SF 3458

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 03:49pm

A bill for an act
relating to public safety; providing for reinstatement of driving privileges with
ignition interlock; amending Minnesota Statutes 2018, section 169A.55, subdivision
4.

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

Section 1.

Minnesota Statutes 2018, 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driver's license has been revoked as a result of an offense listed under clause (1) or (2) shall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 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new text begin (1) one year, for a person whose driver's license was revoked for: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new text begin (2) two years, for a person whose driver's license was revoked for: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 more; 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.
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 substances new 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) 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.
deleted text end