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 No person whose license and privilege to operate a vehicle have been revoked,suspended, or otherwise restricted pursuant to this section or to part III orsection 291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 orsection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

(1)  In violation of any restrictions placed on theperson's license; or

(2)  While the person's license or privilege tooperate a vehicle remains suspended or revoked.

(a)  [Subsection effective January 1, 2011. For subsection effective until December 31, 2010, see above.]  No personwhose license and privilege to operate a vehicle have been revoked, suspended,or otherwise restricted pursuant to this section or to part III or section291E-61 or 291E-61.5, or to part VII or part XIV of chapter 286 or section200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect onDecember 31, 2001, shall operate or assume actual physical control of anyvehicle:

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

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

(3)  Without installing an ignition interlock devicerequired by this chapter; or

(4)  After disabling or circumventing an ignitioninterlock device required by this chapter.

(b)  Any person convicted of violating thissection shall be sentenced as follows:

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

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

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

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

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

(A)  Thirty days imprisonment;

(B)  A $1,000 fine; and

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

(3)  For an offense that occurs within five years oftwo or more prior convictions for offenses under this section or under section291-4.5 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'slicense and privilege to operate a vehicle.

The period of revocation shall commence upon therelease of the person from the period of imprisonment imposed pursuant to thissection. [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, whichrelates to operating a vehicle after license and privilege have been suspendedor revoked for operating a vehicle under the influence of an intoxicant,substantially reenacted §291-4.5, which pertained to driving after licensesuspended or revoked for driving under the influence of intoxicating liquor. 107 H. 36, 109 P.3d 677.