imprisonment for not less than ten days and to pay a fine
of not less than $500 nor more than $5,000 and
successfully complete an approved boating safety course.
(2) Except as set forth in paragraph (3) or (4), an
individual who violates subsection (a)(1) where there was an
accident resulting in bodily injury, serious bodily injury or
death of any [person] individual or damage to a watercraft or
other property or who violates subsection (a.1) or (a.4)
shall be sentenced as follows:
(i) For a first offense, to undergo imprisonment for
not less than 48 consecutive hours and to pay a fine of
not less than $500 nor more than $5,000 and successfully
complete an approved boating safety course.
(ii) For a second offense, to undergo imprisonment
for not less than 30 days and to pay a fine of not less
than $750 nor more than $5,000 and successfully complete
an approved boating safety course.
(iii) For a third offense, to undergo imprisonment
for not less than 90 days and to pay a fine of not less
than $1,500 nor more than $10,000 and successfully
complete an approved boating safety course.
(iv) For a fourth or subsequent offense, to undergo
imprisonment for not less than one year and to pay a fine
of not less than $1,500 nor more than $10,000 and
successfully complete an approved boating safety course.
(3) Except as set forth in paragraph (4), an individual
who violates subsection (a)(1) and refused testing of blood
or breath or an individual who violates subsection (a.2) or
(a.3) shall be sentenced as follows:
(i) For a first offense, to undergo imprisonment for
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