(1) M(a): driving a vehicle while:

(a) BAC 0.08% or more by breath or blood test under 813.100 (Implied consent - breath or blood test, chemical test) to 813.150 (Chemical test at request of arrested person)

(b) is under the influence of an intoxicant or a combination of intoxicants; OR

(c) Within two (2) )hours after driving a vehicle, and without consuming alcohol in the intervening time period, has 0.08 percent or more by weight of alcohol in the blood of the person, as shown by chemical analysis of the breath or blood of the person made under 813.100 (implied consent - breath or blood test), 813.140 (chemical test with consent - unconscious person) or 813.150 (Chemical test at request of arrested person).

(2) A person convicted of the offense described in this section is subject to 813.020 (Fee to be paid on conviction) in addition to this section

(3) Except as provided in paragrpah (4), driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public.

(4) F(c):

(a) the current offense was committed in a motor vehicle & the suspect has, three (3) or more times in the ten (10) years prior to the date of the current offense, been convicted of or been found to be within the jurisdiction of the juvenile court for an act that if committed by an adult would be, any of the following offenses in any combination:

(A) DUII in violation of:

(i) this statute

(ii) the statutory counterpart to this statute in another jurisdiction

(B) a DUII in another jurisdiction involving the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, cannabis, a controlled substance, an inhalant or any combination of them

(C) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of an intoxicant or a combination of intoxicants

(b) for the purposes of (a), a conviction or adjudication for a driving offense in another jurisdiction based solely on a person under 21 having a BAC that is lower than the permissible BAC in that jurisdiction for a person 21 or older doesn't constitute a prior conviction or adjudication

(5) in addition to any other sentence that may be imposed, the court shall impose one or more of the following fines on a person convicted of DUII as follows:

(a) for a first conviction, a minimum of $1,000

(b) for a second conviction, a minimum of $1,500

(c) for a third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment

(d) for a person who drives a vehicle while having a BAC greater than 0.15% as shown by chemical analysis of their breath or blood of the person made under 813.100 (implied consent - breath or blood test), 813.140 (chemical test with consent - unconscious person), or 813.150 (Chemical test at request of arrested person), a minimum of $2,000

(6) regardless of 161.635 (Fines for misdemeanors), the maximum fine that a court may impose on a person convicted of DUII is $10,000 if:

(a) the current offense was committed in a motor vehicle AND

(b) there was a passenger in the motor vehicle who was under 18 & was at least three (3) years younger than the person driving