HF 3814

as introduced - 89th Legislature (2015 - 2016) Posted on 04/06/2016 12:10pm

A bill for an act
relating to public safety; excluding certain DWI offenders from the ignition
interlock program while permitting them to receive limited drivers' licenses;
amending Minnesota Statutes 2014, sections 171.30, subdivision 2a, by adding a
subdivision; 171.306, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 171.30, subdivision 2a, is amended to read:

Subd. 2a.

Other waiting periods.

Notwithstanding subdivision 2, a limited license
shall not be issued for a period of:

(1) 15 days, to a person whose license or privilege has been revoked or suspended
for a first violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or
ordinance from another state in conformity with either of those sections; deleted text begin or
deleted text end

new text begin (2) 90 days, to a person whose license or privilege has been revoked or suspended
for a violation of section 169A.20, sections 169A.50 to 169A.53, or a statute or ordinance
from another state in conformity with either of those sections, if the violation involved
being under the influence of a controlled or hazardous substance or having a schedule I or
II controlled substance in the person's body, and the violation occurred within ten years of
a prior impaired driving conviction or prior impaired driving-related loss of license, as
those terms are defined in section 169A.03, or the violation was the third impaired driving
conviction or impaired driving-related loss of license on the person's record; or
new text end

deleted text begin (2) deleted text end new text begin (3) new text end one year, to a person whose license or privilege has been revoked or
suspended for committing manslaughter resulting from the operation of a motor vehicle,
committing criminal vehicular homicide or injury under section 609.21, subdivision 1,
clause (1), (2), item (ii), (5), (6), (7), or (8), committing criminal vehicular homicide under
section 609.21, subdivision 1, clause (2), item (i) or (iii), (3), or (4), or violating a statute
or ordinance from another state in conformity with either of those offenses.

Sec. 2.

Minnesota Statutes 2014, section 171.30, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Exception; impaired driving offenses not involving alcohol.
new text end

new text begin Notwithstanding subdivision 1, paragraph (a), the commissioner may issue a limited
license to a person whose driver's license has been suspended or revoked due to a violation
of section 169A.20, subdivision 1, clause (2), (3), or (7).
new text end

Sec. 3.

Minnesota Statutes 2014, section 171.306, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the terms in this subdivision
have the meanings given them.

(b) "Ignition interlock device" or "device" means equipment that is designed to
measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
started by a person whose breath alcohol concentration measures 0.02 or higher on the
equipment.

(c) "Program participant" means a person who has qualified to take part in the
ignition interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52, 169A.54, or 171.04,
subdivision 1, clause (10); or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or
suspended under section 171.187, for a violation of section 609.2113, subdivision 1,
clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or
(4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2,
clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
great bodily harm.

new text begin The term does not include a person whose driver's license has been revoked, canceled,
or denied for a driving while impaired offense involving being under the influence of a
controlled or hazardous substance or having a schedule I or II controlled substance in
the person's body.
new text end

(d) "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.