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State v. Hynek3/1/2002
tionate penalty." Therefore, the provision that the convicted person pay the "expense" of the "follow through on the alcohol assessment" in § 60-6,196(8) does not on its face violate the constitutional prohibitions against "excessive fines" under article I, § 9, or "disproportionate penalties" under article I, § 15.
CONCLUSION
In this DUI case, Hynek made a facial constitutional challenge to the portion of § 60-6,196(8) which requires the convicted person to pay the "expense" of alcohol treatment. Hynek claimed that such cost is an "excessive fine" under article I, § 9, and a "disproportionate penalty" under article I, § 15. Because the "expense" in § 60-6,196(8) is neither a "fine" nor a "penalty," § 60-6,196(8) does not on its face violate either article I, § 9, or article I, § 15, as claimed by Hynek. We reject Hynek's constitutional challenge and affirm the decision of the district court which affirmed the conviction and sentence for DUI imposed by the county court.
Affirmed.
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