Opinion No. (1980)

REQUESTED BY: Dear Senator Merz:

This is in reply to your inquiry concerning the constitutionality of the provisions of LB 651 which would give a trial judge discretionary authority to require a person convicted of DWI to attend and pay for an alcohol treatment program.

The proposed amendment to section 39-669.07, which is the statute providing a crime and penalties for driving while intoxicated, specifically provides:

"At the discretion of the court, any person convicted of violating this section or violating any city or village ordinance adopted in conformance with this section, may be…