HF 1731

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; prohibiting first-time DWI 
  1.3             offender with at least 0.20 alcohol concentration from 
  1.4             receiving shortened license revocation period; 
  1.5             amending Minnesota Statutes 1998, section 169.121, 
  1.6             subdivision 4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 169.121, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  1.11  of public safety shall revoke the driver's license of a person 
  1.12  convicted of violating this section or an ordinance in 
  1.13  conformity with it as follows:  
  1.14     (1) for an offense under subdivision 1:  not less than 30 
  1.15  days; 
  1.16     (2) for an offense under subdivision 1a:  not less than 90 
  1.17  days; 
  1.18     (3) for an offense occurring within five years after a 
  1.19  prior impaired driving conviction or a prior license revocation, 
  1.20  or any time after two or more prior impaired driving convictions 
  1.21  or prior license revocations:  (i) if the current conviction is 
  1.22  for a violation of subdivision 1, not less than 180 days and 
  1.23  until the court has certified that treatment or rehabilitation 
  1.24  has been successfully completed where prescribed in accordance 
  1.25  with section 169.126; or (ii) if the current conviction is for a 
  1.26  violation of subdivision 1a, not less than one year and until 
  2.1   the court has certified that treatment or rehabilitation has 
  2.2   been successfully completed where prescribed in accordance with 
  2.3   section 169.126; 
  2.4      (4) for an offense occurring within five years after the 
  2.5   first of two prior impaired driving convictions or prior license 
  2.6   revocations:  not less than one year, together with denial under 
  2.7   section 171.04, subdivision 1, clause (9), until rehabilitation 
  2.8   is established in accordance with standards established by the 
  2.9   commissioner; 
  2.10     (5) for an offense occurring any time after three or more 
  2.11  prior impaired driving convictions or prior license 
  2.12  revocations:  not less than two years, together with denial 
  2.13  under section 171.04, subdivision 1, clause (9), until 
  2.14  rehabilitation is established in accordance with standards 
  2.15  established by the commissioner.  
  2.16     (b) If the person convicted of violating this section is 
  2.17  under the age of 21 years at the time of the violation, the 
  2.18  commissioner of public safety shall revoke the offender's 
  2.19  driver's license or operating privileges for a period of six 
  2.20  months or for the appropriate period of time under paragraph 
  2.21  (a), clauses (1) to (5), for the offense committed, whichever is 
  2.22  the greatest period.  
  2.23     (c) For purposes of this subdivision, a juvenile 
  2.24  adjudication under this section, section 169.129, an ordinance 
  2.25  in conformity with either of them, or a statute or ordinance 
  2.26  from another state in conformity with either of them is an 
  2.27  offense.  
  2.28     (d) Whenever department records show that the violation 
  2.29  involved personal injury or death to any person, not less than 
  2.30  90 additional days shall be added to the base periods provided 
  2.31  above.  
  2.32     (e) If the person is convicted of violating subdivision 1, 
  2.33  paragraph (f), the commissioner of public safety shall revoke 
  2.34  the person's driver's license for twice the period of time 
  2.35  otherwise provided for in this subdivision.  
  2.36     (f) Except for a person whose license has been revoked 
  3.1   under paragraph (b), and except for a person who commits a 
  3.2   violation described in subdivision 3, paragraph (c), clause (4), 
  3.3   (child endangerment), Any person whose license has been revoked 
  3.4   pursuant to section 169.123 as the result of the same incident, 
  3.5   and who does not have a prior impaired driving conviction or 
  3.6   prior license revocation, is subject to the mandatory revocation 
  3.7   provisions of paragraph (a), clause (1) or (2), in lieu of the 
  3.8   mandatory revocation provisions of section 169.123.  This 
  3.9   provision does not apply to: 
  3.10     (1) a person whose license has been revoked under paragraph 
  3.11  (b); 
  3.12     (2) a person who commits a violation described in 
  3.13  subdivision 3, paragraph (c), clause (4); or 
  3.14     (3) a person who was charged with a violation of 
  3.15  subdivision 1, clause (f), but was convicted of violating 
  3.16  another provision of subdivision 1 or 1a.