Felony Punishment. A person convicted of driving while impaired is guilty of a felony of the third degree if at the time of arrest, he or she was operating a motor vehicle in which a child under the age of sixteen (16) was a passenger, or if a child under the age of sixteen (16) was injured as a result of an accident in which the motor vehicle operated by the impaired person was involved, and notwithstanding any other provision of law, shall be sentenced as follows: (a) A term of incarceration of not more than five (5) years. (b) A mandatory fine of not less than Three Thousand Dollars ($3,000), and not more than Five Thousand Dollars ($5,000). (c)(1) Suspension of a person’s driving privilege for not less than one (1) year without occupational driving privileges, which time period may be reduced at the discretion of the court, provided on motion by the defendant that he has: (A) completed court-approved treatment; (B) paid all fines and fees; (C) has not been charged with a subsequent
criminal offense; and (D) the probation officer recommends reduction based on satisfactory performance. (2) The court may further reduce the period of suspension by no more than fifty percent (50%), provided the defendant agrees to have installed either a breath alcohol ignition interlock device (BAIID) as ordered by the court, or an electronic alcohol monitoring device approved by the court. (d) The court shall notify the Department of Revenue and Taxation of each conviction of this Section. 2018 NOTE: Subsection/subitem designations added/altered pursuant to the authority of 1 GCA § 1606.