Driving under the influence-penalties.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0011.E1

HOUSE BILL
NO.
HB0139

Driving under the influence-penalties.

Sponsored by:
Representative(s) Hinckley, Berger, Gingery, Harvey, Illoway, Pedersen, Warren and White and Senator(s) Cooper and Ross

A BILL

for

AN ACT relating to motor vehicles; enhancing the penalties that may be imposed for convictions for driving under the influence as specified; providing for substance abuse assessments; and providing for an effective date.

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

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

31
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5
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233.

Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.

(e)

Except as otherwise provided in this subsection or subsection (h) of this section, a person convicted of violating this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. On a second conviction within five (5) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he
may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) and
shall be punished by imprisonment for not less than
seven (7)
ten (10)
days nor more than six (6) months
, shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
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2
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2701(c) at or before sentencing
and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least
seven (7)
ten (10)
days in jail
. In addition, the person may be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). On a third conviction within five (5) years after a conviction for a violation of this section or other law prohibiting driving while under the influence, he shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months, shall receive a substance abuse assessment pursuant to W.S. 7
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13
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1302 and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least thirty (30) days in jail except that the court shall consider the substance abuse assessment and may order the person to undergo outpatient alcohol or substance abuse treatment during any mandatory period of incarceration. The minimum period of imprisonment for a third violation shall be mandatory, but

except that the court shall consider the substance abuse assessment and may order the person to undergo outpatient alcohol or substance abuse treatment during any mandatory period of incarceration. The cost of the substance abuse assessment and any treatment ordered shall be assessed to and paid by the offender. T
he court, having considered the substance abuse assessment and the availability of public and private resources, may suspend up to
fifteen (15)
three (3)
days of the mandatory period of imprisonment if, subsequent to the date of the current violation, the offender completes an inpatient treatment program approved by the court.
In addition, the person may be fined not less than seven hundred fifty dollars ($750.00) nor more than three thousand dollars ($3,000.00).
The
judge
court
may suspend part or all of the discretionary portion of an imprisonment sentence under this subsection and place the defendant on probation on condition that the defendant pursues and completes an alcohol education or treatment program as prescribed by the
judge
court
. Notwithstanding any other provision of law, the term of probation imposed
by a judge
under this section may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation together with any extension thereof, shall not exceed three (3) years for
up to and including a third
a first or second
conviction. On a
fourth
third
or subsequent conviction within
five (5)
seven (7)
years for a violation of this section or other law prohibiting driving while under the influence, he shall be guilty of a felony and fined not more than ten thousand dollars ($10,000.00), punished by imprisonment for not more than two (2) years, or both.
For purposes of calculating if an individual has a third or subsequent conviction within a seven (7) year period for a violation of this section or other law prohibiting driving while under the influence, any dismissal of a charge pursuant to W.S. 7
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301 for a violation of this section or other law prohibiting driving while under the influence shall be counted as a conviction for purposes of this section.

Section 2.
This act is effective July 1, 2005.

(END)

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HB0139