61-8-722. Penalty for driving with excessive alcohol concentration -- first through third offense. (1) Except as provided in subsection (4), a person convicted of a violation of 61-8-406 shall be punished by imprisonment for not more than 10 days 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 more than 20 days and by a fine of not less than $600 or more than $2,000.
     (2) Except as provided in subsection (4), on a second conviction of a violation of 61-8-406, the person shall be punished by imprisonment for not less than 5 days, to be served in the county jail and not on home arrest, or more than 30 days and by a fine of not less than $600 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 10 days, which may not be served on home arrest, or more than 60 days and by a fine of not less than $1,200 or more than $2,000. The imposition or execution of the first 5 days of the imprisonment sentence may not be suspended.
     (3) Except as provided in subsection (4), on a third conviction of a violation of 61-8-406, the person shall be punished by imprisonment for not less than 10 days, to be served in the county jail and not on home arrest, or more than 6 months 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 not less than 20 days, which may not be served on home arrest, or more than 12 months and by a fine of not less than $2,000 or more than $10,000. The imposition or execution of the first 10 days of the imprisonment sentence may not be suspended.
     (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. 11, Ch. 698, L. 1983; amd. Sec. 2, Ch. 242, L. 1985; amd. Sec. 2, Ch. 101, L. 1991; amd. Sec. 12, Ch. 105, L. 1991; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 8, Ch. 789, L. 1991; amd. Sec. 2, Ch. 474, L. 1993; amd. Sec. 9, Ch. 447, L. 1995; amd. Sec. 518, Ch. 546, L. 1995; amd. Sec. 2, Ch. 567, L. 1995; amd. Sec. 255, Ch. 42, L. 1997; amd. Sec. 2, Ch. 512, L. 1997; amd. Sec. 7, Ch. 525, L. 1997; amd. Sec. 6, Ch. 300, L. 2003; amd. Sec. 3, Ch. 426, L. 2005; amd. Sec. 2, Ch. 477, L. 2005.