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S.F. No. 3638 - Recreational Vehicle DWIs (First Engrossment)
 
Author: Senator Mark W. Koran
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: April 10, 2018



 

Overview

SF 3638 incorporates recreational vehicles fully into the DWI laws. Under current law, these vehicles are mostly but not entirely incorporated. Current law excludes first time recreational vehicle DWIs from some of the criminal and administrative provisions that would otherwise be applicable to repeat recreational vehicle DWIs or nonrecreational vehicle DWIs (first time or repeat). The bill also fully cross-references loss of operating privileges so that a DWI in any vehicle will result in losses of operating privileges for all types of vehicles.

Section 1 provides that a person convicted of a DWI in any type of vehicle or who refuses any DWI-related blood, breath, or urine testing will lose the person’s operating privileges for snowmobiles and ATVs. Under current law, a person loses their privileges to operate a snowmobile or ATV only when the underlying DWI involves one of those types of vehicles. Expands the duty of courts to provide DWI-related records. Changes the administrative and judicial review process for the snowmobile and ATV operating privilege prohibition to that applicable to nonrecreational vehicle DWIs.

Section 2 makes the same changes as made in section 1 for motorboats in operation.

Section 3 repeals the provision in the DWI law that treats certain first time recreational vehicle DWIs differently than those in nonrecreational vehicles. Under current law, a DWI in a recreational vehicle that is considered the person’s first DWI is subject to some but not all of the general DWI criminal and administrative provisions. Also repeals the limited definition in the underage drinking and driving offense (i.e., the “not a drop” law). This repeal has the effect of expanding that law to motorboats (in operation) and all off-road recreational vehicles.

 
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