(1) As part of any sentence for a first conviction of Section 41-6a-502: (a) the court shall: (i) (A) impose a jail sentence of not less than 48 consecutive hours; or (B) require the individual to work in a compensatory-service work program for not less than 48 hours; (ii) order the individual to participate in a screening; (iii) order the individual to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii); (iv) order the individual to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (1)(b); (v) impose a fine of not less than $700; (vi) order probation for the individual in accordance with Section 41-6a-507, if there is admissible evidence that the individual had a blood alcohol level of .16 or higher; (vii) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or (viii) (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and (b) the court may: (i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate; (ii) order probation for the individual in accordance with Section 41-6a-507; (iii) order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or (iv) order a combination of Subsections (1)(b)(i) through (iii).

(a) the court shall: (i) (A) impose a jail sentence of not less than 48 consecutive hours; or (B) require the individual to work in a compensatory-service work program for not less than 48 hours; (ii) order the individual to participate in a screening; (iii) order the individual to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii); (iv) order the individual to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (1)(b); (v) impose a fine of not less than $700; (vi) order probation for the individual in accordance with Section 41-6a-507, if there is admissible evidence that the individual had a blood alcohol level of .16 or higher; (vii) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or (viii) (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and

(i) (A) impose a jail sentence of not less than 48 consecutive hours; or (B) require the individual to work in a compensatory-service work program for not less than 48 hours;

(A) impose a jail sentence of not less than 48 consecutive hours; or

(B) require the individual to work in a compensatory-service work program for not less than 48 hours;

(ii) order the individual to participate in a screening;

(iii) order the individual to participate in an assessment, if it is found appropriate by a screening under Subsection (1)(a)(ii);

(iv) order the individual to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (1)(b);

(v) impose a fine of not less than $700;

(vi) order probation for the individual in accordance with Section 41-6a-507, if there is admissible evidence that the individual had a blood alcohol level of .16 or higher;

(vii) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or

(A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or

(B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or

(viii) (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and

(A) order the individual to pay the towing and storage fees described in Section 72-9-603; or

(B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and

(b) the court may: (i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate; (ii) order probation for the individual in accordance with Section 41-6a-507; (iii) order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or (iv) order a combination of Subsections (1)(b)(i) through (iii).

(i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;

(ii) order probation for the individual in accordance with Section 41-6a-507;

(iii) order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or

(iv) order a combination of Subsections (1)(b)(i) through (iii).

(2) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is within 10 years of the current conviction under Section 41-6a-502 or the commission of the offense upon which the current conviction is based: (a) the court shall: (i) (A) impose a jail sentence of not less than 240 hours; or (B) impose a jail sentence of not less than 120 hours in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506; (ii) order the individual to participate in a screening; (iii) order the individual to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii); (iv) order the individual to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (2)(b); (v) impose a fine of not less than $800; (vi) order probation for the individual in accordance with Section 41-6a-507; (vii) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or (viii) (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and (b) the court may: (i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate; (ii) order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or (iii) order a combination of Subsections (2)(b)(i) and (ii).

(a) the court shall: (i) (A) impose a jail sentence of not less than 240 hours; or (B) impose a jail sentence of not less than 120 hours in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506; (ii) order the individual to participate in a screening; (iii) order the individual to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii); (iv) order the individual to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (2)(b); (v) impose a fine of not less than $800; (vi) order probation for the individual in accordance with Section 41-6a-507; (vii) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or (viii) (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and

(i) (A) impose a jail sentence of not less than 240 hours; or (B) impose a jail sentence of not less than 120 hours in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;

(A) impose a jail sentence of not less than 240 hours; or

(B) impose a jail sentence of not less than 120 hours in addition to home confinement of not fewer than 720 consecutive hours through the use of electronic monitoring that includes a substance abuse testing instrument in accordance with Section 41-6a-506;

(ii) order the individual to participate in a screening;

(iii) order the individual to participate in an assessment, if it is found appropriate by a screening under Subsection (2)(a)(ii);

(iv) order the individual to participate in an educational series if the court does not order substance abuse treatment as described under Subsection (2)(b);

(v) impose a fine of not less than $800;

(vi) order probation for the individual in accordance with Section 41-6a-507;

(vii) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or (B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or

(A) order the individual to pay the administrative impound fee described in Section 41-6a-1406; or

(B) if the administrative impound fee was paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; or

(viii) (A) order the individual to pay the towing and storage fees described in Section 72-9-603; or (B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and

(A) order the individual to pay the towing and storage fees described in Section 72-9-603; or

(B) if the towing and storage fees were paid by a party described in Subsection 41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to reimburse the party; and

(b) the court may: (i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate; (ii) order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or (iii) order a combination of Subsections (2)(b)(i) and (ii).

(i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;

(ii) order the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older; or

(iii) order a combination of Subsections (2)(b)(i) and (ii).

(3) Under Subsection 41-6a-503(2), if the court suspends the execution of a prison sentence and places the defendant on probation, the court shall impose: (a) a fine of not less than $1,500; (b) a jail sentence of not less than 1,500 hours; and (c) supervised probation.

(a) a fine of not less than $1,500;

(b) a jail sentence of not less than 1,500 hours; and

(c) supervised probation.

(4) For Subsection (3) or Subsection 41-6a-503(2)(b), the court: (a) shall impose an order requiring the individual to obtain a screening and assessment for alcohol and substance abuse, and treatment as appropriate; and (b) may impose an order requiring the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older.

(a) shall impose an order requiring the individual to obtain a screening and assessment for alcohol and substance abuse, and treatment as appropriate; and

(b) may impose an order requiring the individual to participate in a 24-7 sobriety program as defined in Section 41-6a-515.5 if the individual is 21 years of age or older.

(5) The requirements of Subsections (1)(a), (2)(a), (3), and (4) may not be suspended.

(6) If an individual is convicted of a violation of Section 41-6a-502 and there is admissible evidence that the individual had a blood alcohol level of .16 or higher, the court shall order the following, or describe on record why the order or orders are not appropriate: (a) treatment as described under Subsection (1)(b), (2)(b), or (4); and (b) one or more of the following: (i) the installation of an ignition interlock system as a condition of probation for the individual in accordance with Section 41-6a-518; (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation for the individual; or (iii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.

(a) treatment as described under Subsection (1)(b), (2)(b), or (4); and

(b) one or more of the following: (i) the installation of an ignition interlock system as a condition of probation for the individual in accordance with Section 41-6a-518; (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation for the individual; or (iii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.

(i) the installation of an ignition interlock system as a condition of probation for the individual in accordance with Section 41-6a-518;

(ii) the imposition of an ankle attached continuous transdermal alcohol monitoring device as a condition of probation for the individual; or

(iii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.