DUI recidivism reduction-driving privilege sanctions.

2018
STATE OF WYOMING
18LSO-0076
Numbered
1.6

SENATE FILE

NO.
SF0086

DUI recidivism reduction-driving privilege sanctions.

Sponsored by:
Senator(s) Kinskey, Baldwin and Nethercott and Representative(s) Olsen and Pownall

A BILL

for

AN ACT relating to motor vehicle licenses; creating a restricted driver's license for participants in 24/7 programs; providing additional driving privilege sanctions for driving while under the influence convictions and penalties for violations; providing an alternative to required ignition interlock devices; modifying when ignition interlock devices are required; clarifying credit for time spent on interlock devices; amending provisions relating to persons prohibited from driving without an interlock device and penalties; creating an account; repealing the sunset date for the 24/7 program; and providing for an effective date.

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

Section 1
.

W.S. 31
‑
7
‑
501
and
31
‑
7
‑
502 are created to read:

ARTICLE 5
24/7 LICENSES

31
‑
7
‑
501
.

24/7 licenses; definitions;
account;
administration and enforcement.

(a)

For purposes of this article:

(
i
)

"
24/7 sobriety program
"
means a program created under W.S. 7
‑
13
‑
1701 through 7
‑
13
‑
1710;

(ii)

"
24/7 restricted driver
'
s license
"
means a driver
'
s license issue
d
under W.S. 31
‑
7
‑
109(m);

(iii)

"
24/7 administrator
"
means the 24/7 sobriety program director authorized by W.S. 7
‑
13
‑
1710. In the absence of a 24/7 sobriety program director, the 24/7
administrator shall be the attorney ge
neral or his designee;

(iv)

"
Department
"
means the Wyomi
ng department of transportation;

(v)

"
Indigent person
"
means a person able to produce evidence that he is eligible and qualified to participate in the federal supplemental nutrition assistance program.

(b)

The department shall prescribe reasonable rules and regulations and prescribe forms related to the issuance of 24/7 restricted driver
'
s licenses as provided in this article.

(c)

The department shall establish a fee chargeable to every person applying for a 24/7 restricted driver
'
s license. The fee shall compensate the department for all the costs directly associated with administering 24/7 restricted driver
'
s licenses required by this article, but in no event shall the fee exceed one hundred twenty
‑
five
dollars ($125.00). The fee shall not be collected from any indigent person.

(d)

There is created the 24/7 restricted driver's license account.
All monies received by the department under subsection (c) of this section shall be deposited into
the
24/7 account. Interest earned on monies in the account shall be credited to the account. All monies in the account including earned interest are continuously appropriated to the department and shall be expended only for the purpose of administering 24/7 restricted driver
'
s licenses required by this article.

31
‑
5
‑
502
.

24/7 restricted license requirements; revocation; penalties.

(a)

A person ordered to participate pursuant to W.S. 31
‑
5
‑
233(n) in a 24/7 program as an alternative to the requirements of W.S. 31
‑
5
‑
233(f)(ii) through (iv), shall not be eligible to receive an unrestricted driver
'
s license until he has held the 24/7 restricted license for the period required by W.S. 31
‑
5
‑
233(n).
The time during which
a person can demonstrate enrollment in and compliance with a 24/7 program prior to conviction for the same incident shall be credited to the person's post
‑
conviction restricted license requirements under W.S. 31
‑
5
‑
233(n).

(b)

If a person ordered to participate in a 24/7 program, as described in subsection (a) of this section, fails to comply with the requirements of the program or otherwise ceases to participate in the program prior to completing the program, the 24/7 administrator shall immediately notify the department. The department shall immediately revoke the person
'
s 24/7 restricted driver
'
s license.

(c)

A person whose 24/7 restricted driver
'
s license is revoked must apply to the department for an ignition interlock restricted license for the balance of the period required by W.S. 31
‑
5
‑
233(n).

(d)

A person whose 24/7 restricted driver
'
s license is revoked under subsection
(b) of this section
shall not drive any motor vehicle
on the highways of this state

unless the person has been issued an ignition interlock restricted license for the balance of the period required by W.S. 31
‑
5
‑
233(f).

(e)

A person who violates subsection (d) of this section is guilty of a misdemeanor and shall:

(
i
)

For a first offense, be imprisoned for not less than seven (7) days nor more than six (6) months, and shall not be eligible for probation
,
suspension of sentence or release on any other basis until serving at least seven (7) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00);

(ii)

For a second or subsequent violation of subsection (d) of this section during the same license revocation period
,
be imprisoned for not less than thirty (30) days nor more than six (6) months
,
and shall not be eligible for probation, suspension of sentence or release on any other basis until serving at least thirty (30) days in jail. In addition, the person shall be fined not less
than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00).

Section 2
.

W.S. 31
‑
5
‑
233(f)(intro), (ii) through (iv) and by creating a new subsection (n), 31
‑
7
‑
109 by creating a new subsection (m)
,
31
‑
7
‑
402(a), (b) and by creating new subsections (e) and (f) 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 as 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)

Except as provided in subsection (n) of this section, f
or 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. 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)

Except as provided in subsection (n) of this section, f
or 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;

(iv)

Except as provided in subsection (n) of this section, f
or 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;

(n)

The court may, as an alternative or in addition to the requirements of W.S. 31
‑
5
‑
233(f)(ii) through (iv), require a person restricted to operating only motor vehicles equipped with an ignition interlock device under
W.S.
31
‑
5
‑
233(f)(ii) through (iv) to participate in a program established under the 24/7 Sobriety Program Act, W.S. 7
‑
13
‑
1701 et seq., for the period specified under W.S. 31
‑
5
‑
233(f)(ii) through (iv). A person required to participate in a 24/7 program as an alternative to the requirements of W.S. 31
‑
5
‑
233(f)(ii) through (iv) shall be granted
a restricted driver
'
s license under W.S. 31
‑
7
‑
109(m)
upon proper application under rules established by the department and provided that the person enrolls in and complies with the requirements of the 24/7 program.

31
‑
7
‑
109
.

Classes of licenses.

(m)

The restricted driver
'
s license
"
24/7
"
authorizes the driver to operate a vehicle as provided in W.S.
31
‑
5
‑
233(n). This restricted license shall not permit a driver to operate a motor vehicle that requires a commercial driver
'
s license.

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.

(e)

A person required to apply for an ignition interlock restricted license under subsection (a) or (b) of this section shall not be eligible to receive a driver
'
s license without an ignition interlock restriction until he has held the ignition interlock license for the period required by law. If a person required to apply for an ignition interlock license resides in another state, the person may meet the ignition interlock license requirement by completing the ignition interlock program in another state for the period required by Wyoming law.

(f)

The time during which a person
can demonstrate installation and compliance with a department approved
ignition interlock device
prior to conviction for the same incident shall be credited to the person
'
s post
‑
conviction ignition interlock restricted license requirements.

31
‑
7
‑
404
.

Driving without interlock device.

(a)

No person
licensed under this article
shall drive any motor vehicle
,
without a functioning and certified ignition interlock device
.

if:

(
i
)

He is licensed under this article;

(ii)

He is required to apply for an interlock restricted license under W.S. 31
‑
7
‑
402
(a) or (b); or

(iii)

His driving privileges have been restricted to operating vehicles with an interlock device by a court or by operation of law
.

(c)

A person
holding a restricted license under this article
who violates subsection (a) or (b) of this section is guilty of a misdemeanor and shall:

Section
3
.

W.S. 7
‑
13
‑
1711 is repealed.

Section
4
.

This act is effective July 1, 2018
.

(END)

1
SF0086