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A. It is unlawful and punishable for any person who is under the influence of intoxicating liquor or who is under the influence of any drug to a degree which renders the person incapable of safely driving a motor vehicle to operate or be in actual physical control of any motor vehicle upon a public highway, roadway or public parking area within the jurisdiction of the Osage Nation.

B. It is unlawful and punishable for any person who has 0.08 percent or more by weight of alcohol in the person’s blood to drive or be in actual physical control of a vehicle upon a public highway, roadway or public parking area within the Osage Nation.

C. Every person who is convicted of a violation of subsection (A) or (B) of this section shall, notwithstanding anything to the contrary in this Title, be subject to mandatory sanctions in accordance with the following:

1. For a first offense, the sentence must include both a fine of at least Two Hundred Fifty Dollars ($250.00) and not more than Two Thousand Five Hundred Dollars ($2,500.00) and an order for addiction evaluation by an appropriate licensed addiction treatment program and three days imprisonment or ten (10) days community service;

2. For a second offense within five years, the sentence shall include at least four days imprisonment of which forty-eight (48) hours must be served consecutively, or a maximum of eighty (80) hours of community service; a fine of at least Five Hundred Dollars ($500.00) and not more than Two Thousand Five Hundred Dollars ($2,500.00); and an order for addiction evaluation by an appropriate licensed addiction treatment program;

3. For a third or additional offense within five years, the sentence shall include at least sixty (60) days but not more than one year of imprisonment of which forty-eight (48) hours must be served consecutively; a fine of at least One Thousand Dollars ($1,000.00) and not more than Two Thousand Five Hundred Dollars ($2,500.00) and an order for addiction evaluation by an appropriate licensed addiction treatment program;

4. The execution or imposition of a minimum sentence under this section may not be suspended or deferred except that the Court may, in lieu of all or part of the fines or imprisonment, order community service.