§ 31-11-18.1 - Driving after denial, revocation, or suspension for certain violations.
SECTION 31-11-18.1
§ 31-11-18.1 Driving after denial,revocation, or suspension for certain violations. – (a) Any person who drives a motor vehicle on any highway of this state whonever applied for a license or who drives after his or her application for alicense has been refused, or after his or her license has expired or whootherwise drives without a license or at a time when his or her license tooperate is suspended, revoked, or cancelled, for: (1) operating under theinfluence of a narcotic drug or intoxicating liquor; (2) refusing to submit toa chemical test; reckless driving; (3) manslaughter from the operation of amotor vehicle or operating so as to endanger resulting in death; or (4) three(3) moving violations within a one-year period; shall be guilty of amisdemeanor for the first and second offenses and shall be deemed guilty of afelony for the third or subsequent offenses.
(b) The division of motor vehicles upon receiving a record ofthe conviction of any person upon a charge of driving a motor vehicle while thelicense of the person was suspended, for reasons set forth in this sectionshall suspend the person's license or deny the person's application for anylength of time that it shall deem proper but in no case less than an additionalthree (3) months. Upon receiving a record of conviction of a second violationof driving a motor vehicle while the license of that person was suspended forreasons set forth in this section, the division of motor vehicles shall suspendthe person's license or deny the person's application for any length of timethat it shall deem proper but in no case less than an additional six (6)months. Any subsequent conviction shall result in license revocation. Uponreceiving a record of the conviction of any person upon a charge of drivingafter his or her application for a license had been refused, or after his orher license had been revoked or cancelled for reasons set forth in thissection, the division of motor vehicles shall not issue a new license for anadditional period of one year from and after the date the person wouldotherwise have been entitled to apply for a new license.
(c) Upon a first conviction under this section a mandatoryfine of five hundred dollars ($500) shall be imposed, and if the person wasdriving after his or her application for a license had been refused, or at atime when his or her license to operate was suspended, revoked, or cancelledfor operating under the influence of a controlled substance or intoxicatingliquor, or his or her refusal to submit to a chemical test, reckless driving,manslaughter from the operation of a motor vehicle, or operation so as toendanger, death resulting, the person shall be imprisoned for a minimum of ten(10) days.
(2) A mandatory fine of five hundred dollars ($500) for asecond conviction under this section within a five (5) year period shall beimposed, and if the person was driving after his or her application for alicense had been refused, or at a time when his or her license to operate wassuspended, revoked, or cancelled for operating under the influence of acontrolled substance or intoxicating liquor or his or her refusal to submit toa chemical test, reckless driving, manslaughter from the operation of a motorvehicle, or operation so as to endanger, death resulting, the person shall beimprisoned for a minimum of six (6) months to one year.
(3) For any subsequent conviction within a five (5) yearperiod, a fine of one thousand dollars ($1,000) shall be imposed and the personmay be imprisoned for up to one year or be required to participate in a publicservice program designated and approved by the court. If the person was drivingafter his or her application for a license had been refused or at a time whenhis or her license to operate was suspended, revoked, or cancelled for: (i)operating under the influence of a controlled substance or intoxicating liquor;(ii) his or her refusal to submit to a chemical test; (iii) reckless driving;(iv) manslaughter from the operation of a motor vehicle; or (v) operating so asto endanger, death resulting; the person shall be imprisoned for a minimum ofone year. Jurisdiction for violations of this section is given to the districtcourt and the court shall have full authority to impose any sentence authorizedfor violations of this section.
(d) No fines, suspensions, or jail provided for under thissection can be suspended.