Ignition interlock.

2017
STATE OF WYOMING
17LSO-0436
ENGROSSED
2.1

SENATE FILE

NO.

SF0151

Ignition interlock.

Sponsored by:
Senator(s) Kinskey, Baldwin and Christensen and Representative(s) Dayton

A BILL

for

AN ACT relating to motor vehicle licenses; modifying when ignition interlock devices are required; clarifying credit for time spent on interlock devices; clarifying provisions relating to persons prohibited from driving without an interlock device and penalties; 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)
(intro)
,
(ii)

through (iv) and by creating a new paragraph (vi)
,
31
‑
7
‑
402(a),

(b)
,
by creating new subsections
(e) through
(g)
and 31
‑
7
‑
404(a) and (c)(intro)
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 a
s defined in W.S. 31
‑
5
‑
233(
a)(v)
, or whose prosecution under this section is deferred under W.S.
7
‑
13
‑
301,
shall, in addition to the penalty imposed:

(ii)

For a first conviction
, or for a
prosecution deferred under W.S. 7
‑
13
‑
301,
where 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. 31
‑
7
‑
401 through 31
‑
7
‑
404, for a period of six (6) months

or in the alternative enroll in and successfully complete a program established under the 24/7 Sobriety Program Act, W.S. 7
‑
13
‑
1701 et seq., for a period of at least three (3) months
. 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
or, in the alternative enroll in and successfully complete a program established under the 24/7 Sobriety Program Act, W.S. 7
‑
13
‑
1701 et seq., for a period of at least six (6) months
;

(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
or, in the alternative enroll in and successfully complete a program established under the 24/7 Sobriety Program Act, W.S. 7
‑
13
‑
1701 et seq., for a period of at least one (1) year
;

(vi)

Notwithstanding W.S. 31
‑
7
‑
105(
f)(i) through (iii) and (v)(A) and (B), while enrolled in a program under the 24/7 Sobriety Program Act, W.S. 7
‑
13
‑
1701 et seq., a
person may be granted limited driving privileges under W.S. 31
‑
7
‑
105(f).

31
‑
7
‑
402
.

Issuance of ignition interlock restricted license; eligibility.

(a)

A person whose driver
'
s license has been suspended pursuant to W.S. 31
‑
7
‑
128(b)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device,
and who has served at least forty
‑
five (45) days of the suspension period

shall apply to the department for an ignition interlock restricted license for
the balance of
the suspension period or other period required by law.

(b)

A person whose driver
'
s license has been revoked pursuant to W.S. 31
‑
7
‑
127(a)(ii) as a result of a violation related to operating a vehicle under the influence of alcohol, or whose license is otherwise suspended and is required to operate only vehicles equipped with an ignition interlock device,
and who has served at least forty
‑
five
(45) days of the suspension or revocation period

or who is required to operate only vehicles equipped with an ignition interlock device under W.S. 31
‑
5
‑
233(f)(ii),

shall apply to the department for an ignition interlock restricted license for
the balance of
the suspension or revocation period or other period required by law

unless the person has completed a 24/7 program for the period of time required by W.S. 31
‑
5
‑
233(f)(ii) through (iv)
.

(e)

A person required to apply for an ignition interlock restricted license shall not be eligible to receive a driver
'
s license without an ignition interlock restriction until he has had the ignition interlock
restricted
license for the period required by law

or until the person has completed a 24/7 program for the period of time required by W.S. 31
‑
5
‑
233(
f)(ii) through (iv)
. If the person required to apply for an ignition interlock
restricted
license resides in another state, the person may meet the ignition interlock
restricted
license requirement by completing the ignition interlock program in another state for the
period
required by law.

(f)

The
time
during which
a person is licensed under an ignition interlock restricted license prior to co
nviction for the same incident
shall be credited to the person
'
s post
‑
conviction ignition interlock restricted license requirements.

(g)

For those persons enrolled in
a program under the 24/7 Sobriety Program Act,
W.S. 7
‑
13
‑
1701
et seq.
, time spent enrolled in that program
for the same incident
shall be credited to, or serve as a substitute for, the ignition interlock requirements set forth
in subsection

(e)
of this section
.

31
‑
7
‑
404
.

Driving without interlock device.

(a)

No person
licensed under this article
required
to apply
for an interlock restricted license, or whose driving privileges have been restricted to operating vehicles with an interlock device by a court or an agency
shall drive any motor vehicle
,
without a functioning and certified ignition interlock device.

(c)

A person
holding a restricted license under this article
required to apply for an interlock restricted license, or whose driving privileges have been restricted to operating vehicles with an interlock device by a court or an agency and
who violates subsection (a) or (b) of this section is guilty of a misdemeanor and shall:

Section

2
.

This
act is effective July 1,
201
7
.

(END)

1
SF0151