§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.
§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) [Subsection effective until December 31, 2010. For subsection effective January 1, 2011, see below.] No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section or to part III or section 291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 or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; or
(2) While the person's license or privilege to operate a vehicle remains suspended or revoked.
(a) [Subsection effective January 1, 2011. For subsection effective until December 31, 2010, see above.] No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section or to part III or section 291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 or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;
(3) Without installing an ignition interlock device required by this chapter; or
(4) After disabling or circumventing an ignition interlock device required by this chapter.
(b) Any person convicted of violating this section shall be sentenced as follows:
(1) For a first offense, or any offense not preceded within a five-year period by conviction for an offense under this section or under 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; and
(C) Revocation of license and privilege to operate a vehicle for an additional year;
(2) For an offense that occurs within five years of a prior conviction for an offense under this section or under section 291-4.5 as that section was in effect on December 31, 2001:
(A) Thirty days imprisonment;
(B) A $1,000 fine; and
(C) Revocation of license and privilege to operate a vehicle for an additional two years; and
(3) For an offense that occurs within five years of two or more prior convictions for offenses under this section or under section 291-4.5 as that section was in effect on December 31, 2001:
(A) One year imprisonment;
(B) A $2,000 fine; and
(C) Permanent revocation of the person's license and privilege to operate a vehicle.
The period of revocation 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]
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.