(1) It shall be unlawful for any person to operate a motor vehicle upon highways without a valid policy of liability insurance in full force and effect in an amount not less than that provided in section 49-117, Idaho Code, or unless the person has been issued a certificate of self-insurance pursuant to section 49-1224, Idaho Code, or has previously posted an indemnity bond with the director of insurance as provided in section 49-1229, Idaho Code.
(2)  It is an infraction punishable by a fine of seventy-five dollars ($75.00) for any person to violate the provisions of this section for the first time. A second and any subsequent conviction of a violation of the provisions of this section or the provisions of section 49-1229 or 49-1232, Idaho Code, within five (5) years shall be a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six (6) months, or both. The department shall notify any person convicted of a violation of this section of the penalties which may be imposed for a second and any subsequent conviction.