HB0299 - DUI-penalty for multiple offenses-2.
2001 |
State of Wyoming |
01LSO-0653 |
HOUSE BILL NO. HB0299
DUI-penalty for multiple offenses-2.
Sponsored by: Representative(s) Gay, Iekel, Johnson, W.
and Watt
A BILL
for
1 AN ACT relating to
driving under the influence of
2 intoxicating
liquor or controlled substances; making a
3
third conviction of DUI a felony; allowing a judge to
4
suspend a sentence; 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
Page 1
1 more
than six (6) months, a fine of not more than seven
2
hundred fifty dollars ($750.00), or both. On a second
3
conviction within five (5) years after a conviction for a
4
violation of this section or other law prohibiting driving
5
while under the influence, he shall be punished by
6
imprisonment for not less than seven (7) days nor more than
7 six
(6) months, and
shall not be eligible for probation or 8
suspension of sentence or release on any other basis until 9
he has served at least seven (7) days in jail or the court
10 may suspend all
or a part of a sentence imposed under this
11 section and require
the person to undergo outpatient
12 alcohol or
substance abuse treatment. In addition, the
13 person may be fined not less than two
hundred dollars
14 ($200.00) nor more than seven hundred fifty
dollars
15 ($750.00). On A person convicted of a third or subsequent
16 conviction violation of this section within five (5) years
17 after a conviction for a violation of this
section or other
18 law prohibiting driving while under the
influence, he is
19 guilty of a
felony and shall be punished by imprisonment
20 for not less
than thirty (30) days nor more than six
(6) 21
months and shall
not be eligible for probation or 22
suspension of
sentence or release on any other basis until 23
he has served at
least thirty (30) days in jail two (2)
24 years and may be
fined not more than three thousand dollars
Page 2
1 ($3,000.00), or both. The court, after consultation with 2
the sheriff, may suspend all or part of a sentence imposed
3 under this section and
order the person to undergo
4 outpatient
alcohol or substance abuse treatment during any
5
mandatory period of incarceration. The
minimum period of 6
imprisonment for a third or subsequent violation shall be 7
mandatory, but the court may suspend up to fifteen (15) 8
days of the mandatory period of imprisonment if, subsequent 9
to the date of the current violation, the offender 10
completes an
inpatient treatment program approved by the 11
court. In addition, the person may be fined not
less than 12
seven hundred fifty
dollars ($750.00) nor more than three 13
thousand dollars
($3,000.00). The judge may suspend part or
14 all of the discretionary portion of an
imprisonment
15 sentence under this subsection and place the
defendant on
16 probation on condition that the defendant
pursues and
17 completes an alcohol education or treatment
program as
18 prescribed by the judge. Notwithstanding any
other
19 provision of law, the term of probation
imposed by a judge
20 under this section may exceed the maximum
term of
21 imprisonment established for the offense
under this
22 subsection provided the term of probation
together with any
23 extension thereof, shall in no case exceed
three (3) years.
24
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1 Section 2. This act is effective July 1, 2001.
2
3 (END)
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