HB0178 - Minor drivers-alcohol.
2001 |
State of Wyoming |
01LSO-0539 Substitute No. 1 |
HOUSE BILL NO. HB0178
Minor drivers-alcohol.
Sponsored by: Representative(s) Simpson
A BILL
for
1 AN ACT relating to
unlawful operation of vehicle by
2
youthful driver with detectable alcohol concentration;
3 providing
and amending penalties; making conforming
4
amendments; 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. 31-5-234 by creating a new subsection
9
(d), by renumbering (d) as (e) and by creating a new
10 subsection (f), 31-5-1205(k), 31-6-108(b)(i)
and (n)(i) and
11 31-7-128(h)(i)(A) and (B) are
amended to read:
12
13 31-5-234. Unlawful operation of
vehicle by youthful
14 driver with detectable alcohol concentration; penalty.
15
16 (d) A person convicted of violating this section is
17 guilty
of a misdemeanor punishable by imprisonment for not
Page 1
1 more than six (6) months, a fine of not more than seven
2 hundred fifty dollars ($750.00), or
both.
3
4 (d)(e) When a
peace officer has probable cause to
5
believe that a person may be violating or has violated
6
subsection (b) of this section, the peace officer may
7
request that the person submit to a chemical test or tests
8 to
be administered in compliance with W.S. 31-6-108.
9
Prosecution for a violation of this section is a bar to
10 prosecution under W.S. 12-6-101(b) or any
similar municipal
11 ordinance.
12
13 (f) Any person convicted under this section or a
14 municipal
ordinance which substantially conforms to the
15 provisions
of this section shall, in addition to the
16 penalty
imposed, have his driver's license denied or
17 suspended
pursuant to W.S. 31-7-128(h). The court shall
18 forward
to the department a copy of the record pertaining
19 to
disposition of the arrest or citation.
20
21 31-5-1205. Traffic citations; notice to
appear in
22 court; release upon written promise to appear; procedure
23 before judge or court; arrest for driving under the
24 influence.
Page 2
1
2 (k) If a person
is arrested, cited or issued a
3
summons for violation of W.S. 31-5-233 or a municipal
4
ordinance which substantially conforms to the provisions of
5
W.S. 31-5-233 or for a violation as defined in W.S.
6 31-5-234(d) 31-5-234(e),
he shall surrender possession of
7 his
driver's license, whether issued in Wyoming or another
8
jurisdiction, to the arresting or issuing officer. In
9
addition to other requirements of this section and W.S.
10 31-5-1204, the officer shall issue a
temporary license
11 pursuant to W.S. 31-6-102, 31-6-108 or 31-7-138
to the
12 person arrested or cited and shall forward
the surrendered
13 license to the department.
14
15 31-6-108. Implied consent requirements
for youthful
16 drivers.
17
18 (b) For tests
required under this section, the person
19 shall be advised that:
20
21 (i) His failure
to submit to all required
22 chemical tests shall result in the
suspension or denial of
23 his Wyoming driver's license or his
privilege to operate a
24 motor vehicle for a period of forty-five (45) ninety
(90)
Page 3
1
days without the right to apply for limited driving
2
privileges;
3
4 (n) Upon
receipt of the statement provided for under
5
subsection (e) of this section indicating that the person
6
refused to submit to a test to determine the driver's
7
alcohol concentration, the department, subject to review as
8
provided in W.S. 31-7-105, shall suspend the person's
9 Wyoming
driver's license or his privilege to operate a
10 motor vehicle in this state or shall deny
issuance of a
11 driver's license to the person as follows:
12
13 (i) If the
person has been issued a driver's
14 license, the period of suspension shall be forty-five (45) 15 ninety (90)
days without any right to limited driving
16 privileges pursuant to W.S. 31-7-105;
17
18 31-7-128. Mandatory suspension of
license or
19 nonresident operating privilege for certain violations;
20 suspension of registration.
21
22 (h) Upon
receiving a record of a driver's violation
23 of W.S. 31-5-234, the department shall
suspend or deny the
24 license or nonresident driving privileges as
follows:
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1
2 (i) A person
who has been issued a driver's
3
license shall be suspended:
4
5 (A) For a
period of thirty (30) days ninety
6 (90) days for a first
offense;
7
8 (B) For a
period of sixty (60) days six (6)
9 months if the person has
previously violated W.S. 31-5-234,
10 once, or
has previously been convicted once under
W.S.
11 31-5-233 or other law prohibiting driving
while under the
12 influence within three
(3) years; the two (2) years
13 preceding:
14
15 (I) The date of the offense upon which
16 the
conviction is based; or
17
18 (II) The date of conviction at issue.
19
20 Section 2. W.S. 31-5-234(c) and 31-7-128(h)(i)(C) are
21 repealed.
22
Page 5
1 Section 3. This act is effective July 1, 2001.
2
3 (END)
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