§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No person whose license and privilege to operate a vehicle have been revoked,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whose license and privilege to operate a vehicle have been revoked, suspended,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.