Tribal code now requires mandatory DUII jail time

The Tribal Code now includes mandatory minimum jail time for people who receive more than one driving under the influence of intoxicants (DUII) conviction within five years.

Before the new law took effect in late April, there was no mandatory minimum jail time, no matter how many DUII’s a person had received.

The new law requires at least 10 days of incarceration for a person who receives a second DUII conviction within five years.  A third DUII conviction will result in a mandatory minimum incarceration time of 30 days.

These changes to the code were recommended to the Tribal Council by the Warm Springs Justice Team.  Adopting the changes to the Tribal Code was one of the final acts of the Twenty-Sixth Tribal Council.

Under the previous code provisions, the tribal judges had discretion regarding jail time, even if a person had received many DUII convictions within a short period of time.

The judges still have discretion regarding jail time for a person who receives their first DUII conviction with a five-year period. The Council resolution 12,160 sets out the policy reasons for the change:

“The Tribal Council believes the crime of Driving Under the Influence of Intoxicants is a serious public health and safety problem on the reservation, particularly where the violators of this tribal criminal law are repeat offenders…”