31-5-225. Fleeing or attempting to elude police officers; penalty.

(a) Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, when given visual or audible signal to bring the vehicle to a stop, is guilty of a misdemeanor. The signal given by the police officer may be by hand, voice, emergency light or siren. The officer giving the signal shall be in uniform, prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.

(b) Except as provided in subsection (d) of this section, every person convicted of fleeing or attempting to elude a police officer shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment for not more than six (6) months, or both.

(c) A driver commits aggravated fleeing or attempting to elude a police officer if:

(i) The driver has previously been convicted of fleeing or eluding a police officer under either subsection (a) of this section or this subsection; or

(ii) In the course of committing a violation under subsection (a) of this section the driver:

(A) Attempts to cause or intentionally or knowingly causes bodily injury to any other person; or

(B) Causes property damage to the property of any other person in an amount exceeding ten thousand dollars ($10,000.00).

(d) Every person convicted of aggravated fleeing or attempting to elude a police officer shall be guilty of a felony and shall be punished by a fine of not more than five thousand dollars ($5,000.00) or by imprisonment for not more than five (5) years, or both.