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:

 

 

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

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 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

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 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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