repeat intoxicated driver law
(5) Repeat intoxicated driver law .— The term “repeat intoxicated driver law” means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall— (A) receive, for a period of not less than 1 year— (i) a suspension of all driving privileges; (ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies; (iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24-7 sobriety program; or (iv) any combination of clauses (i) through (iii); (B) receive an assessment of the individual’s degree of abuse of alcohol and treatment as appropriate; and (C) receive— (i) in the case of the second offense— (I) an assignment of not less than 30 days of community service; or (II) not less than 5 days of imprisonment (unless the State certifies that the general practice is that such an individual will be incarcerated); and (ii) in the case of the third or subsequent offense— (I) an assignment of not less than 60 days of community service; or (II) not less than 10 days of imprisonment (unless the State certifies that the general practice is that such an individual will receive 10 days of incarceration).