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Office of the Revisor of Statutes

SF 2051 Senate Long Description

Relating to impaired driving

ARTICLE 1 REPEALING PRETRIAL SANCTIONS FOR IMPAIRED DRIVING

Eliminating pretrial application of certain civil penalties for impaired driving of a snowmobile, all-terrain vehicle or a motorboat; modifying certain conditions for releasing persons charged with driving while impaired (DWI); modifying the implied consent law; changing certain reporting requirements relating to refusal to take test and failure of test; modifying license revocation procedure for persons refusing to take test and persons failing test; changing the test certification recipients; modifying provisions relating to the denial and revocation of licenses of certain violators; modifying certain license revocation procedures for driving while impaired (DWI) convictions; prohibiting the issuance of a provisional drivers license or reinstatement of a regular driver for juveniles convicted of certain violations; modifying license plate impoundment procedures; modifying vehicle forfeiture procedures relating to seizing property without process; eliminating the provision providing for the posting of a security bond of a vehicle returned before the forfeiture action is determined; eliminating certain presumptions of vehicle forfeiture; modifying certain administrative forfeiture procedures; eliminating judicial determinations provisions relating to the forfeiture procedure; modifying certain impaired driving related rules and limited license issuance procedures; providing certain fee schedules for misdemeanor offenses relating to driving while impaired (DWI); repealing certain provisions relating to mandatory penalties related to drivers license revocation, administrative and judicial review of license revocation and commercial drivers license disqualification implied consent provisions

ARTICLE 2 REHABILITATION AND DRIVER'S LICENSE REINSTATEMENT; B-CARDS

Requiring persons ineligible for drivers licenses or conditional drivers
licenses due to repeat driving while impaired (DWI or DUI) or criminal vehicular homicide to complete a prescribed portion of rehabilitation and agree to continuing abstinence from and monitoring for alcohol and controlled substances to receive a conditional drivers license; providing for reinstatement with a B-card license and a waiting period for limited (conditional) license issuance; classifying driving records as private after a certain number of years

ARTICLE 3 BREATH TESTING; COMPUTER SOURCE CODE

Prohibiting the computer source code for the infrared testing equipment used in measuring alcohol concentration of breath from being admissible into evidence in trials
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