291E-62 Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties. (a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section or to part III or section 291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 or section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle:

(1) In violation of any restrictions placed on the person's license;

(2) While the person's license or privilege to operate a vehicle remains suspended or revoked; or

(3) Without installing an ignition interlock device required by this chapter.

(b) Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a five-year period by conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

(A) A term of imprisonment of not less than three consecutive days but not more than thirty days;

(B) A fine of not less than $250 but not more than $1,000;

(C) Revocation of license and privilege to operate a vehicle for an additional year; and

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable;

(2) For an offense that occurs within five years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

(A) Thirty days imprisonment;

(B) A $1,000 fine;

(C) Revocation of license and privilege to operate a vehicle for an additional two years; and

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable; and

(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:

(A) One year imprisonment;

(B) A $2,000 fine;

(C) Permanent revocation of the person's license and privilege to operate a vehicle; and

(D) Loss of the privilege to operate a vehicle equipped with an ignition interlock device, if applicable.

(c) The applicable period of revocation in subsection (b) shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section. [L 2000, c 189, pt of 23; am L 2001, c 157, 26; am L 2003, c 71, 4; am L 2004, c 6, 1 and c 90, 14; am L 2008, c 171, 9; am L 2009, c 88, 13; am L 2010, c 166, 20]

 

Case Notes

 

As to the description of the offense, this section, which relates to operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant, substantially reenacted 291-4.5, which pertained to driving after license suspended or revoked for driving under the influence of intoxicating liquor. 107 H. 36, 109 P.3d 677.

Prior qualifying convictions for operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant, in violation of this section, are an essential offense element that must be alleged in the charging instrument in order to impose the enhanced penalties for repeat offenders under this section. 124 H. 404 (App.), 245 P.3d 477 (2011).

 

 

Previous Vol05_Ch0261-0319 Next