HF 2690

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 12:38pm

A bill for an act
relating to impaired driving; requiring ignition interlock for repeat offenders
to reinstate driving privileges; amending Minnesota Statutes 2014, section
169A.55, subdivision 4.

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

Section 1.

Minnesota Statutes 2014, 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whose driver's license has been revoked as a result of an offense listed under clause (1) or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 the person's use of the ignition interlock device
and compliance 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new text begin (1) one year, for a person whose driver's license was revoked for: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new text begin (2) two years, for a person whose driver's license was revoked for: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 (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) 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 not rules and
are exempt from chapter 14, including section 14.386.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2016, and applies to
offenses committed on or after that date.
new text end