Imprisonment; community restitution or service; alcohol or drug
abuse treatment
Sec. 15. (a) In addition to any criminal penalty imposed for an
offense under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least five (5) days;
or
(B) the person to perform at least one hundred eighty (180)
hours of community restitution or service; and
(2) order the person to receive an assessment of the person's
degree of alcohol and drug abuse and, if appropriate, to
successfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the person
suffers from alcohol abuse;
if the person has one (1) previous conviction of operating while
intoxicated.
(b) In addition to any criminal penalty imposed for an offense
under this chapter, the court shall:
(1) order:
(A) that the person be imprisoned for at least ten (10) days;
or
(B) the person to perform at least three hundred sixty (360)
hours of community restitution or service; and
(2) order the person to receive an assessment of the person's
degree of alcohol and drug abuse and, if appropriate, to
successfully complete an alcohol or drug abuse treatment
program, including an alcohol deterrent program if the person
suffers from alcohol abuse;
if the person has at least two (2) previous convictions of operating
while intoxicated.
(c) Notwithstanding IC 35-50-2-2 and IC 35-50-3-1, a sentence
imposed under this section may not be suspended. The court may
require that the person serve the term of imprisonment in an
appropriate facility at whatever time or intervals (consecutive or
intermittent) determined appropriate by the court. However:
(1) at least forty-eight (48) hours of the sentence must be served
consecutively; and
(2) the entire sentence must be served within six (6) months
after the date of sentencing.
(d) Notwithstanding IC 35-50-6, a person does not earn credit
time while serving a sentence imposed under this section.
As added by P.L.2-1991, SEC.18. Amended by P.L.266-1999, SEC.3;
P.L.32-2000, SEC.2; P.L.85-2004, SEC.48.
Last modified: May 27, 2006