(A)

1. (1) Except as provided in subitem (2), a person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be punished as follows:

   1. (a) for a first offense, fined three hundred dollars or imprisoned for thirty days, or both;
   2. (b) for a second offense, fined six hundred dollars or imprisoned for sixty consecutive days, or both; and

   3. (c) for a third and subsequent offense, fined one thousand dollars and imprisoned for not less than ninety days nor more than six months, no portion of which may be suspended by the trial judge.

      Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem may be tried in magistrate's court.

2. (2) A person who drives a motor vehicle on any public highway of this State when his license has been suspended or revoked pursuant to the provisions of Section 56-5-2990 must, upon conviction, be punished as follows:

   1. (a) for a first offense, fined three hundred dollars or imprisoned for not less than ten nor more than thirty days;
   2. (b) for a second offense, fined six hundred dollars or imprisoned for not less than sixty days nor more than six months;

   3. (c) for a third and subsequent offense, fined one thousand dollars and imprisoned for not less than six months nor more than three years.

      No portion of the minimum sentence imposed under this subitem may be suspended.