State v. Tester

OPINION

ANDERSON, Justice.

In this direct appeal, we are asked to determine the constitutionality of a general law 1 with limited application which allows persons convicted of second offense driving under the influence of a drug or intoxicant to serve the mandatory 45-day jail sentence in a work release program. It applies only to three counties — Davidson and Moore, because they have metropolitan governments, and Shelby, because of its population classification. In all other counties in the State, the law requires that second-time DUI offenders serve a minimum mandatory jail sentence of 45…