1st Offense Misdemeanor (a) Except as otherwise provided in subdivisions (b) and (c) below, the person is guilty of a misdemeanor punishable by 1 or more of the following: (i) Community service for not more than 360 hours. (ii) Imprisonment for not more than 93 days. (iii) A fine of not less than $100.00 or more than $500.00.
2nd Offense Misdemeanor (b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and 1 or more of the following: 5 days to 1 year and/or 30 to 90 days community service. (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively. (ii) Community service for not less than 30 days or more than 90 days.
3rd Offense Felony (c) If a person has two or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following: 1 to 5 years imprisonment (Dept. of Corrections) (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years. OR: at least 30 days to 1 year with 60 to 180 days community service (County jail) (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
(b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00, and 1 or more of the following: (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this subparagraph shall be served consecutively. (ii) Community service for not less than 30 days or more than 90 days.
(c) If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and either of the following: (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years. (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.