A person who violates a provision of Section 56-5-2930 or 56-5-2933, upon conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail must be punished:

1. (1) by a fine of four hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; however, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence;
2. (2) by a fine of not less than two thousand one hundred dollars nor more than five thousand one hundred dollars and imprisonment for not less than five days nor more than one year for the second offense. However, the fine imposed by this item shall not be suspended in an amount less than one thousand one hundred dollars. In lieu of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than thirty days upon terms and conditions the court considers proper;
3. (3) by a fine of not less than three thousand eight hundred dollars nor more than six thousand three hundred dollars and imprisonment for not less than sixty days nor more than three years for the third offense;

4. (4) by imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.

   No part of the minimum sentences provided in this section may be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury, the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.

   The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.

   For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere, or forfeiture of bail for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics constitutes a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.

   Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside.

   One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the Department of Public Safety for the Highway Patrol.

   Two hundred dollars of the fine imposed pursuant to subsection (3) must be placed by the Comptroller General into a special restricted account to be used by the State Law Enforcement Division to offset the costs of administration of the datamaster, breath testing site video program, ignition interlock provisions, and toxicology laboratory.

   SECTION 56-5-2930 and SECTION 56-5-2940 of the Uniform Act Regulating Traffic on Highways is applicable only to those offenses of driving while under the influence of alcoholic beverages which occur within the boundaries of the State of South Carolina, or within the political subdivisions and municipalities herein. 1980 Op Atty Gen, No 80-46, p 92.

   Recorder's jurisdiction of second drunk driving offense. A recorder has only jurisdiction to issue an arrest warrant, hold preliminary hearing, and either throw out or send on a second drunk driving offense for disposition before the general sessions court. He would not have authority to try the case and dispose of it for all purposes. 1963-64 Op Atty Gen, No 1612, p 29.

   In the absence of legislation expressly stating that the clerk of the circuit court is responsible for transmitting fines imposed in a magistrate's or municipal court for a case transferred to the docket of that court from general sessions, there appears to be no responsibility for the clerk in such regard. However, there appears to be no prohibition to any assistance by the clerk with the consent of the magistrate as to such fines. 1992 Op Atty Gen No. 92-29.

   Sentencing judge lacks authority to suspend all or part of monetary fine imposed upon a person convicted of felony DUI. Language contained in Section 56-5-2945, that no part of mandatory "sentences" may be suspended, includes fines imposed as well as imprisonment set forth. 1993 Op Atty Gen No. 93-22.