HF 3935

as introduced - 90th Legislature (2017 - 2018) Posted on 03/22/2018 04:15pm

A bill for an act
relating to public safety; creating a lifetime revocation of licenses and permits to
drive for certain repeat offenders; creating a reinstatement process for individuals
subject to lifetime revocation; amending Minnesota Statutes 2016, sections
169A.52, subdivisions 3, 4; 169A.55, subdivision 4, by adding a subdivision;
Minnesota Statutes 2017 Supplement, section 171.177, subdivisions 4, 5.

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

Section 1.

Minnesota Statutes 2016, section 169A.52, subdivision 3, is amended to read:

Subd. 3.

Test refusal; license revocation.

(a) Upon certification by the peace officer
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20 (driving while impaired),
and that the person refused to submit to a test, the commissioner shall revoke the person's
license or permit to drive, or nonresident operating privilege, even if a test was obtained
pursuant to this section after the person refused to submit to testing. The commissioner shall
revoke the license, permit, or nonresident operating privilege:

(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;

(2) for a person under the age of 21 years and with no qualified prior impaired driving
incidents within the past ten years, for a period of not less than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years, or two qualified prior impaired driving incidents, for a period of not less than two
years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years, or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; deleted text begin or
deleted text end

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) notwithstanding the revocation periods in clauses (1) to (6), for a person with five
or more qualified prior impaired driving incidents, for the remainder of the person's lifetime
subject to the reinstatement provision under section 169A.55, subdivision 4a.
new text end

(b) Upon certification by the peace officer that there existed probable cause to believe
the person had been driving, operating, or in physical control of a commercial motor vehicle
with the presence of any alcohol in violation of section 169A.20 (driving while impaired),
and that the person refused to submit to a test, the commissioner shall disqualify the person
from operating a commercial motor vehicle and shall revoke the person's license or permit
to drive or nonresident operating privilege according to the federal regulations adopted by
reference in section 171.165, subdivision 2.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2016, section 169A.52, subdivision 4, is amended to read:

Subd. 4.

Test failure; license revocation.

(a) Upon certification by the peace officer
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20 (driving while impaired)
and that the person submitted to a test and the test results indicate an alcohol concentration
of 0.08 or more or the presence of a controlled substance listed in Schedule I or II or its
metabolite, other than marijuana or tetrahydrocannabinols, then the commissioner shall
revoke the person's license or permit to drive, or nonresident operating privilege:

(1) for a period of 90 days, or, if the test results indicate an alcohol concentration of
twice the legal limit or more, not less than one year;

(2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years, or two qualified prior impaired driving incidents, for a period of not less than one
year, or if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years, or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; deleted text begin or
deleted text end

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) notwithstanding the revocation periods in clauses (1) to (6), for a person with five
or more qualified prior impaired driving incidents, for the remainder of the person's lifetime
subject to the reinstatement provision under section 169A.55, subdivision 4a.
new text end

(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a test and the test results
indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
person from operating a commercial motor vehicle under section 171.165 (commercial
driver's license disqualification).

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20 and that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described in paragraphs
(a) and (b).

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2016, 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) 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; deleted text begin or
deleted text end

(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 . deleted text end new text begin ; or
new text end

new text begin (4) six years after a person began use of an ignition interlock device, for a person made
eligible for a restricted license pursuant to subdivision 4a.
new text end

(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.

Sec. 4.

Minnesota Statutes 2016, section 169A.55, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Reinstatement of driving privileges; lifetime revocation. new text end

new text begin (a) A person whose
driving privileges have been revoked or canceled for the remainder of the person's lifetime
pursuant to section 169A.52, subdivision 3, paragraph (a), clause (7); 169A.52, subdivision
4, paragraph (a), clause (7); 171.177, subdivision 4, paragraph (a), clause (7); or 171.177,
subdivision 5, paragraph (a), clause (7), may file a petition for a hearing in the matter in the
district court in the county where the person resides and, in the case of a nonresident, in the
district court in any county and the court is vested with jurisdiction. The court must set the
matter for hearing upon 15 days' written notice to the commissioner and county attorney,
take testimony and examine the facts of the case to determine whether the petitioner is
entitled to an order making the person eligible for reinstatement of driving privileges, and
render judgment accordingly.
new text end

new text begin (b) A petition may be filed under this subdivision no sooner than the later of:
new text end

new text begin (1) ten years after the date on which the person's driving privileges were revoked or
canceled;
new text end

new text begin (2) ten years after the person was released from confinement for any offense arising out
of the course of conduct that resulted in the license revocation or cancellation;
new text end

new text begin (3) five years after a court denied a petition under this subdivision; or
new text end

new text begin (4) if the person is convicted of a criminal offense involving a motor vehicle during the
revocation or cancellation period, ten years from the date of the most recent conviction
involving a motor vehicle.
new text end

new text begin (c) In determining whether to grant a petition filed under this subdivision, a court shall
consider:
new text end

new text begin (1) the nature of the offense for which the person's driving privileges were revoked or
canceled;
new text end

new text begin (2) relevant criminal and noncriminal behavior of the petitioner before and after the
revocation or cancellation;
new text end

new text begin (3) the recommendation, if any, of the petitioner's probation or supervised release agent;
new text end

new text begin (4) whether the person successfully completed a chemical dependency treatment program;
new text end

new text begin (5) any evidence or verification of abstinence from alcohol and controlled substances;
and
new text end

new text begin (6) any other relevant factors.
new text end

new text begin (d) The court may issue an order making the person eligible for reinstatement of driving
privileges or for a restricted license pursuant to section 171.306, subdivision 4, if the court
finds by clear and convincing evidence that the petitioner:
new text end

new text begin (1) is rehabilitated;
new text end

new text begin (2) does not pose a threat to public safety, or that any threat to public safety will be
addressed through participation in the ignition interlock program; and
new text end

new text begin (3) the person successfully completed a chemical dependency treatment program if
ordered by a court.
new text end

new text begin (e) A person made eligible for a restricted license is eligible for reinstatement of driving
privileges pursuant to subdivision 4.
new text end

new text begin (f) Upon receipt of a court order making a person eligible for reinstatement of driving
privileges or a restricted license, the commissioner shall require the person to comply with
section 171.29 before issuing a license or section 171.306 before issuing a restricted license.
new text end

Sec. 5.

Minnesota Statutes 2017 Supplement, section 171.177, subdivision 4, is amended
to read:

Subd. 4.

Test refusal; license revocation.

(a) Upon certification under subdivision 3
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20, and that the person
refused to comply with the execution of the search warrant under sections 626.04 to 626.18,
the commissioner shall revoke the person's license or permit to drive or nonresident operating
privilege. The commissioner shall revoke the license, permit, or nonresident operating
privilege:

(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;

(2) for a person under the age of 21 years and with no qualified prior impaired driving
incidents within the past ten years, for a period of not less than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than two
years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; deleted text begin or
deleted text end

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) notwithstanding the revocation periods in clauses (1) to (6), for a person with five
or more qualified prior impaired driving incidents, for the remainder of the person's lifetime
subject to the reinstatement provision under section 169A.55, subdivision 4a.
new text end

(b) When a person who had been driving, operating, or in physical control of a
commercial motor vehicle refuses to comply with the search warrant and permit testing,
the commissioner shall disqualify the person from operating a commercial motor vehicle
and shall revoke the person's license or permit to drive or nonresident operating privilege
according to the federal regulations adopted by reference in section 171.165, subdivision
2.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2017 Supplement, section 171.177, subdivision 5, is amended
to read:

Subd. 5.

Test failure; license revocation.

(a) Upon certification under subdivision 3,
pursuant to a search warrant under sections 626.04 to 626.18, that there existed probable
cause to believe the person had been driving, operating, or in physical control of a motor
vehicle in violation of section 169A.20, and that the person submitted to a test and the test
results indicate an alcohol concentration of 0.08 or more or the presence of a controlled
substance listed in Schedule I or II or its metabolite, other than marijuana or
tetrahydrocannabinols, the commissioner shall revoke the person's license or permit to drive
or nonresident operating privilege:

(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice
the legal limit or more, not less than one year;

(2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than one
year or, if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; deleted text begin or
deleted text end

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) notwithstanding the revocation periods in clauses (1) to (6), for a person with five
or more qualified prior impaired driving incidents, for the remainder of the person's lifetime
subject to the reinstatement provision under section 169A.55, subdivision 4a.
new text end

(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a test and the test results
indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
person from operating a commercial motor vehicle under section 171.165.

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20, and that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described in paragraphs
(a) and (b).

new text begin EFFECTIVE DATE. new text end

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