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Minnesota Legislature

Office of the Revisor of Statutes

HF 1109

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2011 10:59am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/14/2011

Current Version - as introduced

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A bill for an act
relating to public safety; clarifying and conforming provisions regarding driver's
license revocation periods for DWI convictions; amending Minnesota Statutes
2010, sections 169A.54, subdivisions 1, 6; 171.30, subdivision 1; 171.306,
subdivision 4; repealing Minnesota Statutes 2010, section 169A.54, subdivision
5.

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

Section 1.

Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to
read:


Subdivision 1.

Revocation periods for DWI convictions.

Except as provided in
subdivision 7, the commissioner shall revoke the driver's license of a person convicted
of violating section 169A.20 (driving while impaired) or an ordinance in conformity
with it, as follows:

(1) new text beginnot less than 30 days new text endfor an offense under section 169A.20, subdivision 1
(driving while impaired crime)deleted text begin, not less than 30 daysdeleted text end;

(2) new text beginnot less than 90 days new text endfor an offense under section 169A.20, subdivision 2 (refusal
to submit to chemical test crime)deleted text begin, not less than 90 daysdeleted text end;

(3) new text beginnot less than one year new text endfornew text begin:
new text end

new text begin (i)new text end an offense occurring within ten years of a qualified prior impaired driving
incidentdeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (ii) an offensenew text end occurring after two qualified prior impaired driving incidentsdeleted text begin, not
less than one year,
deleted text endnew text begin;new text end or deleted text beginif
deleted text end

new text begin (iii) an offense occurring when a person has an alcohol concentration of twice the
legal limit or more as measured at the time, or within two hours of the time, of the offense
and the person has no qualified prior impaired driving incident within ten years;
new text end

new text begin (4) not less than two years for an offense occurring under clause (3), item (i) or (ii),
and
new text end the test results indicate an alcohol concentration of twice the legal limit or more,deleted text begin
not less than two years
deleted text end and until the court has certified that treatment or rehabilitation
has been successfully completed where prescribed in accordance with section 169A.70
(chemical use assessments);

deleted text begin (4)deleted text endnew text begin (5) not less than three yearsnew text end for an offense occurring within ten years of the
first of two qualified prior impaired driving incidents or occurring after three qualified
prior impaired driving incidentsdeleted text begin, not less than three years, togetherdeleted text endnew text begin andnew text end with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established according to
standards established by the commissioner;new text begin and
new text end

deleted text begin (5)deleted text endnew text begin (6) not less than four yearsnew text end for an offense occurring within ten years of the first of
three qualified prior impaired driving incidentsdeleted text begin, not less than four years, togetherdeleted text endnew text begin andnew text end with
denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established
according to standards established by the commissioner; or

deleted text begin (6)deleted text endnew text begin (7) not less than six yearsnew text end for an offense occurring after four or more qualified
prior impaired driving incidentsdeleted text begin, not less than six years, togetherdeleted text endnew text begin andnew text end with denial under
section 171.04, subdivision 1, clause (10), until rehabilitation is established according to
standards established by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:


Subd. 6.

Applicability of implied consent revocation.

(a) Any person whose
license has been revoked pursuant to section 169A.52 (license revocation for test failure
or refusal) as the result of the same incident, and who does not have a qualified prior
impaired driving incident, is subject to the mandatory revocation provisions of subdivision
1, clause (1) or (2), in lieu of the mandatory revocation provisions of section 169A.52.

(b) Paragraph (a) does not apply to:

(1) a person whose license has been revoked under subdivision 2 (driving while
impaired by person under age 21); or

(2) a person whose driver's license has been revoked for, or who is charged withdeleted text begin,deleted text endnew text begin
(i) an alcohol concentration of twice the legal limit or more as measured at the time, or
within two hours, of the time of the offense; or (ii)
new text end a violation of section 169A.20 (driving
while impaired) with an aggravating factor described in section 169A.03, subdivision
3
, clause deleted text begin(2) ordeleted text end (3).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 3.

Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:


Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited
license to the driver under the conditions in paragraph (b) in any case where a person's
license has been:

(1) suspended under section 171.18, 171.173, or 171.186;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2);

(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;

(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;

(iv) 171.17; or

(v) 171.172; or

(3) revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
of less than twice the legal limit;

(ii) subdivision 1, clause (2);

(iii) subdivision 1, clause deleted text begin(4),deleted text end (5), deleted text beginordeleted text end (6), new text beginor (7), new text endif in compliance with section
171.306; or

(iv) subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit.

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the
substantial disruption of the education, medical, or nutritional needs of the family of
the homemaker; or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license
may be limited to the operation of particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The commissioner may require that an
applicant for a limited license affirmatively demonstrate that use of public transportation
or carpooling as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child
or other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit
specified in section 169A.20, subdivision 1, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the
limitations imposed and the driver operating under the limited license shall have the
license in possession at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under
section 169.792 or 169.797, the commissioner may only issue a limited license to the
person after the person has presented an insurance identification card, policy, or written
statement indicating that the driver or owner has insurance coverage satisfactory to
the commissioner of public safety. The commissioner of public safety may require
the insurance identification card provided to satisfy this subdivision be certified by the
insurance company to be noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section
171.186, subdivision 4, must expire 90 days after the date it is issued. The commissioner
must not issue a limited license to a person who previously has been issued a limited
license under section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person
described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:


Subd. 4.

Issuance of restricted license.

(a) The commissioner shall issue a class
D driver's license, subject to the applicable limitations and restrictions of this section,
to a program participant who meets the requirements of this section and the program
guidelines. The commissioner shall not issue a license unless the program participant has
provided satisfactory proof that:

(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and

(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. The commissioner shall require the participant to present an insurance
identification card, policy, or written statement as proof of insurance coverage, and may
require the insurance identification card provided be certified by the insurance company to
be noncancelable for a period not to exceed 12 months.

(b) A license issued under authority of this section must contain a restriction
prohibiting the program participant from driving, operating, or being in physical control of
any motor vehicle not equipped with a functioning ignition interlock device certified by
the commissioner. A participant may drive an employer-owned vehicle not equipped with
an interlock device while in the normal course and scope of employment duties pursuant
to the program guidelines established by the commissioner and with the employer's
written consent.

(c) A program participant whose driver's license has been revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), deleted text beginordeleted text end (3)new text begin, or (4)new text end,
may apply for conditional reinstatement of the driver's license, subject to the ignition
interlock restriction.

(d) A program participant whose driver's license has been revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1,
clause deleted text begin(4),deleted text end (5), deleted text beginor deleted text end(6)new text begin, or (7)new text end, may apply for a limited license, subject to the ignition
interlock restriction, if the program participant is enrolled in a licensed chemical
dependency treatment or rehabilitation program as recommended in a chemical use
assessment, and if the participant meets the other applicable requirements of section
171.30. After completing a licensed chemical dependency treatment or rehabilitation
program and one year of limited license use without violating the ignition interlock
restriction, the conditions of limited license use, or program guidelines, the participant
may apply for conditional reinstatement of the driver's license, subject to the ignition
interlock restriction. If the program participant's ignition interlock device subsequently
registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall
cancel the driver's license, and the program participant may apply for another limited
license according to this paragraph.

(e) Notwithstanding any statute or rule to the contrary, the commissioner has
authority to determine when a program participant is eligible for restoration of full driving
privileges, except that the commissioner shall not reinstate full driving privileges until the
program participant has met all applicable prerequisites for reinstatement under section
169A.55 and until the program participant's device has registered no positive breath
alcohol concentrations of 0.02 or higher during the preceding 90 days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 169A.54, subdivision 5, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end