Senate Bill No. 480
(By Senators Miller and Buckalew)
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[Introduced February 20, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section three, article four, chapter
seventeen-b of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to extending
suspension of person convicted of driving with suspended
license.
Be it enacted by the Legislature of West Virginia:
That section three, article four, chapter seventeen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. VIOLATION OF LICENSE PROVISIONS.
§17B-4-3. Driving while license suspended or revoked; driving
while license revoked for driving under the
influence of alcohol, controlled substances or
drugs or while having alcoholic concentration in the blood of ten hundredths of one percent or more,
by weight, or for refusing to take secondary
chemical test of blood alcohol contents.
(a) Except as otherwise provided in subsection (b) or (e)
of this section, any person who drives a motor vehicle on any
public highway of this state at a time when his or her privilege
to do so has been lawfully suspended or revoked by this state or
any other jurisdiction shall, for the first offense, be guilty of
a misdemeanor, and, upon conviction thereof, shall be confined in
jail for forty-eight hours and, in addition to such mandatory
jail sentence, shall be fined not less than fifty dollars nor
more than five hundred dollars; for the second offense, such
person is guilty of a misdemeanor, and, upon conviction thereof,
shall be confined in jail for a period of ten days and, in
addition to such mandatory jail sentence, shall be fined not less
than one hundred dollars nor more than five hundred dollars; for
the third or any subsequent offense, such person is guilty of a
misdemeanor, and, upon conviction thereof, shall be confined in
jail for six months and, in addition to such mandatory jail
sentence, shall be fined not less than one hundred fifty dollars
nor more than five hundred dollars.
(b) Any person who drives a motor vehicle on any public highway of this state at a time when his or her privilege to do
so has been lawfully revoked for driving under the influence of
alcohol, controlled substances or other drugs or for driving
while having an alcoholic concentration in his or her blood of
ten hundredths of one percent or more, by weight, or for refusing
to take a secondary chemical test of blood alcohol content,
shall, for the first offense, be guilty of a misdemeanor, and,
upon conviction thereof, shall be confined in jail for six months
and in addition to such mandatory jail sentence, shall be fined
not less than one hundred dollars nor more than five hundred
dollars; for the second offense, such person is guilty of a
misdemeanor, and, upon conviction thereof, shall be confined in
jail for a period of one year and, in addition to such mandatory
jail sentence, shall be fined not less than one thousand dollars
nor more than three thousand dollars; for the third or any
subsequent offense, such person is guilty of a felony, and, upon
conviction thereof, shall be imprisoned in the penitentiary for
not less than one year nor more than three years and, in addition
to such mandatory prison sentence, shall be fined not less than
three thousand dollars nor more than five thousand dollars.
(c) Upon receiving a record of the conviction of any person
under subsection (a) of this section upon a charge of driving a vehicle while the license of such person was lawfully revoked,
the division shall extend the period of such suspension for an
additional thirty days from and after the date such person would
otherwise have been entitled to apply for a new license.
(d) Upon receiving a record of the conviction of any person
under subsection (b) of this section upon a charge of driving a
vehicle while the license of such person was lawfully revoked,
the division shall extend the period of such suspension for an
additional one year from and after the date such person would
otherwise have been entitled to apply for a new license.
(e) Any person who drives a motor vehicle on any public
highway of this state at a time when his or her privilege to do
so has been lawfully suspended for driving while under the age of
twenty-one years with an alcohol concentration in his or her
blood of two hundredths of one percent or more, by weight, but
less than ten hundredths of one percent, by weight, is guilty of
a misdemeanor, and, upon conviction thereof, shall be confined in
jail for twenty-four hours or shall be fined not less than fifty
dollars nor more than five hundred dollars, or both.
(f) An order for home detention by the court pursuant to
the provisions of article eleven-b, chapter sixty-two of this
code may be used as an alternative sentence to any period of incarceration required by this section.