Ignition interlock devices.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0137

ENROLLED ACT NO. 33, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
the operation of
motor vehicles; specifying
standards for the imposition of
interlock device
penalties
related to driving while under the influence of alcohol
;
and providing for an effective date.

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

Section 1.
W.S. 31
‑
5
‑
233(f)(ii) through (iv) and 31
‑
5
‑
234(f)(ii) through (iv) are amended to read:

31
‑
5
‑
233. Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties
.

(f)

Any person convicted under this section or other law prohibiting driving while under the influence as defined in W.S. 31
‑
5
‑
233(a)(v) shall, in addition to the penalty imposed:

(ii)

For a first conviction where

the conviction is based on the person
having

the
department's
administrative action indicates
the person had
an alcohol concentration of fifteen one
-
hundredths of one percent (
0
.15%) or more, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 3
1
‑
7
‑
401 through 31
‑
7
‑
404, for a
period of six (6) months
.

from the date of conviction

For purposes of this paragraph, the department's administrative action shall
be deemed to
indicate a person
had
an alcohol concentration of fifteen one-hundredths of one percent (
0
.15%) or more only after the person is
notified
of and given the opportunity to pursue the administrative procedures
provided
by W.S. 31
‑
7
‑
105
;

(iii)

For a second conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31
‑
7
‑
401 through 31
‑
7
‑
404, for
a
period of one (1) year
;
from the date of conviction
;

(iv)

For a third conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31
‑
7
‑
401 through 31
‑
7
‑
404, for a period of two (2) years
;
from the date of conviction
;

31
‑
5
‑
234.

Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty
.

(f)

A person convicted under this section or other law prohibiting driving while under the influence as defined in W.S. 31
‑
5
‑
233(a)(v) shall, in addition to the penalty imposed in subsection (e) of this section:

(ii)

For a first conviction
where
the
conviction is based on the person having

department's
administrative action indicates
the person had
an alcohol concentration of fifteen one
-
hundredths of one percent (0.15%) or more, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31
‑
7
‑
401 through 31
‑
7
‑
404, for a period of six (6) months
.

from the date of conviction

For purposes of this paragraph, the department's administrative action shall
be deemed to
indicate a person
had
an alcohol concentration of fifteen one
-
hundredths of one percent (
0
.15%) or more only after the person is
notified
of and given the opportunity to pursue the administrative procedures
provided
by W.S. 31
‑
7
‑
105
;

(iii)

For a second conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31
‑
7
‑
401 through 31
‑
7
‑
404, for a period of one (1) year
;
from the date of conviction
;

(iv)

For a third conviction, operate only vehicles equipped with an ignition interlock device, pursuant to W.S. 31
‑
7
‑
401 through 31
‑
7
‑
404, for a period of two (2) years
;
from the date of conviction
;

Section 2.

This act shall apply only to persons who are charged with a violation of W.S. 31
‑
5
‑
233, or other law prohibiting
driving
while under the influence as defined in W.S. 31
‑
5
‑
233(a)(v), on or after July 1, 2011.

Section 3
.

This act is effective July 1, 2011.

END

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1