§ 42-2-202 — Habitual offenders - frequency and type of violations

(1) An
habitual offender is any person, resident or nonresident, who has accumulated
convictions for separate and distinct offenses described in subsection (2) of this
section committed during a seven-year period or committed during a five-year
period for separate and distinct offenses described in subsection (3) of this section;
except that, where more than one included offense is committed within a one-day
period, such multiple offenses shall be treated for the purposes of this part 2 as
one offense. The record as maintained in the office of the department shall be
considered prima facie evidence of the said convictions.

(2) (a) An habitual offender is a person having three or more convictions of
any of the following separate and distinct offenses arising out of separate acts
committed within a period of seven years:

(I) DUI, DUI per se, or DWAI;

(II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401;

(III) Driving a motor vehicle upon a highway while such person's license or
privilege to drive a motor vehicle has been denied, suspended, or revoked, in
violation of section 42-2-138 (1);

(IV) Knowingly making any false affidavit or swearing or affirming falsely to
any matter or thing required by the motor vehicle laws or as to information required
in the administration of such laws;

(V) Vehicular assault or vehicular homicide, or manslaughter or criminally
negligent homicide which results from the operation of a motor vehicle, or motor
vehicle theft, as such offenses are described in title 18;

(VI) Conviction of the driver of a motor vehicle involved in any accident
involving death or personal injuries for failure to perform the duties required of
such person under section 42-4-1601.

(b) The offenses included in subparagraphs (I), (II), (III), and (V) of paragraph
(a) of this subsection (2) shall be deemed to include convictions under any federal
law, any law of another state, or any ordinance of a municipality that substantially
conforms to the statutory provisions of this state regulating the operation of motor
vehicles. For purposes of this paragraph (b), the term municipality means any
home rule or statutory city or town, a territorial charter city, or a city and county.

(3) A person is also an habitual offender if such person has ten or more
convictions of separate and distinct offenses arising out of separate acts
committed within a period of five years involving moving violations which provide
for an assessment of four or more points each or eighteen or more convictions of
separate and distinct offenses arising out of separate acts committed within a
period of five years involving moving violations which provide for an assessment of
three or less points each in the operation of a motor vehicle, which convictions are
required to be reported to the department and result in the assessment of points
under section 42-2-127, including any violations specified in subsection (2) of this
section.

(4) For the purpose of this section, the term conviction has the meaning
specified in section 42-2-127 (6) and includes entry of judgment for commission of a
traffic infraction as set forth in section 42-4-1701.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2158, � 1, effective January 1, 1995. L. 97: (2)(a)(I) amended, p. 1466, � 9, effective July 1. L. 2008: (2)(a)(I) amended, p. 251, � 15, effective July 1. L. 2013: (2)(a)(I) amended, (HB 13-1325), ch. 331, p. 1883, � 12, effective May 28. L. 2017: (2)(a)(III) amended, (HB 17-1162), ch. 208, p. 811, � 3, effective August 9. L. 2023: (2)(a)(V) amended, (SB 23-097), ch. 309, p. 1889, � 5, effective July 1.