61-8-714. Penalty for driving under influence of alcohol or drugs -- first through third offense. (1) A person convicted of a violation of 61-8-401 shall be punished by imprisonment for not less than 24 consecutive hours or more than 6 months and shall be punished by a fine of not less than $300 or more than $1,000. The initial 24 hours of the imprisonment term must be served in the county jail and may not be served under home arrest. The mandatory imprisonment sentence may not be suspended unless the judge finds that the imposition of the imprisonment sentence will pose a risk to the person's physical or mental well-being. Except for the initial 24 hours of the imprisonment term, notwithstanding 46-18-201(2), the imprisonment sentence may be suspended for a period of up to 1 year pending successful completion of court-ordered chemical dependency assessment, education, or treatment by the person.
     (2) On a second conviction, the person shall be punished by a fine of not less than $600 or more than $1,000 and by imprisonment for not less than 7 days or more than 6 months. At least 48 hours of the imprisonment term must be served consecutively in the county jail and may not be served under home arrest. The imposition or execution of the first 5 days of the imprisonment sentence may not be suspended. Except for the initial 5 days of the imprisonment term, notwithstanding 46-18-201(2), the imprisonment sentence may be suspended for a period of up to 1 year pending successful completion of a chemical dependency treatment program by the person.
     (3) On the third conviction, the person shall be punished by imprisonment for a term of not less than 30 days or more than 1 year and by a fine of not less than $1,000 or more than $5,000. At least 48 hours of the imprisonment term must be served consecutively in the county jail and may not be served under home arrest. The imposition or execution of the first 10 days of the imprisonment sentence may not be suspended. The remainder of the imprisonment sentence may be suspended for a period of up to 1 year pending successful completion of a chemical dependency treatment program by the person.

     History: En. Sec. 39, Ch. 263, L. 1955; amd. Sec. 1, Ch. 194, L. 1957; amd. Sec. 3, Ch. 201, L. 1957; amd. Sec. 1, Ch. 109, L. 1961; amd. Sec. 1, Ch. 132, L. 1971; amd. Sec. 1, Ch. 289, L. 1977; amd. Sec. 1, Ch. 430, L. 1977; R.C.M. 1947, 32-2142(3), (4); amd. Sec. 1, Ch. 56, L. 1979; amd. Sec. 1, Ch. 301, L. 1979; amd. Sec. 1, Ch. 451, L. 1981; amd. Sec. 1, Ch. 433, L. 1983; amd. Sec. 1, Ch. 242, L. 1985; amd. Sec. 2, Ch. 476, L. 1989; amd. Sec. 1, Ch. 101, L. 1991; amd. Sec. 1, Ch. 102, L. 1991; amd. Sec. 11, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 7, Ch. 789, L. 1991; amd. Sec. 1, Ch. 474, L. 1993; amd. Sec. 8, Ch. 447, L. 1995; amd. Sec. 517, Ch. 546, L. 1995; amd. Sec. 1, Ch. 567, L. 1995; amd. Sec. 1, Ch. 512, L. 1997; amd. Sec. 6, Ch. 525, L. 1997; amd. Sec. 3, Ch. 455, L. 1999; amd. Sec. 5, Ch. 563, L. 2001; amd. Sec. 5, Ch. 300, L. 2003.