___________________ moved that HB 1034 be amended as follows:
"
Section 5. That
§
32-23-2
be amended to read as follows:
32-23-2.
If conviction for a violation of
§
32-23-1 is for a first offense
, such
and there is .10
percent or more by weight of alcohol in that person's blood, the
person is guilty of a Class 1
misdemeanor, and the defendant's driving privileges shall be revoked for not less than thirty days.
If
conviction for a violation of
§
32-23-1 is for a first offense and there is less than .10 percent, but more
than .08 percent, by weight of alcohol in that person's blood, the person is guilty of a Class 2
misdemeanor.
However, the court may in its discretion issue an order permitting the person to
operate a motor vehicle for purposes of the person's employment or attendance at court-ordered
counseling programs during the hours of the day and the days of the week as set forth in the order.
The court may also order the revocation of the defendant's driving privilege for a further period not
to exceed one year or restrict the privilege in such manner as it sees fit for a period not to exceed one
year.
Section 6. That
§
32-23-3
be amended to read as follows:
32-23-3.
If conviction for a violation of
§
32-23-1 is for a second offense
, such
and there if .10
percent or more by weight of alcohol in that person's blood, the
person is guilty of a Class 1
misdemeanor, and the court shall, in pronouncing sentence, unconditionally revoke the defendant's
driving privilege for a period of not less than one year.
If conviction for a violation of
§
32-23-1 is
for a second offense and there is less than .10 percent, but more than .08 percent, by weight of
alcohol in that person's blood, the person is guilty of a Class 2 misdemeanor, and the court shall, in
pronouncing sentence, unconditionally revoke the defendant's driving privilege for a period of not less
than six months.
However, upon the successful completion of a court-approved alcohol treatment
program, the court may permit the person to drive for the purpose of employment and may restrict
the privilege by the imposition of such conditions as the court sees fit. If such person is convicted of
driving without a license during that period, the person shall be sentenced to the county jail for not
less than three days, which sentence may not be suspended.
Section 7. That
§
32-23-4
be amended to read as follows:
32-23-4.
If conviction for a violation of
§
32-23-1 is for a third offense
as a Class 1 misdemeanor
,
the person is guilty of a Class 6 felony, and the court, in pronouncing sentence, shall unconditionally
revoke the defendant's driving privileges for
such
a
period of time as may be determined by the court,
but in no event less than one year from the date sentence is imposed or one year from the date of
discharge from incarceration, whichever is later. If the person is convicted of driving without a license
during that period,
he
the person
shall be sentenced to the county jail for not less than ten days, which
sentence may not be suspended.
".