47-11-904.

§47-11-904.


    A.  Any person who is involved in a personal injury accident
while driving or operating a motor vehicle within this state and who
is in violation of the provisions of subsection A of Section 11-902
of this title may be charged with a violation of the provisions of
this subsection as follows:
    1.  Any person who is convicted of a violation of the provisions
of this subsection shall be deemed guilty of a misdemeanor for the
first offense and shall be punished by imprisonment in the county
jail for not less than ninety (90) days nor more than one (1) year,
and a fine of not more than Two Thousand Five Hundred Dollars
($2,500.00); and
    2.  Any person who is convicted of a second or subsequent
violation of the provisions of this subsection shall be deemed guilty
of a felony.  The fine for a violation of this subsection shall be
not more than Five Thousand Dollars ($5,000.00).  Such fine shall be
in addition to other punishment provided for by law and shall not be
imposed in lieu of such other punishment.
    B.  1.  Any person who causes an accident resulting in great
bodily injury to any person other than himself while driving or
operating a motor vehicle within this state and who is in violation
of the provisions of subsection A of Section 11-902 of this title may
be charged with a violation of the provisions of this subsection.
Any person who is convicted of a violation of the provisions of this
subsection shall be deemed guilty of a felony.  The fine for a
violation of this subsection shall be for not more than Five Thousand
Dollars ($5,000.00).  Such fine shall be in addition to other
punishment provided for by law and shall not be imposed in lieu of
such other punishment.
    2.  As used in this subsection, "great bodily injury" means
bodily injury which creates a substantial risk of death or which
causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.