HF 1945

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to liquor; prohibiting a person from 
  1.3             consuming alcohol in a licensed drinking establishment 
  1.4             for a period of five years following a DWI violation; 
  1.5             providing for an identifying code on the person's 
  1.6             driver's license or Minnesota identification card; 
  1.7             providing penalties; amending Minnesota Statutes 1994, 
  1.8             sections 169.121, subdivision 7; 169.123, subdivision 
  1.9             5a; and 171.29, by adding a subdivision; proposing 
  1.10            coding for new law in Minnesota Statutes, chapter 340A.
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1994, section 169.121, 
  1.13  subdivision 7, is amended to read: 
  1.14     Subd. 7.  [LICENSE REVOCATION; COURT PROCEDURES.] On behalf 
  1.15  of the commissioner of public safety a court shall serve notice 
  1.16  of revocation on a person convicted of a violation of this 
  1.17  section unless the commissioner has already revoked the person's 
  1.18  driving privileges or served the person with a notice of 
  1.19  revocation for a violation of section 169.123 arising out of the 
  1.20  same incident.  
  1.21     The court shall invalidate the driver's license or permit 
  1.22  in such a way that no identifying information is destroyed. 
  1.23     In addition, the court shall punch an identifiable hole 
  1.24  along the top of the person's driver's license or permit, or the 
  1.25  person's Minnesota identification card if the person has no 
  1.26  driver's license or permit, for the purpose of enforcing section 
  1.27  340A.5021. 
  1.28     Sec. 2.  Minnesota Statutes 1994, section 169.123, 
  2.1   subdivision 5a, is amended to read: 
  2.2      Subd. 5a.  [TEST REFUSAL OR FAILURE; DRIVING PRIVILEGE 
  2.3   LOST.] (a) On behalf of the commissioner of public safety, a 
  2.4   peace officer requiring a test or directing the administration 
  2.5   of a chemical test shall serve immediate notice of intention to 
  2.6   revoke and of revocation on a person who refuses to permit a 
  2.7   test or on a person who submits to a test the results of which 
  2.8   indicate an alcohol concentration of 0.10 or more.  
  2.9      (b) On behalf of the commissioner of public safety, a peace 
  2.10  officer requiring a test or directing the administration of a 
  2.11  chemical test of a person driving, operating, or in physical 
  2.12  control of a commercial motor vehicle shall serve immediate 
  2.13  notice of intention to disqualify and of disqualification on a 
  2.14  person who refuses to permit a test, or on a person who submits 
  2.15  to a test the results of which indicate an alcohol concentration 
  2.16  of 0.04 or more.  
  2.17     (c) The officer shall either: 
  2.18     (1) take the driver's license or permit, if any, send it to 
  2.19  the commissioner of public safety along with the certificate 
  2.20  required by subdivision 4, and issue a temporary license 
  2.21  effective only for seven days; or 
  2.22     (2) invalidate the driver's license or permit in such a way 
  2.23  that no identifying information is destroyed. 
  2.24     In addition, the officer shall punch an identifiable hole 
  2.25  along the top of the person's driver's license or permit and the 
  2.26  temporary license if one is issued, or the person's Minnesota 
  2.27  identification card if the person has no driver's license or 
  2.28  permit, for purposes of enforcing section 340A.5021. 
  2.29     Sec. 3.  Minnesota Statutes 1994, section 171.29, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 4.  [ON-SALE CONSUMPTION IDENTIFIER.] If a driver's 
  2.32  license, driving permit, or Minnesota identification card is 
  2.33  issued to a person within five years of the suspension, 
  2.34  revocation, cancellation, or denial of that person's license, 
  2.35  permit, or driving privileges under any provision listed in 
  2.36  section 169.121, subdivision 3, paragraph (a), the license, 
  3.1   permit, or identification card must have an identifiable hole 
  3.2   punched along the top for purposes of enforcing section 
  3.3   340A.5021. 
  3.4      Sec. 4.  [340A.5021] [DRINKING DRIVERS; ILLEGAL 
  3.5   CONSUMPTION.] 
  3.6      Subdivision 1.  [ON-SALE CONSUMPTION RESTRICTION.] It is 
  3.7   unlawful for a person to consume alcoholic beverages in or on 
  3.8   the premises of any retail licensee, municipal liquor store, or 
  3.9   permit holder under section 340A.414 for a period of five years 
  3.10  following the person's impaired driving conviction or license 
  3.11  revocation, as defined in section 169.121, subdivision 3, 
  3.12  paragraph (a). 
  3.13     Subd. 2.  [CRIMINAL PENALTIES.] A violation of subdivision 
  3.14  1 is a misdemeanor.  A person's second or subsequent violation 
  3.15  of subdivision 1 is a gross misdemeanor. 
  3.16     Sec. 6.  [EFFECTIVE DATE.] 
  3.17     Sections 1 to 5 are effective August 1, 1995, and apply to 
  3.18  offenses occurring on or after that date.