PART I

§291E-62 Operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant; penalties. (a) No person whose license and privilege to operate a vehicle have been revoked, suspended, or otherwise restricted pursuant to this section, part III, section 291E-61 or 291E-61.5, or part VII or part XIV of chapter 286 or section 200-81, 291-4, 291-4.4, 291-4.5, or 291-7 as those provisions were in effect on December 31, 2001, shall operate or assume actual physical control of any vehicle:

(1) In violation of any restrictions placed on the person's license;

(2) While the person's license or privilege to operate a vehicle remains suspended or revoked;

(3) Without installing an ignition interlock device required by this chapter; or

(4) With an ignition interlock permit unless the person has the ignition interlock permit and government-issued identification in the person's immediate possession. For purposes of this paragraph, "government-issued identification" means:

(A) A passport issued by the United States of America; or

(B) A photo identification card issued by any federal, state, or local government.

(b) No person who has been issued a notice of administrative revocation that serves as a temporary permit by a law enforcement officer, pursuant to section 291E-33, shall operate or assume actual physical control of any vehicle after the expiration of the temporary permit unless that person has an otherwise valid driver's license. No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records, that the person was the holder of a valid driver's license at the time of the offense.

(c) [Repeal and reenactment on June 30, 2028. L 2023, c 148, §8(2).] Any person convicted of violating this section shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a ten-year period by conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

(A) A term of imprisonment of no less than three consecutive days and no more than thirty days;

(B) A fine of no less than $250 and no more than $1,000, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and

(2) For an offense that occurs within ten years of a prior conviction for an offense under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001:

(A) Thirty days imprisonment;

(B) A $1,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and

(3) For an offense that occurs within ten years of two or more prior convictions for offenses under this section, section 291E-66, or section 291-4.5 as that section was in effect on December 31, 2001, or any combination thereof:

(A) No less than six months and no more than one year imprisonment;

(B) A $2,000 fine, to be deposited into the drug and alcohol toxicology testing laboratory special fund; and

(4) In addition to a sentence imposed under paragraphs (1) through (3), any person who is convicted under this section and also convicted under section 291E-61 or 291E-61.5, for an offense based on the same incident or arising from the same episode, shall be sentenced to terms of imprisonment for both offenses, which shall be served consecutively.

(d) The applicable period of revocation in subsection (c) shall commence upon the release of the person from the period of imprisonment imposed pursuant to this section. [L 2000, c 189, pt of §23; am L 2001, c 157, §26; am L 2003, c 71, §4; am L 2004, c 6, §1 and c 90, §14; am L 2008, c 171, §9; am L 2009, c 88, §13; am L 2010, c 166, §20; am L 2015, c 40, §2; am L 2019, c 169, §3; am L 2021, c 196, §§6, 11; am L 2022, c 94, §2; am L 2023, c 148, §6]

Note

The L 2022, c 94 amendment is exempt from the repeal and reenactment condition of L 2021, c 196, §11. L 2022, c 94, §7; L 2023, c 148, §10.

Case Notes

As to the description of the offense, this section, which relates to operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant, substantially reenacted §291-4.5, which pertained to driving after license suspended or revoked for driving under the influence of intoxicating liquor. 107 H. 36, 109 P.3d 677 (2005).

Prior qualifying convictions for operating a vehicle after license and privilege have been suspended or revoked for operating a vehicle under the influence of an intoxicant, in violation of this section, are an essential offense element that must be alleged in the charging instrument in order to impose the enhanced penalties for repeat offenders under this section. 124 H. 404 (App.), 245 P.3d 477 (2011).

Where the State's amendment before trial of charges under §291E-61 and this section to allege the requisite mens rea did not affect defendant's ability to prepare a defense and did not prejudice defendant's substantial rights, the district court did not err in permitting the State to amend the charges. 134 H. 280 (App.), 339 P.3d 1081 (2014).