8-343

8-343. Disposition of offenses involving driving
or in actual physical control of a motor vehicle while under the
influence of intoxicating liquor or drugs

A. A juvenile who is adjudicated delinquent for a violation of section 28-1381
shall be detained for a period of not less than ten consecutive days in a juvenile
detention center as a condition of probation, except that the judge may suspend all ten
days of the sentence if the juvenile completes alcohol or other drug screening pursuant
to subsection L of this section.

B. A juvenile who within a period of eighty-four months is adjudicated delinquent
for a violation of section 28-1381 and who has previously been adjudicated for a
violation of section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of
the United States or a tribal court that if committed in this state would be a violation
of section 28-1381, 28-1382 or 28-1383 shall be detained for a period of not less than
ninety days in a juvenile detention center as a condition of probation, except that the
judge may suspend all but thirty consecutive days of the sentence if the juvenile
completes alcohol or other drug screening pursuant to subsection L of this section.

C. A juvenile who is adjudicated delinquent for a violation of section 28-1382,
subsection A, paragraph 1 shall be detained for a period of not less than thirty
consecutive days in a juvenile detention center as a condition of probation, except that
the judge may suspend all but ten consecutive days of the sentence if the juvenile
completes alcohol or other drug screening pursuant to subsection L of this section. A
juvenile who is adjudicated delinquent for a violation of section 28-1382, subsection A,
paragraph 2 shall be detained for a period of not less than forty-five consecutive days
in a juvenile detention center as a condition of probation, except that the judge may
suspend all but fifteen consecutive days of the sentence if the juvenile completes
alcohol or other drug screening pursuant to subsection L of this section.

D. If within a period of eighty-four months a juvenile is adjudicated delinquent
for a violation of section 28-1382 and has previously been adjudicated for a violation of
section 28-1381, 28-1382 or 28-1383 or an act in another state, a court of the United
States or a tribal court that if committed in this state would be a violation of section
28-1381, 28-1382 or 28-1383, the juvenile:

1. Shall be detained for a period of not less than one hundred twenty days in a
juvenile detention center as a condition of probation if the juvenile is adjudicated
delinquent for a violation of section 28-1382, subsection A, paragraph 1, except that the
judge may suspend all but sixty consecutive days of the sentence if the juvenile
completes alcohol or other drug screening pursuant to subsection L of this section.

2. Shall be detained for a period of not less than one hundred eighty days in a
juvenile detention center as a condition of probation if the juvenile is adjudicated
delinquent for a violation of section 28-1382, subsection A, paragraph 2, except that the
judge may suspend all but ninety consecutive days of the sentence if the juvenile
completes alcohol or other drug screening pursuant to subsection L of this section.

E. A juvenile who is adjudicated delinquent for a violation of section 28-1383
shall be detained for a period of not less than four months in a juvenile detention
center or the department of juvenile corrections as a condition of probation if the
juvenile is adjudicated delinquent under either of the following:

1. Section 28-1383, subsection A, paragraph 1.

2. Section 28-1383, subsection A, paragraph 2 and within an eighty-four month
period has been adjudicated delinquent for two prior violations of section 28-1381,
28-1382 or 28-1383, or any combination of those sections, or acts in another jurisdiction
that if committed in this state would be a violation of section 28-1381, 28-1382 or
28-1383.

F. A juvenile who is adjudicated delinquent under section 28-1383, subsection A,
paragraph 2 and who within an eighty-four month period has been adjudicated delinquent
for three or more prior violations of section 28-1381, 28-1382 or 28-1383, or any
combination of those sections, or acts in another jurisdiction that if committed in this
state would be a violation of section 28-1381, 28-1382 or 28-1383 shall be detained for a
period of not less than eight months in a juvenile detention center or the department of
juvenile corrections as a condition of probation.

G. A juvenile who is adjudicated delinquent under section 28-1383, subsection A,
paragraph 3, subdivision (a) shall serve at least the minimum term of detention required
pursuant to subsection A or B of this section.

H. A juvenile who is adjudicated delinquent under section 28-1383, subsection A,
paragraph 3, subdivision (b) shall serve at least the minimum term of detention required
pursuant to subsection C or D of this section.

I. Notwithstanding subsection E or F of this section, at the time of sentencing,
the judge may suspend all but two months of the sentence if the juvenile completes
alcohol or other drug screening pursuant to subsection L of this section.

J. If a juvenile is adjudicated delinquent for a violation of section 28-1381,
28-1382 or 28-1383, the court shall order the juvenile to pay at least two hundred fifty
dollars but not more than five hundred dollars plus any applicable surcharges and
assessments to the public agency processing the violation or the court may order the
juvenile to perform at least eighty hours of community restitution under the supervision
of the court.

K. The dates of the commission of the offense shall be the determining factor in
applying the eighty-four month provision of subsection B, D, E or F of this section,
irrespective of the sequence in which the offenses were committed. A second violation for
which a conviction occurs as provided in this section shall not include a conviction for
an offense arising out of the same series of acts.

L. In addition to any other penalties prescribed by law, if a juvenile is
adjudicated delinquent for a violation of section 28-1381, 28-1382 or 28-1383, the court
shall order the juvenile to complete alcohol or other drug screening that is provided by
a facility approved by the department of health services or a probation department. If
the court determines that the juvenile requires further alcohol or other drug education
or treatment, the juvenile may be required pursuant to court order to obtain education or
treatment under the court's supervision from an approved facility. The court may review
an education or treatment determination at the request of the state or the defendant or
on the court's initiative. The juvenile shall pay the costs of the screening, education
or treatment unless the court waives part or all of the costs. The court may order the
parent or guardian of the juvenile to pay part or all of the costs of the screening,
education or treatment.

M. The court shall order a juvenile or the parents of a juvenile who is sentenced
to a term of detention to reimburse the county that is responsible for the costs of the
juvenile's detention for those detention costs. The court may determine the amount of
detention costs to be paid based on the following factors:

1. The per diem per juvenile cost of detention incurred by the county that detains
the juvenile.

2. The ability of the juvenile or the parents of the juvenile to pay part or all of
the detention costs.