Evanston |
Code of Ordinances |
Code of the City of Evanston, Wyoming |
Chapter 12. Motor Vehicles and Traffic |
Article II. Operation of Vehicles Generally |
§ 12-42.3. Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty.
Latest version.
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A.As used in this section:
- (1) The number of grams of alcohol per 100 milliliters of blood;
- (2) The number of grams of alcohol per 210 liters of breath; or
- (3) The number of grams of alcohol per 75 milliliters of urine.
ALCOHOL CONCENTRATION- DRIVER'S LICENSE
- 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);
- CONVICTION
- As defined by W.S. 31-7-102(a)(xi).
B.A person younger than 21 years of age shall not operate or be in actual physical control of a vehicle in the City of Evanston with an alcohol concentration of 0.02% or more.C.When a police officer has probable cause to believe that a person may be violating or has violated subsection B of this section, the police officer may request that the person submit to a chemical test or test to be administered in compliance with W.S. 31-6-108. Prosecution for a violation of this section is a bar to prosecution under Section 4-38B of the City Code and W.S. 12-6-101(b).D.A person convicted of violating this section shall be guilty of a misdemeanor punishable by a fine of not more than $750. A person convicted of violating this section or other similar law a second time within one year of the first conviction is guilty of a misdemeanor punishable by imprisonment for not more than one month, a fine of not more than $750, or both. A person convicted of a third or subsequent conviction under this section or other similar law within two years shall be guilty of a misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750, or both. The court may order the person to undergo a substance abuse 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 years.E.A person convicted under this section shall in addition to the penalty imposed in subsection D above, 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.F.The court may, upon pronouncement of any jail sentence under subsection D of this section, provide in the sentence that the defendant may be permitted, if he/she is employed or enrolled in school and can continue his/her employment or education for not more than the time necessary as certified by his/her employer or school administrator, and the remaining day, days or parts of days shall be spent in jail until the sentence is served. He/she shall be allowed out of jail only long enough to complete his/her actual hours of employment or education and a reasonable time to travel to and from his/her place of employment or school. Unless the defendant is indigent, the court shall require him/her as a condition of special treatment under this subsection to pay a reasonable amount of room and board as determined by the Uinta County sheriff.G.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). - (1)
Added by Ord. 02-08