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Increase Penalty for Driving Under the Influence, RPPL 7-48 2008

AN ACT

To amend 42 PNC § 514 to increase the penalties for driving a vehicle while under the influence of intoxicating liquor or alcohol, or narcotics.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative findings. The Olbiil Era Kelulau finds that driving while under the influence of alcohol or drugs is a serious problem in the Republic. In order to deter this dangerous and unlawful conduct and for the protection of the public, it is appropriate to increase the penalties for driving while under the influence of alcohol or drugs.

Section 2. Amendment. 42 PNC § 514 is amended as follows:

"§ 514. Persons under the influence! of drugs or intoxicating liquor.

(a) It shall be unlawful for any person who is under the influence of intoxicating liquor or alcohol, or narcotic drugs, to drive any vehicle upon any highway within the Republic. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment for not less than one day and not more than one year, and by a fine of up to $1,000.00, and shall have his or her license suspended for one year; and shall do community service for not more than sixty (60) hours; for a second conviction of a violation of this section occurring within two years of a prior conviction under this section, such person shall be punished by imprisonment for not less than twenty days and not more than one year, and by a fine of up to $2,500.00, and shall have his or her license suspended for two years, and shall do community service for not more than one-hundred twenty (120) hours; upon a third or subsequent conviction of a violation of this section occurring within two years of the second conviction under this section such person shall be punished by imprisonment for not less than ninety days and not more than one year, and by a fine of up to $5,000.00, and shall have his or her license revoked; and shall do community service for not more than two hundred (200) hours. As part of the sentence for a conviction of a violation of this section, the Court may in its discretion require the convicted person to participate in a drug or alcohol rehabilitation program.

(b) Any person whose license has been revoked under this section shall not be entitled to apply for or receive any new license until the expiration of three years from the date such former license was revoked. Any person whose license has been suspended or revoked in accordance with this section and who drives any motor vehicle upon the highways of the Republic while such license is suspended or revoked, shall be guilty of a misdemeanor, and, upon conviction thereof shall be punished by imprisonment for not more than one year, or by a fine of up to $1,000.00, or both, and shall have his or her license revoked for an additional two years; and shall do community service for up to eighty (80) hours.

Section 3. Effective date. This Act shall take effect upon its approval by the President, or upon its becoming law without such approval, except as otherwise provided by law.

PASSED: June 24, 2008

Approved this 10th day of August July , 2008.

/s/
Tommy E. Remengesau, Jr.
President
Republic of Palau