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S.F. No. 1073 - DWI Law Modifications
 
Author: Senator Ron Latz
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: February 27, 2015



 

Sections 1 to 5 amend various criminal provisions in the DWI law to lower the alcohol concentration threshold that constitutes an aggravated offense. Under current law, if a person’s alcohol concentration is twice the legal limit (0.16) or more, the person faces more severe DWI civil/administrative sanctions (i.e., driver's license revocation, plate impoundment, etc.) than if the person’s alcohol concentration is less than twice the legal limit. Under the DWI criminal provisions, the distinction for a person receiving harsher penalties based on a higher alcohol concentration is 0.20 or higher.  Thus, there is a discrepancy between the criminal and administrative sanctions for persons with higher alcohol concentrations. These sections lower the alcohol concentration threshold for the DWI criminal provisions from 0.20 to 0.16, consistent with the administrative provisions.

Section 6 amends the DWI license plate impoundment law to provide that the law is triggered by first-time DWIs. Under current law, the offense must be a repeat DWI or a first-time DWI committed by a person with a high alcohol concentration or with a child under the age of 16 in the vehicle. Also provides that impoundment may be triggered by a peace officer determination that probable cause exists for a DWI.

Section 7 amends the DWI license plate impoundment law consistent with section 6 to require the commissioner of public safety to issue an impoundment order when a person is arrested based on probable cause for a DWI.

Section 8 amends the DWI license plate impoundment law to permit a peace officer, as an alternative to seizing and destroying the plates at the time of the violation, to invalidate the plates by affixing a permanent sticker on them.

Section 9 amends the DWI license plate impoundment law to provide that when a plate impoundment violation is predicated on the results of a chemical test of the person’s breath, or on a test refusal, the person must be issued a temporary vehicle permit valid for 14 days rather than seven days. Requires a temporary permit valid for 45 days if the person submits to a chemical test of the person’s blood or urine, or if the chemical test indicates an alcohol concentration of less than 0.08.

Section 10 amends the DWI license plate impoundment law to allow a person petitioning a court for judicial review of the plate impoundment to do so within 45 days rather than 30 days.  Strikes language superseded by section 6.

Section 11 amends the DWI license plate impoundment law to require that when a plate impoundment has occurred based on a probable cause determination (see section 6), but the person’s driver’s license was not revoked as a result of the violation, the person receives new registration plates at no cost.

Section 12 amends the DWI license plate impoundment law to require that when a plate impoundment has occurred based on a probable cause determination (see section 6), but the person’s driver’s license was not revoked as a result of the violation, the person receives new registration plates at no cost.

Section 13 amends the DWI license plate impoundment law to require the issuance of new registration plates (i.e., nonwhiskey plates) for vehicles whose plates have been impounded, if the violator becomes a program participant in the ignition interlock program, or the violator is a first-time DWI offender who has obtained a limited driver’s license.

Section 14 amends the provision of law that requires a person whose driver’s license has been revoked to successfully pass an examination before being issued another license. Exempts DWI offenders from this provision.

Section 15 amends the law allowing certain DWI offenders to pay their driver's license reinstatement fee and surcharge in installments. Under current law, this option applies only to persons eligible for a public defender. This section expands this option to all offenders.

Section 16 amends the limited driver's license law to provide that certain more serious DWI offenders are not eligible for limited licenses. (See section 17 for further explanation.)

Section 17 amends the ignition interlock program law. Under current law, more serious DWI offenders who participate in the program (which they must in order to drive legally) must have a limited license for the first year (in addition to being subject to ignition interlock). Provides that these persons are no longer required to have the limited license (thus, while still subject to the interlock requirement, they are not subject to the restrictions of a limited license for the first year). Also provides that only persons who have a previous driving without insurance offense are required to present proof of current insurance that is non-cancellable for 12 months. Under current law, all program participants are required to prove this.

Section 18 provides that the Judicial Council may not make a criminal penalty associated with the ignition interlock program a payable offense.

Section 19 makes conforming changes to the chapter 609B (collateral sanctions) license plate impoundment cross reference consistent with the changes made in section 6. (Note, provisions in chapter 609B are not substantive in nature.)

KPB/tg

 
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