DUI-penalties.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0409

HOUSE BILL
NO.
HB0239

DUI-penalties.

Sponsored by:
Representative(s) Mercer, Brechtel, Petersen, Quarberg and Shepperson and Senator(s) Aullman and Perkins

A BILL

for

AN ACT relating to driving while under the influence; amending penalties for driving while under the influence as specified; and providing for an effective date.

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

Section 1.

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

31
‑
5
‑
233.

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

(e)

Except as otherwise provided, a person convicted of violating this section shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) at or before sentencing. The cost of the substance abuse assessment shall be assessed to and paid by the offender. 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
one (1) year
, a fine of not more than
seven hundred fifty dollars ($750.00)
one thousand dollars ($1,000.00)
, 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 shall be punished by imprisonment for not less than
seven (7)
sixty (60)
days nor more than
six (6) months
,

he shall be ordered to or shall receive a substance abuse assessment conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
‑
2
‑
2701(c) before sentencing and

one (1) year
. The person convicted
shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least
seven (7)
sixty (60)
days

in jail
except that the court shall consider the substance abuse assessment and may order the person to undergo in-patient alcohol or substance abuse treatment during any mandatory period of incarceration. The minimum period of imprisonment for a second violation shall be mandatory, but the court, having considered the substance abuse assessment and the availability of public and private resources, may suspend up to forty-six (46) 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, or is accepted to and participates
in a drug court program in accordance with W.S. 5
‑
10
‑
101 through 5
‑
10
‑
107
. In addition, the person may be fined not less than
two hundred dollars ($200.00)
seven hundred fifty dollars ($750.00)
nor more than
seven hundred fifty dollars ($750.00)
three thousand dollars ($3,000.00)
.
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
‑
13
‑
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 the court, having considered the substance abuse assessment and the availability of public and private resources, may suspend up to fifteen (15) 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 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. 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 conviction. On a
third or
fourth
or subsequent
conviction within
five (5)
seven (7)
years
, or on a fifth or subsequent conviction in a lifetime,
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)
ten (1
0
)

years, or both.

Section 2.

This act is effective July 1, 2007.

(END)

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HB0239