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HB 0336 - Driving under the influence; mandatory sentences; increase

Tracking Level: Passed
Sponsor: Levitas,Kevin 82nd
Last Action: 5/12/2008 - House Date Signed by Governor
House Committee: JudyNC
Senate Committee: JUDY
Assigned To:
05. Superior CourtsNext Bill
06. State CourtsNext Bill
Traffic LawNext Bill

Staff Analysis of the Legislation

HB 336 addresses DUI convictions. Upon a first conviction with no conviction of and no plea of nolo contendere accepted within the previous ten years, the violator must complete a clinical evaluation and, if recommended as a part of such evaluation, a substance abuse treatment program, provided, however, that in the court’s discretion such evaluation may be waived. The bill goes on to outline the penalties for the second conviction within a 10 year period and the third conviction within a 10 year period. It makes a fourth or subsequent DUI conviction a felony. For the fourth or subsequent conviction within a ten year period, the violator shall be punished by: 1) a fine of $1000-$5000 2) imprisonment of 1-5 years 3) at least 60 days of community service; provided however that if a defendant is sentenced to serve 3 years of actual imprisonment, the judge may suspend the community service 4) completion of a DUI Alcohol or Drug Use Risk Reduction Program 5) a clinical evaluation and if recommended as part of the evaluation, a completion of a substance abuse treatment program 6) 5 years probation.

Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text