	1249
all other penalties provided by law, may suspend for any period of	1250
time not exceeding three years, or revoke the license of any	1251
person, partnership, association, or corporation, issued under	1252
section 4511.763 of the Revised Code.	1253

(F) Whoever violates division (E) or (F) of section 4511.51,	1254
division (A), (D), or (E) of section 4511.521, section 4511.681,	1255
division (A) or (C) of section 4511.69, section 4511.772, or	1256
division (A) or (B) of section 4511.82 of the Revised Code is	1257
guilty of a minor misdemeanor.	1258

(G) Whoever violates division (A) of section 4511.75 of the	1259
Revised Code may be fined an amount not to exceed five hundred	1260
dollars. A person who is issued a citation for a violation of	1261
division (A) of section 4511.75 of the Revised Code is not	1262
permitted to enter a written plea of guilty and waive the person's	1263
right to contest the citation in a trial, but instead must appear	1264
in person in the proper court to answer the charge.	1265

(H)(1) Whoever is a resident of this state and violates	1266
division (A) or (B) of section 4511.81 of the Revised Code shall	1267
be punished as follows:	1268

(a) Except as otherwise provided in division (H)(1)(b) of	1269
this section, the offender is guilty of a minor misdemeanor.	1270

(b) If the offender previously has been convicted of or	1271
pleaded guilty to a violation of division (A) or (B) of section	1272
4511.81 of the Revised Code or of a municipal ordinance that is	1273
substantially similar to either of those divisions, the offender	1274
is guilty of a misdemeanor of the fourth degree.	1275

(2) Whoever is not a resident of this state, violates	1276
division (A) or (B) of section 4511.81 of the Revised Code, and	1277
fails to prove by a preponderance of the evidence that the	1278
offender's use or nonuse of a child restraint system was in	1279
accordance with the law of the state of which the offender is a	1280
resident is guilty of a minor misdemeanor on a first offense; on a	1281
second or subsequent offense, that person is guilty of a	1282
misdemeanor of the fourth degree.	1283

(3) All fines imposed pursuant to division (H)(1) or (2) of	1284
this section shall be forwarded to the treasurer of state for	1285
deposit in the "child highway safety fund" created by division (G)	1286
of section 4511.81 of the Revised Code.	1287

(I) Whoever violates section 4511.202 of the Revised Code is	1288
guilty of operating a motor vehicle without being in control of	1289
it, a minor misdemeanor.	1290

(J) Whoever violates division (B) of section 4511.74,	1291
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	1292
section 4511.83 of the Revised Code is guilty of a misdemeanor of	1293
the first degree.	1294

(K) Except as otherwise provided in this division, whoever	1295
violates division (E) of section 4511.11, division (A) or (C) of	1296
section 4511.17, or section 4511.18 of the Revised Code is guilty	1297
of a misdemeanor of the third degree. If a violation of division	1298
(A) or (C) of section 4511.17 of the Revised Code creates a risk	1299
of physical harm to any person, the offender is guilty of a	1300
misdemeanor of the first degree. A violation of division (A) or	1301
(C) of section 4511.17 of the Revised Code that causes serious	1302
physical harm to property that is owned, leased, or controlled by	1303
a state or local authority is a felony of the fifth degree.	1304

(L) Whoever violates division (H) of section 4511.69 of the	1305
Revised Code shall be punished as follows:	1306

(1) Except as otherwise provided in division (L)(2) of this	1307
section, the offender shall be issued a warning.	1308

(2) If the offender previously has been convicted of or	1309
pleaded guilty to a violation of division (H) of section 4511.69	1310
of the Revised Code or of a municipal ordinance that is	1311
substantially similar to that division, the offender shall not be	1312
issued a warning but shall be fined twenty-five dollars for each	1313
parking location that is not properly marked or whose markings are	1314
not properly maintained.	1315

(M) Whoever violates division (A)(1) or (2) of section	1316
4511.45 of the Revised Code is guilty of a misdemeanor of the	1317
fourth degree on a first offense; on a second offense within one	1318
year after the first offense, the person is guilty of a	1319
misdemeanor of the third degree; and on each subsequent offense	1320
within one year after the first offense, the person is guilty of a	1321
misdemeanor of the second degree.	1322

(N)(1) Whoever violates division (B) of section 4511.19 of	1323
the Revised Code is guilty of operating a motor vehicle after	1324
under-age alcohol consumption and shall be punished as follows:	1325

(a) Except as otherwise provided in division (N)(1)(b) of	1326
this section, the offender is guilty of a misdemeanor of the	1327
fourth degree.	1328

(b) The offender is guilty of a misdemeanor of the third	1329
degree if, within one year of the offense, the offender has been	1330
convicted of or pleaded guilty to any violation of the following:	1331

(i) Division (A) or (B) of section 4511.19 of the Revised	1332
Code;	1333

(ii) A municipal ordinance relating to operating a vehicle	1334
while under the influence of alcohol, a drug of abuse, or alcohol	1335
and a drug of abuse;	1336

(iii) A municipal ordinance relating to operating a vehicle	1337
with a prohibited concentration of alcohol in the blood, breath,	1338
or urine;	1339

(iv) Section 2903.04 of the Revised Code in a case in which	1340
the offender was subject to the sanctions described in division	1341
(D) of that section;	1342

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	1343
section 2903.08 of the Revised Code or a municipal ordinance that	1344
is substantially similar to either of those divisions;	1345

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	1346
division (A)(2) of section 2903.08 of the Revised Code or a	1347
municipal ordinance that is substantially similar to any of those	1348
divisions, or former section 2903.07 of the Revised Code or a	1349
substantially similar municipal ordinance, in a case in which the	1350
jury or judge found that the offender was under the influence of	1351
alcohol, a drug of abuse, or alcohol and a drug of abuse;	1352

(vii) A statute of the United States or of any other state	1353
or a municipal ordinance of a municipal corporation located in any	1354
other state that is substantially similar to division (A) or (B)	1355
of section 4511.19 of the Revised Code.	1356

(2) In addition to or independent of all other penalties	1357
provided by law, the offender's driver's or commercial driver's	1358
license or permit or nonresident operating privilege shall be	1359
suspended in accordance with, and for the period of time specified	1360
in, division (E) of section 4507.16 of the Revised Code.	1361

(O) Whoever violates section 4511.62 of the Revised Code is	1362
guilty of a misdemeanor of the fourth degree.	1363

(P) Whoever violates division (F)(1)(a) or (b) of section	1364
4511.69 of the Revised Code is guilty of a misdemeanor and shall	1365
be fined not less than two hundred fifty nor more than five	1366
hundred dollars, but in no case shall an offender be sentenced to	1367
any term of imprisonment.	1368

Arrest or conviction for a violation of division (F)(1)(a) or	1369
(b) of section 4511.69 of the Revised Code does not constitute a	1370
criminal record and need not be reported by the person so arrested	1371
or convicted in response to any inquiries contained in any	1372
application for employment, license, or other right or privilege,	1373
or made in connection with the person's appearance as a witness.	1374

Every fine collected under this division shall be paid by the	1375
clerk of the court to the political subdivision in which the	1376
violation occurred. Except as provided in this division, the	1377
political subdivision shall use the fine moneys it receives under	1378
this division to pay the expenses it incurs in complying with the	1379
signage and notice requirements contained in division (E) of	1380
section 4511.69 of the Revised Code. The political subdivision	1381
may use up to fifty per cent of each fine it receives under this	1382
division to pay the costs of educational, advocacy, support, and	1383
assistive technology programs for persons with disabilities, and	1384
for public improvements within the political subdivision that	1385
benefit or assist persons with disabilities, if governmental	1386
agencies or nonprofit organizations offer the programs.	1387

(Q)(1) Whoever violates division (C) of section 4511.512 of	1388
the Revised Code shall be punished as follows:	1389

(a) Except as otherwise provided in division (Q)(1)(b) of	1390
this section, the offender is guilty of a minor misdemeanor and	1391
shall be fined ten dollars.	1392

(b) If the offender previously has been convicted of or	1393
pleaded guilty to a violation of division (C) of section 4511.512	1394
of the Revised Code or a substantially similar municipal	1395
ordinance, the court shall do one of the following:	1396

(i) Order the impoundment for not less than one day but not	1397
more than thirty days of the electric personal assistive mobility	1398
device that was involved in the current violation of that	1399
division. The court shall order the device to be impounded at a	1400
safe indoor location designated by the court, but no fees of any	1401
kind, including storage, processing, or release fees, shall be	1402
assessed against the offender or the device in connection with the	1403
device's impoundment or subsequent release.	1404

(ii) If the court does not issue an impoundment order	1405
pursuant to division (Q)(1)(b)(i) of this section, issue an order	1406
prohibiting the offender from operating any electric personal	1407
assistive mobility device on the public streets, highways,	1408
sidewalks, and paths and portions of roadways set aside for the	1409
exclusive use of bicycles for not less than one day but not more	1410
than thirty days.	1411

(2) Whoever violates division (D)(1) of section 4511.512	1412
of the Revised Code is guilty of a minor misdemeanor.	1413

Section 2. That existing sections 4511.01 and 4511.99 of the	1414
Revised Code are hereby repealed.	1415