HF 2088

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 11:21am

A bill for an act
relating to public safety; establishing a variance for individuals who cannot provide
a sufficient breath sample for an ignition interlock device due to a lung disease;
amending Minnesota Statutes 2020, section 169A.55, subdivision 4.

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

Section 1.

Minnesota Statutes 2020, section 169A.55, subdivision 4, is amended to read:

Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) A person whose
driver's license has been canceled or denied as a result of three or more qualified impaired
driving incidents shall not be eligible for reinstatement of driving privileges without an
ignition interlock restriction until the person:

(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and

(2) new text begin except as provided in paragraph (d), new text end has submitted verification of abstinence from
alcohol and controlled substances, as evidenced by the person's use of an ignition interlock
device or other chemical monitoring device approved by the commissioner.

(b) The verification of abstinence must show that the person has abstained from the use
of alcohol and controlled substances for a period of not less than:

(1) three years, for a person whose driver's license was canceled or denied 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 incidents;

(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or

(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.

(c) The commissioner shall establish performance standards and a process for certifying
chemical monitoring devices. The standards and procedures are not rules and are exempt
from chapter 14, including section 14.386.

new text begin (d) The commissioner may grant a variance from the requirement to use an ignition
interlock device and require other proof of abstinence if:
new text end

new text begin (1) the person suffers from a verified chronic lung disease including but not limited to
emphysema, lung cancer, or cystic fibrosis;
new text end

new text begin (2) as a result of the lung disease, the person is incapable of providing a sufficient sample
of the person's breath for testing by an ignition interlock device; and
new text end

new text begin (3) the commissioner has not approved the use of any other chemical monitoring device.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to any person
whose driver's license is canceled or denied as a result of three or more qualified impaired
driving incidents on or after that date, and retroactively to any person whose driver's license
was canceled or denied as a result of three or more qualified impaired driving incidents
before that date.
new text end