ROBERT L. EHRLICH, JR., Governor                             Ch. 334

provided under paragraph (1) of this subsection, a prior conviction of § 21-902(a), §
21-902(b), or § 21-902(c) of this article shall be considered a conviction of § 21-902(d)
of this article.]

(j) (1) In this subsection, "imprisonment" includes confinement in:

(i) An inpatient rehabilitation or treatment center; or

(ii) Home detention that includes electronic monitoring for the
purpose of participating in an alcohol treatment program that is:

1.       Certified by the Department of Health and Mental
Hygiene;

2.       Certified by an agency in an adjacent state that has
powers and duties similar to the Department of Health and Mental Hygiene; or

3.       Approved by the court.

(2)     (I) A person who is convicted of a violation of § 21-902(a) of this
article within 5 years after a prior conviction under that subsection is subject to a
mandatory minimum penalty of imprisonment for not less than 5 days.

[(3)] (II) A person who is convicted of a third or subsequent offense under
§ 21-902(a) of this article within 5 years is subject to a mandatory minimum penalty
of imprisonment for not less than 10 days.

(3)      (I) A PERSON WHO IS CONVICTED OF A VIOLATION OF § 21-902(D)
OF THIS ARTICLE WITHIN 5 YEARS AFTER A PRIOR CONVICTION UNDER THAT
SUBSECTION IS SUBJECT TO A MANDATORY MINIMUM PENALTY OF IMPRISONMENT
FOR NOT LESS THAN 5 DAYS.

(II) A PERSON WHO IS CONVICTED OF A THIRD OR SUBSEQUENT
OFFENSE UNDER § 21-902(D) OF THIS ARTICLE WITHIN 5 YEARS IS SUBJECT TO A
MANDATORY MINIMUM PENALTY OF IMPRISONMENT FOR NOT LESS THAN 10 DAYS.

(4)     A person who is convicted of an offense under § 21-902(a) of this
article within 5 years of a prior conviction of any offense under that subsection shall
be required by the court to:

(i) Undergo a comprehensive alcohol abuse assessment; and

(ii) If recommended at the conclusion of the assessment, participate
in an alcohol program as ordered by the court that is:

1.       Certified by the Department of Health and Mental
Hygiene;

2.       Certified by an agency in an adjacent state that has
powers and duties similar to the Department of Health and Mental Hygiene; or

3.       Approved by the court.

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