§ 31-5-234 — Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty

(a) As used in this section:
(i) "Alcohol concentration" means:
(A) The number of grams of alcohol per one
hundred (100) milliliters of blood;
(B) The number of grams of alcohol per two
hundred ten (210) liters of breath; or
(C) The number of grams of alcohol per seventy-
five (75) milliliters of urine.
(ii) "Driver's license" means as defined by W.S.
31-7-102(a)(xxv) and includes nonresident operating privileges
as defined by W.S. 31-7-102(a)(xxx);
(iii) "Peace officer" means as defined by W.S.
7-2-101(a)(iv)(A), (B) and (G);
(iv) "Conviction" means as defined by W.S.
31-7-102(a)(xi).
(b) A person younger than twenty-one (21) years of age
shall not operate or be in actual physical control of a vehicle
in this state with an alcohol concentration of two one-
hundredths of one percent (0.02%) or more nor operate or be in
actual physical control of a vehicle in this state with an
alcohol concentration of two one-hundredths of one percent
(0.02%) or more as measured within two (2) hours after the time
of driving or being in actual physical control following a
lawful arrest resulting from a valid traffic stop.
(c) Repealed by Laws 2002, Ch. 93, § 2.
(d) When a peace officer has probable cause to believe
that a person may be violating or has violated subsection (b) of
this section, the peace officer may require that the person
submit to a chemical test or tests to be administered in
compliance with W.S. 31-6-108. Prosecution for a violation of
this section is a bar to prosecution under W.S. 12-6-101(b) or
any similar municipal ordinance.
(e) A person convicted of violating this section shall be
guilty of a misdemeanor punishable by a fine of not more than
seven hundred fifty dollars ($750.00). A person convicted of
violating this section a second time within one (1) year of the
first conviction is guilty of a misdemeanor punishable by
imprisonment for not more than one (1) month, a fine of not more
than seven hundred fifty dollars ($750.00), or both. A person
convicted of a third or subsequent conviction under this section
within two (2) years shall be guilty of a misdemeanor punishable
by imprisonment for not more than six (6) months, a fine of not
more than seven hundred fifty dollars ($750.00), or both. The
court may order the person to undergo a substance use disorder
assessment and complete any recommended treatment for any
conviction under this section as a condition of probation.
Notwithstanding any other provision of law, the term of
probation imposed by a judge under this section may exceed the
maximum term of imprisonment established for the offense under
this subsection provided the term of probation together with any
extension thereof, shall in no case exceed three (3) years.
(f) A person convicted under this section or other law
prohibiting driving while under the influence as defined in W.S.
31-5-233(a)(v) shall, in addition to the penalty imposed in
subsection (e) of this section:
(i) Have his driver's license denied or suspended
pursuant to W.S. 31-7-128(h). The court shall forward a copy of
the conviction to the department;
(ii) For a first conviction where the department's
administrative action indicates the person had an alcohol
concentration of fifteen one-hundredths of one percent (0.15%)
or more, operate only vehicles equipped with an ignition
interlock device, pursuant to W.S. 31-7-401 through 31-7-404,
for a period of six (6) months. For purposes of this paragraph,
the department's administrative action shall be deemed to
indicate a person had an alcohol concentration of fifteen one-
hundredths of one percent (0.15%) or more only after the person
is notified of and given the opportunity to pursue the
administrative procedures provided by W.S. 31-7-105;
(iii) For a second conviction, operate only vehicles
equipped with an ignition interlock device, pursuant to W.S.
31-7-401 through 31-7-404, for a period of one (1) year;
(iv) For a third conviction, operate only vehicles
equipped with an ignition interlock device, pursuant to W.S.
31-7-401 through 31-7-404, for a period of two (2) years;
(v) For a fourth or subsequent conviction, operate
only vehicles equipped with an ignition interlock device,
pursuant to W.S. 31-7-401 through 31-7-404, for the remainder of
the offender's life, except five (5) years from the date of
conviction and every five (5) years thereafter, the offender may
apply to the court for removal of the ignition interlock device
required by this paragraph. The court may, for good cause
shown, remove the ignition interlock device requirement if the
offender has not been subsequently convicted of driving a motor
vehicle in violation of this section, W.S. 31-5-233 or other law
prohibiting driving while under the influence as defined in W.S.
31-5-233(a)(v).
(g) The court may, upon pronouncement of any jail sentence
under subsection (e) of this section, provide in the sentence
that the defendant may be permitted, if he is employed or
enrolled in school and can continue his employment or education,
to continue such employment or education for not more than the
time necessary as certified by his employer or school
administrator, and the remaining day, days or parts of days
shall be spent in jail until the sentence is served. He shall be
allowed out of jail only long enough to complete his actual
hours of employment or education and a reasonable time to travel
to and from his place of employment or school. Unless the
defendant is indigent, the court shall require him as a
condition of special treatment under this subsection to pay a
reasonable amount for room and board as determined by the
sheriff.
(h) Chemical analysis of a person's blood, breath or urine
to determine alcohol concentration or controlled substance
content shall be performed in accordance with W.S. 31-6-105(a).