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HF 3726

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/21/2018 12:31pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; requiring ignition interlock for repeat offenders to reinstate
driving privileges; providing that driving without a license after a DWI-related
offense is not a payable offense; amending Minnesota Statutes 2016, sections
169A.55, subdivision 4; 171.24, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 169A.55, subdivision 4, is amended to read:


Subd. 4.

Reinstatement of driving privileges; multiple incidents.

(a) new text begin A person whose
driver's license has been revoked as a result of an offense listed under clause (1) or (2) shall
not be eligible for reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that the person has neither owned nor leased a vehicle, the
person has not transferred ownership of a vehicle to a family or household member, no
family or household member owns or leases a vehicle which the person has express or
implied consent to drive, and the person has not committed a violation of chapter 169A or
171 during the revocation period; or the person has used the ignition interlock device and
complied with section 171.306 for a period of not less than:
new text end

new text begin (1) one year, for a person whose driver's license was revoked for:
new text end

new text begin (i) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end

new text begin (ii) an offense occurring after two qualified prior impaired driving incidents; or
new text end

new text begin (2) two years, for a person whose driver's license was revoked for:
new text end

new text begin (i) an offense occurring under clause (1), and where the test results indicated an alcohol
concentration of twice the legal limit; or
new text end

new text begin (ii) an offense occurring under clause (1), and where the current offense is for a violation
of section 169A.20, subdivision 2 (test refusal).
new text end

new text begin As used in this paragraph, "family or household member" has the meaning given in section
169A.63, subdivision 1, paragraph (f).
new text end

new text begin (b) new text end 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) has submitted verification of abstinence from alcohol and controlled substancesnew text begin
under paragraph (c)
new text end , as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.

deleted text begin (b)deleted text end new text begin (c) new text end 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.

deleted text begin (c)deleted text end new text begin (d) new text end The commissioner shall establish performance standards and a process for
certifying chemical monitoring devices. The standards and procedures are deleted text begin notdeleted text end new text begin considerednew text end
rules and are deleted text begin exempt fromdeleted text end new text begin subject to new text end chapter 14deleted text begin , including section 14.386deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to offenses
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 171.24, is amended by adding a subdivision to
read:


new text begin Subd. 4a. new text end

new text begin Driving after a DWI-related suspension, revocation, or cancellation;
misdemeanor.
new text end

new text begin (a) Except as otherwise provided in subdivision 5, a person is guilty of a
misdemeanor if:
new text end

new text begin (1) the person's driver's license or driving privilege has been suspended, revoked, or
canceled under section 169A.52, 169A.54, or 171.177;
new text end

new text begin (2) the person has been given notice of or reasonably should know of the suspension,
revocation, or cancellation; and
new text end

new text begin (3) the person disobeys the order by operating in this state any motor vehicle, the
operation of which requires a driver's license, while the person's license or privilege is
suspended, revoked, or canceled.
new text end

new text begin (b) Notwithstanding section 609.101, subdivision 4, the Judicial Council may not add
a violation of this subdivision to the Statewide Payables List.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end