10.04.020 Section 12-6-12.2: Operating a Motor Vehicle Under the Influence of Intoxicating Liquor or Drugs; Penalties; Sentencing; Fees.

Section 12-6-12.2 of the Uniform Traffic Ordinance is amended as follows:
A. Unchanged.
B. Unchanged.
C. Unchanged.
D. Unchanged.
E. Unchanged.
F. Unchanged.
G. Upon a second or third conviction pursuant to this section, an offender shall be required to participate in and complete, within a time specified by the court:
1) Not less than a twenty-eight (28) day inpatient, residential or in-custody substance abuse program approved by the court;
2) Not less than a ninety (90) day outpatient treatment program approved by the court;
3) A drug court program approved by the court; or,
4) Any other substance abuse treatment approved by the court. The requirement imposed pursuant to this section shall not be suspended, deferred or taken under advisement.
H. Unchanged.
I. Unchanged.
J. Except as otherwise prohibited in this section, a municipal judge may suspend in whole or in part the execution of sentence or place the defendant on probation for a period not exceeding one (1) year on terms and conditions that municipal judge deems best, or both, or defer sentence. If the municipal judge decides to defer the execution of a sentence, such deferral shall be granted only as allowed in Subsection K of this section. A suspension of execution of sentence or probation, or both, as allowed pursuant to this section, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public, and that the defendant’s liability for any fine or other punishment imposed if fully discharged upon successful completion of the terms and conditions of probation.
K. Unchanged.
L. Unchanged.
M. Unchanged.
N. Unchanged.
O. Unchanged.
P. Unchanged.
(Ord. 1847-2006 § 2, 2006).