2019 US Virgin Islands Code
Title 20 - Highways and Motor Vehicles
Part II - Motor Vehicles
Chapter 43 - Regulation of Traffic
§ 493. Driving while under the influence of intoxicating liquors or controlled substances; violations; penalties
(a)
(1) It is unlawful for any person who is under the influence of an intoxicating liquor or a controlled substance included in Schedule I, II, III, IV, or V of section 595, chapter 29, Title 19, Virgin Islands Code, or under the combined influence of an intoxicating liquor and such a controlled substance, to drive, operate, or be in actual physical control of, any motor vehicle within the Territory.
(2) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive, operate, or be in actual physical control of, any motor vehicle within the Territory.
(b)
(1) Any person convicted of a first violation of subsection (a) hereof, shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one year, or by a fine of not less than three hundred dollars, or by both. Provided, however, if the person was involved in an accident violating subsection (a), the minimum fine shall not be less than five hundred dollars.
(2) Any person convicted of violating subsection (a) hereof after having been convicted of such a violation within the previous ten years shall be guilty of a felony and shall be punished by imprisonment for not less than 48 consecutive hours and not more than two years and by a fine of not more than $2,000. However, if the person was involved in an accident while violating subsection (a), the minimum fine that must be assessed under this paragraph is $600. In lieu of the minimum imprisonment term specified above, a court may require a person to perform not less than ten days of community service under the direction and supervision of the Police Commissioner under such terms and conditions as the court may specify. Notwithstanding any other provision of law to the contrary, including chapters 313, 405 and 407 of Title 5, Virgin Islands Code, the imposition of the minimum imprisonment term or community service as specified above shall not be suspended and no person subject to the minimum imprisonment term or community service as specified above shall be placed on probation until such imprisonment or community service has been served or carried out.
If a person violates this section, the court may order a presentence screening of the person based upon the person's blood alcohol level at the time of his arrest, his prior alcohol-related convictions, a self-administered questionnaire, and a diagnostic assessment by health officials.
(c)
(1) In addition to the penalties specified in paragraph (1) of subsection (b) hereof, upon a first conviction for a violation of subsection (a) hereof, the court may suspend or revoke, for a period of six months:
(A) the license to operate a motor vehicle of the person so convicted if the person possesses such license;
(B) the operating permit or privilege to operate a motor vehicle of the person so convicted if the person is a nonresident and possesses such a permit or privilege; or
(C) the issuance of a license to operate a motor vehicle to the person so convicted if such person does not possess such a license.
After a person's driving privileges have been suspended or revoked for at least 30 days under this paragraph, the person may petition the court for a restricted license and the court may order the Police Commissioner to issue a restricted driving license for the remainder of the period of suspension or revocation. If a person is granted a restricted driving license, he may only operate a motor vehicle to or from his place of employment or in the course of his employment.
(2) In addition to the penalties specified in paragraph (2) of subsection (b) hereof, upon a second or subsequent conviction for a violation of subsection (a) hereof, the court may suspend or revoke for at least one year and not more than five years:
(A) the license to operate a motor vehicle of the person so convicted if the person possesses such a license;
(B) the operating permit or privilege to operate a motor vehicle of the person so convicted if the person is a nonresident and possesses such a permit or privilege; or
(C) the issuance of a license to operate a motor vehicle to the person so convicted if such person so convicted does not possess such a license.
(3) Suspensions or revocations of licenses or permits to operate motor vehicles pursuant to the provisions of this subsection may be in addition to any suspensions or revocations made pursuant to the provisions of section 493c of this chapter.
(d) In addition to the penalties specified in subsections (b) and (c) hereof, upon a conviction of a violation of subsection (a) hereof, the court may:
(1) order the person to attend and satisfactorily complete a substance abuse treatment program approved by the Court; or
(2) order the person so convicted to attend and satisfactorily complete a substance abuse prevention and education program approved by the court.
(e) Any person convicted of violating subsection (a) while serving a sentence imposed pursuant to subsection (b)(1) or (2) of this section shall have their license revoked for life.
(f) Notwithstanding any law to the contrary, the clerk of the Superior Court in which a person is convicted for a second or subsequent time under this or any other section of the Virgin Islands Code shall notify the Police Department of the conviction. Upon issuance or reinstatement of any limited driving permit, probationary license, or driver's license to the convicted person thereafter, temporary or otherwise, the driver's license must be distinctively and permanently marked with the words “DUI Offender” prominently displayed across the face of the license. The cost of the specially marked license shall be borne by the licensee. After expiration of 48 months from issuance or reinstatement of the license and if the person's license is not otherwise under suspension or revocation, the convicted person may obtain a new license without the distinctive markings upon payment of any fees required for issuance of a new driver's license.
