61-8-714. Penalty for driving under influence of alcohol or drugs -- first through third offense. (1) Except as provided in subsection (4), 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 by a fine of not less than $300 or more than $1,000, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for not less than 48 consecutive hours or more than 12 months and by a fine of not less than $600 or more than $2,000. The initial 24 hours of the imprisonment term must be served 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) Except as provided in subsection (4), 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, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by a fine of not less than $1,200 or more than $2,000 and by imprisonment for not less than 14 days or more than 12 months. At least 48 hours of the imprisonment term must be served and served consecutively 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) Except as provided in subsection (4), 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, except that if one or more passengers under 16 years of age were in the vehicle at the time of the offense, the person shall be punished by imprisonment for a term of not less than 60 days or more than 12 months and by a fine of not less than $2,000 or more than $10,000. At least 48 hours of the imprisonment term must be served and served consecutively 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.
     (4) If the person has a prior conviction under 45-5-106, the person shall be punished as provided in 61-8-731 for a fourth or subsequent offense of driving under the influence of alcohol or drugs or with an excessive alcohol concentration.

     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; amd. Sec. 2, Ch. 426, L. 2005; amd. Sec. 1, Ch. 477, L. 2005.