HB0173 - DUI-penalty for multiple offenses.

 

2001

State of Wyoming

01LSO-0421

 

 

 

HOUSE BILL NO.  HB0173

 

 

DUI-penalty for multiple offenses.

 

Sponsored by:  Representative(s) Watt, Iekel and Rose

 

 

A BILL

 

for

 

 1  AN ACT relating to driving under the influence of
 2  intoxicating liquor or controlled substances; enhancing the
 3  penalty for a third or subsequent conviction as specified;
 4  and providing for an effective date.

 5 

 6  Be It Enacted by the Legislature of the State of Wyoming:

 7 

 8         Section 1.  W.S. 31-5-233(e) is amended to read:

 9 

10         31-5-233.  Driving or having control of vehicle while
11  under influence of intoxicating liquor or controlled
12  substances; penalties.

13 

14         (e)  Except as provided in subsection (h) of this
15  section, a person convicted of violating this section is
16  guilty of a misdemeanor punishable by imprisonment for not
17  more than six (6) months, a fine of not more than seven

 

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 1  hundred fifty dollars ($750.00), or both. On a second
 2  conviction within five (5) years after a conviction for a
 3  violation of this section or other law prohibiting driving
 4  while under the influence, he shall be punished by
 5  imprisonment for not less than seven (7) days nor more than
 6  six (6) months and shall not be eligible for probation or
 7  suspension of sentence or release on any other basis until
 8  he has served at least seven (7) days in jail. In addition,
 9  the person may be fined not less than two hundred dollars
10  ($200.00) nor more than seven hundred fifty dollars
11  ($750.00). On A person convicted of a third or subsequent
12  conviction violation of this section within five (5) years
13  after a conviction for a violation of this section or other
14  law prohibiting driving while under the influence, he is
15  guilty of a felony and shall be punished by imprisonment
16  for not less than thirty (30) days nor more than six (6)
17  months and shall not be eligible for probation or
18  suspension of sentence or release on any other basis until
19  he has served at least thirty (30) days in jail two (2)
20  years and a fine of not more than three thousand dollars
21  ($3,000.00), or both. The court, after consultation with
22  the sheriff, may order the person to undergo outpatient
23  alcohol or substance abuse treatment during any mandatory
24  period of incarceration. The minimum period of imprisonment

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 1  for a third or subsequent violation shall be mandatory, but
 2  the court may suspend up to fifteen (15) days of the
 3  mandatory period of imprisonment if, subsequent to the date
 4  of the current violation, the offender completes an
 5  inpatient treatment program approved by the court. In
 6  addition, the person may be fined not less than seven
 7  hundred fifty dollars ($750.00) nor more than three
 8  thousand dollars ($3,000.00). The judge may suspend part or
 9  all of the discretionary portion of an imprisonment
10  sentence under this subsection and place the defendant on
11  probation on condition that the defendant pursues and
12  completes an alcohol education or treatment program as
13  prescribed by the judge. Notwithstanding any other
14  provision of law, the term of probation imposed by a judge
15  under this section may exceed the maximum term of
16  imprisonment established for the offense under this
17  subsection provided the term of probation together with any
18  extension thereof, shall in no case exceed three (3) years.

19 

 

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 1         Section 2.  This act is effective immediately upon
 2  completion of all acts necessary for a bill to become law
 3  as provided by Article 4, Section 8 of the Wyoming
 4  Constitution.

 5 

 6                         (END)

 

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