Present law requires an offender sentenced to a period of incarceration for driving under the influence to commence service of the sentence within 30 days of conviction or, if space is not immediately available in the appropriate municipal or county jail or workhouse, as soon as such space is available. The sheriff or chief administrative officer of a local jail or workhouse may use alternative facilities for the incarceration of an offender convicted of driving under the influence. This bill rewrites the present law by, instead, authorizing the court, not the sheriff or chief administrative officer of a local jail, to authorize the use of alternative facilities for the incarceration of an offender convicted of a violation of driving under the influence.

Statutes affected:
Introduced: 55-10-402(f), 55-10-402