ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 245
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported March 31, 1993.]
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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 suspension and
revocation of driver licenses; and applying the same
administrative penalty for suspensions and revocations upon
receipt of abstract of conviction for operating a motor
vehicle while a driver license is suspended or revoked; and
application to person issued a driver license from another
state.
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 as follows:
ARTICLE 4. VIOLATIONS 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 hundreths 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) 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 so to
do has been lawfully suspended or revoked by this state or by
another state where the license was issued, shall, for the first
offense, be guilty of a misdemeanor, and, upon conviction
thereof, be incarcerated in the county 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 shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by
imprisonment in the county 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 shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be
imprisoned in the county 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 so to
do has been lawfully revoked for driving under the influence of
alcohol, controlled substances or other drugs, or 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 thefirst offense, be guilty of a misdemeanor, and, upon conviction
thereof, shall be imprisoned in the county 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 shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by
imprisonment in the county 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 shall be
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 jail
sentence, shall be fined not less than three thousand dollars nor
more than five thousand dollars.
(c) The division upon receiving a record of the conviction
of any person under this section upon a charge of driving a
vehicle while the license of such person was lawfully revoked or
suspended shall extend the period of such revocation or
suspension for an additional period equal to the minimum period
of suspension or revocation set forth in the commissioner's
order.