A. A person who is convicted of a gross misdemeanor under this chapter shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three hundred sixty-five days or by both fine and imprisonment.

B. A person who is convicted of a misdemeanor under this chapter shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than ninety days or by both fine and imprisonment.

C. Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs.

D. A person who is convicted of a misdemeanor or violates any provision of LMC 9.44.030 and 9.44.040 shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to defendant’s physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.

E. If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter or equivalent state law, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

If the conviction is for the juvenile’s first violation of this chapter or Chapter 66.44, 69.41 or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile’s second or subsequent violation of this chapter or Chapter 66.44, 69.41 or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile’s privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered. (Ord. 910 §2 (part), 1991).