DUI-penalties.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0317

HOUSE BILL
NO.
HB0115

DUI-penalties.

Sponsored by:
Representative(s) Mercer, Brechtel, Davison, Petersen, Shepperson and Zwonitzer, Dn. and Senator(s) Von Flatern

A BILL

for

AN ACT relating to
driving while under the influence; amending penalties for driving while under the influence as specified; repealing a provision relating to reduction or dismissal of charges;
and providing for an effective date.

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

Section 1.

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

31
‑
5
‑
233.

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

(a)

As used in this section:

(iii)

"Conviction" means as defined in W.S. 31
‑
7
‑
102(a)(xi)
and includes convictions of any other law prohibiting driving while under the influence
;

(e)

Except as otherwise provided, a person convicted

of a second or subsequent violation
of
violating
this section

within five (5) years of a prior
violation
of 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.
In the event a substance abuse assessment ordered under this section is provided by an entity with whom the department of health contracts for treatment services, the costs of the assessment shall be paid by the offender subject to the sliding fee scale adopted pursuant to W.S. 35
‑
1
‑
620 and 35
‑
1
‑
624; provided however, if the assessment is ordered as a result of a felony conviction under this section, the assessment shall be paid
entirely
by the offender.

Except as otherwise provided in this subsection or subsection (h) or (m) of this section, a person convicted of violating this section is guilty of a
high

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

For
a second

offense resulting in a
conviction within five (5) years after

an offense resulting in
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 of a second offense
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 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 a 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
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

court
under this
section

subsection
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

an offense resulting in a first or second
conviction.
On

For
a

third or
fourth
or subsequent
offense resulting in a

conviction within
five (5)

seven (7)
years
, or for a fifth or subsequent offense resulting in a conviction within his 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 (10)
years, or both.

For purposes of calculating penalties under this subsection, the time periods shall be based on the dates that the charged offenses occurred, not on the dates of the convictions for those offenses.

Section 2.

W.S. 31
‑
5
‑
233(j) is repealed.

Section
3
.

This act is effective July 1, 2009.

(END)

1
HB0115