Any driving permit issued by the court to any person, who has been convicted of a violation of § 32-23-1 shall be conditioned on the person's total abstinence from the use of alcohol, the person's participation in the 24/7 sobriety program created by §§ 1-11-17 to 1-11-25, inclusive, in those counties where 24/7 sobriety testing is available, the payment of associated costs and expenses and the person meeting one of the following conditions:

1. (1) The person had a previous conviction for a violation of § 32-23-1 within the last ten years; or
2. (2) That the person had a 0.17 percent or more by weight of alcohol in that person's blood at the time the violation occurred. The court shall immediately revoke the permit upon a showing of proof by a preponderance of the evidence that the person has violated this condition.

Source: SL 2006, ch 168 , § 15; SL 2007, ch 4 , § 12; SL 2011, ch 4 , § 1.