EFFECTIVE OCTOBER 1, 2016
IN-DEPTH DIAGNOSTIC ASSESSMENT
- if DUI 2nd or subsequent, then SHALL receive an in-depth diagnostic assessment and if determined to be in need of treatment for alcohol or drug abuse, the person MUST successfully complete treatment at a program site certified by Department of Mental Health
- person who receives diagnostic assessment SHALL pay a fee for cost of the assessment
- person who participates in treatment program SHALL pay a fee representing cost of treatment
ZERO TOLERANCE FOR MINORS
- SHALL apply only when a person under 21 years of age has a blood alcohol concentration (BAC) of 0.02% or more, but lower than 0.08%, then eligible for nonadjudication
- if BAC is greater than 0.08%,
- SHALL be fined $250.00
- SHALL attend and complete alcohol safety education program, see 63-11-32 within 6 months
- MAY require victim impact panel
- if under 21 and convicted of DUI 2nd within 5 years, then fine SHALL be not be more than $500.00
- if under 21 and convicted of DUI 3rd or subsequent within 5 years, then SHALL be fined not more than $1,000.00
- if under 21 and convicted of DUI 3rd or subsequent, then MUST complete treatment of an alcohol or drug abuse program at a site certified by the Department of Mental Health
DUI TEST REFUSAL
- in addition to other penalties in 63-11-30
- every person refusing a law enforcement officer’s request to submit to a chemical test of the person’s breath, or who is unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, SHALL suffer additional administrative suspension of driving privileges, see 63-11-23
AGGRAVATED DUI
- Driving under the influence and in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another SHALL, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury & SHALL be committed to MDOC of not less than 5 years and not more than 25 years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, SHALL commence at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection SHALL be required to post bail before being released after arrest.
- CDL DRIVER–holder of commercial driver’s license who is convicted of operating a commercial motor vehicle with an alcohol concentration of 0.08% or more SHALL be guilty of a felony and SHALL be committed to the custody of MDOC for not less than 2 years and not more than 10 years
OUT OF STATE PRIOR CONVICTIONS
- convictions in other states, territories etc occurring within 5 years before an offense shall be counted for the purpose of determination of 2nd, 3rd, 4th or subsequent offenses
CHARGING OF SUBSEQUENT OFFENSES
- for purposes of determining how to impose sentence for 2nd, 3rd, 4th or subsequent conviction, the affidavit or indictment SHALL NOT be required to enumerate previous convictions
- SHALL ONLY be necessary that the affidavit or indictment states the number of times that the defendant has been convicted and sentenced within the past 5 years under this section to determine if an enhanced penalty SHALL be imposed.
- The amount of fine and imprisonment imposed in previous convictions SHALL NOT be considered in calculating offenses to determine a 2nd, 3rd, 4th or subsequent offense of this section
LICENSE ELIGIBILITY FOR UNDERAGE OFFENDERS
- if underage to obtain a license to operate a motor vehicle at the time of the offense and is convicted under this section SHALL NOT be eligible to receive a driver’s license until the person reaches the age of 18 years old
LICENSE SUSPENSIONS AND RESTRICTIONS TO RUN CONSECUTIVELY
- suspensions or restrictions of driving privileges for any person convicted of or nonadjudicated for violations of this subsection (1) of this section SHALL run consecutively to and not concurrently with any other administrative license suspension
IGNITION INTERLOCK
- see Section 63-11-31
- if convicted or nonadjudicated and court orders installation and use of ignition-interlock device, then each device shall be installed, maintained and removed as indicated in Section 63-11-31