HF 2390

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

  1.1                          A bill for an act
  1.2             relating to driving while intoxicated; including prior 
  1.3             driving while intoxicated violations involving 
  1.4             snowmobiles, all-terrain vehicles, and motorboats as 
  1.5             prior offenses for purposes of license revocation for 
  1.6             a driving while intoxicated offense involving a motor 
  1.7             vehicle; amending Minnesota Statutes 1994, sections 
  1.8             169.121, subdivision 4; and 169.123, subdivision 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 169.121, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  1.13  of public safety shall revoke the driver's license of a person 
  1.14  convicted of violating this section or an ordinance in 
  1.15  conformity with it as follows:  
  1.16     (1) first for an offense under subdivision 1:  not less 
  1.17  than 30 days; 
  1.18     (2) first for an offense under subdivision 1a:  not less 
  1.19  than 90 days; 
  1.20     (3) second offense in less than five years, or third or 
  1.21  subsequent offense on the record for an offense occurring within 
  1.22  five years after a prior impaired driving conviction or a prior 
  1.23  license revocation, or any time after the first of two or more 
  1.24  prior impaired driving convictions or prior license 
  1.25  revocations:  (i) if the current conviction is for a violation 
  1.26  of subdivision 1, not less than 180 days and until the court has 
  1.27  certified that treatment or rehabilitation has been successfully 
  2.1   completed where prescribed in accordance with section 169.126; 
  2.2   or (ii) if the current conviction is for a violation of 
  2.3   subdivision 1a, not less than one year and until the court has 
  2.4   certified that treatment or rehabilitation has been successfully 
  2.5   completed where prescribed in accordance with section 169.126; 
  2.6      (4) third offense in less than five years for an offense 
  2.7   occurring within five years after the first of two prior 
  2.8   impaired driving convictions or prior license revocations:  not 
  2.9   less than one year, together with denial under section 171.04, 
  2.10  subdivision 1, clause (8), until rehabilitation is established 
  2.11  in accordance with standards established by the commissioner; 
  2.12     (5) fourth or subsequent offense on the record for an 
  2.13  offense occurring any time after the first of three or more 
  2.14  prior impaired driving convictions or prior license 
  2.15  revocations:  not less than two years, together with denial 
  2.16  under section 171.04, subdivision 1, clause (8), until 
  2.17  rehabilitation is established in accordance with standards 
  2.18  established by the commissioner.  
  2.19     (b) If the person convicted of violating this section is 
  2.20  under the age of 21 years, the commissioner of public safety 
  2.21  shall revoke the offender's driver's license or operating 
  2.22  privileges for a period of six months or for the appropriate 
  2.23  period of time under paragraph (a), clauses (1) to (5), for the 
  2.24  offense committed, whichever is the greatest period.  
  2.25     (c) For purposes of this subdivision, a juvenile 
  2.26  adjudication under this section, section 169.129, an ordinance 
  2.27  in conformity with either of them, or a statute or ordinance 
  2.28  from another state in conformity with either of them is an 
  2.29  offense.  
  2.30     (d) Whenever department records show that the violation 
  2.31  involved personal injury or death to any person, not less than 
  2.32  90 additional days shall be added to the base periods provided 
  2.33  above.  
  2.34     (e) Except for a person whose license has been revoked 
  2.35  under paragraph (b), and except for a person who commits a 
  2.36  violation described in subdivision 3, paragraph (c), clause (4), 
  3.1   (child endangerment), any person whose license has been revoked 
  3.2   pursuant to section 169.123 as the result of the same incident, 
  3.3   and who does not have a prior impaired driving conviction or 
  3.4   prior license revocation as defined in subdivision 3 within the 
  3.5   previous ten years, is subject to the mandatory revocation 
  3.6   provisions of paragraph (a), clause (1) or (2), in lieu of the 
  3.7   mandatory revocation provisions of section 169.123. 
  3.8      (f) As used in this subdivision, the terms "prior impaired 
  3.9   driving conviction" and "prior license revocation" have the 
  3.10  meanings given in subdivision 3, paragraph (a). 
  3.11     Sec. 2.  Minnesota Statutes 1994, section 169.123, 
  3.12  subdivision 4, is amended to read: 
  3.13     Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
  3.14  refuses to permit a test, none shall be given, but the peace 
  3.15  officer shall report the refusal to the commissioner of public 
  3.16  safety and the authority having responsibility for prosecution 
  3.17  of misdemeanor offenses for the jurisdiction in which the acts 
  3.18  occurred.  However, if a peace officer has probable cause to 
  3.19  believe that the person has violated section 609.21, a test may 
  3.20  be required and obtained despite the person's refusal.  A 
  3.21  refusal to submit to an alcohol concentration test does not 
  3.22  constitute a violation of section 609.50, unless the refusal was 
  3.23  accompanied by force or violence or the threat of force or 
  3.24  violence.  
  3.25     (b) If a person submits to a test and the test results 
  3.26  indicate an alcohol concentration of 0.10 or more, or if a 
  3.27  person was driving, operating, or in physical control of a 
  3.28  commercial motor vehicle and the test results indicate an 
  3.29  alcohol concentration of 0.04 or more, the results of the test 
  3.30  shall be reported to the commissioner of public safety and to 
  3.31  the authority having responsibility for prosecution of 
  3.32  misdemeanor offenses for the jurisdiction in which the acts 
  3.33  occurred. 
  3.34     (c) Upon certification by the peace officer that there 
  3.35  existed probable cause to believe the person had been driving, 
  3.36  operating, or in physical control of a motor vehicle while under 
  4.1   the influence of alcohol or a controlled substance and that the 
  4.2   person refused to submit to a test, the commissioner of public 
  4.3   safety shall revoke the person's license or permit to drive, or 
  4.4   nonresident operating privilege, for a period of one year even 
  4.5   if a test was obtained pursuant to this section after the person 
  4.6   refused to submit to testing.  
  4.7      (d) Upon certification by the peace officer that there 
  4.8   existed probable cause to believe the person had been driving, 
  4.9   operating, or in physical control of a commercial motor vehicle 
  4.10  with the presence of any alcohol and that the person refused to 
  4.11  submit to a test, the commissioner shall disqualify the person 
  4.12  from operating a commercial motor vehicle for a period of one 
  4.13  year under section 171.165 and shall revoke the person's license 
  4.14  or permit to drive or nonresident operating privilege for a 
  4.15  period of one year.  
  4.16     (e) Upon certification by the peace officer that there 
  4.17  existed probable cause to believe the person had been driving, 
  4.18  operating or in physical control of a motor vehicle while under 
  4.19  the influence of alcohol or a controlled substance and that the 
  4.20  person submitted to a test and the test results indicate an 
  4.21  alcohol concentration of 0.10 or more, the commissioner of 
  4.22  public safety shall revoke the person's license or permit to 
  4.23  drive, or nonresident operating privilege, for:  (1) for a 
  4.24  period of 90 days; or (2) if the person is under the age of 21 
  4.25  years, for a period of six months; or (3) if the person's 
  4.26  driver's license or driving privileges have been revoked for a 
  4.27  person with a prior impaired driving conviction or prior license 
  4.28  revocation within the past five years under this section or 
  4.29  section 169.121, for a period of 180 days.  
  4.30     (f) On certification by the peace officer that there 
  4.31  existed probable cause to believe the person had been driving, 
  4.32  operating, or in physical control of a commercial motor vehicle 
  4.33  with any presence of alcohol and that the person submitted to a 
  4.34  test and the test results indicated an alcohol concentration of 
  4.35  0.04 or more, the commissioner of public safety shall disqualify 
  4.36  the person from operating a commercial motor vehicle under 
  5.1   section 171.165.  
  5.2      (g) If the person is a resident without a license or permit 
  5.3   to operate a motor vehicle in this state, the commissioner of 
  5.4   public safety shall deny to the person the issuance of a license 
  5.5   or permit for the same period after the date of the alleged 
  5.6   violation as provided herein for revocation, subject to review 
  5.7   as hereinafter provided. 
  5.8      (h) As used in this subdivision, the terms "prior impaired 
  5.9   driving conviction" and "prior license revocation" have the 
  5.10  meanings given in section 169.121, subdivision 3, paragraph (a). 
  5.11     Sec. 3.  [EFFECTIVE DATE.] 
  5.12     Sections 1 and 2 are effective August 1, 1996, and apply to 
  5.13  violations occurring on or after that date.