The statute requires the court to sentence a second-time offender to serve not less than ninety days in jail. The court may suspend all but thirty days of the sentence if the person completes a court-ordered alcohol screening, counseling, education, and treatment program. If the person fails to follow through with counseling, education, or treatment, the court will issue an order compelling the person to show cause why the remaining sixty days should not be served. Thirty days must be served consecutively unless the sentence includes a provision for work release, which is discussed below; then the requirement is reduced to forty-eight consecutive hours. The statute requires a fine of not less than eight hundred dollars plus administrative fees and court costs. The court may also order community service, the Victim Impact Panel, and supervised probation.

Work Release Programs
First and second-time offenders are eligible for work release. Whether or not a person's sentence will include work release is left to the discretion of the court. If a person is employed or is a student, the court may permit the person to be released from jail only long enough to complete the actual hours of employment or studies, up to twelve hours per day, and not more than five days per week. However, a first time offender cannot commence a work release program until he/she has served at least twenty-four consecutive hours in jail. Likewise, a second time offender must serve at lease forty-eight hours in jail before a work release program may begin.