28-8284. Violation; classification

A. A person who is convicted of a violation of section 28-8282 is guilty of a class 1 misdemeanor and shall be sentenced to serve not less than twenty-four consecutive hours in jail.

B. The court shall order the person to pay a fine of not less than two hundred fifty dollars and may order the person to perform not less than eight or more than twenty-four hours of community restitution.

C. A court shall not grant probation to or suspend any part or all of the imposition or execution of a sentence required by this section, except on the condition that the person serve not less than twenty-four consecutive hours in jail and pay a fine of not less than two hundred fifty dollars.

D. The court:

1. Shall not excuse an offender from spending twenty-four consecutive hours in jail.

2. May require the offender to attend traffic safety or alcohol abuse classes at the offender's expense.

3. If in the court's opinion the offender has the problem of habitual abuse of alcohol or drugs, shall require the offender to obtain treatment under its supervision.

4. Shall order the offender to pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

5. Shall order the offender to pay an additional assessment of five hundred dollars to be deposited by the state treasurer in the public safety equipment fund established by section 41-1723. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.

E. Notwithstanding subsection A of this section, the judge may sentence a person pursuant to section 28-8286 instead of pursuant to subsection A of this section, if all of the following conditions are met:

1. The person is convicted of a violation of section 28-8282.

2. The prosecutor alleges the provisions of this subsection.

3. The court finds that alternative sentencing will serve the best interests of this state and that the person:

(a) Has not been convicted of one or more violations of section 28-8282 within sixty months of the date of commission of the acts out of which the charges arose. The dates of commission of the offense are the determining factor in applying this paragraph.

(b) Was not flying with 0.08 per cent or more by weight of alcohol in the person's blood.

(c) Did not cause serious physical injury as defined in section 13-105 to another person during the same event or course of conduct that resulted in the conviction for which the person is to be sentenced.