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S.F. No. 3327 - DWI-related Changes (Second Engrossment)
Author: Senator Ron Latz
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
Krista Boyd, Senate Fiscal Analyst (651/296-7681)
Date: April 18, 2016


Sections 1, 2, and 6 amend the laws specifying the judicial review process for challenging loss of hunting privileges due to hunting while impaired (HWI), loss of driving privileges due to driving while impaired (DWI), and license plate impoundment due to DWI, respectively, to allow persons challenging the loss or impoundment to file a petition within 60 days rather than 30. These changes are effective the day following final enactment.

Section 3 amends the implied consent law to add a defense applicable to cases where a person is found to have any amount of a schedule I or II controlled substance (other than marijuana) in the person’s body. The defense involves proof that the person used the substance according to the terms of a valid prescription.  

Sections 4 and 9 amend the provisions of law that require a person whose driver’s license has been revoked to successfully pass an examination before being issued another license. Exempts DWI offenders from these provisions.

Section 5 provides that in order for a repeat DWI offender to be able to legally drive again, the offender must participate in the ignition interlock program, unless the person has not owned or leased a vehicle during the revocation period and has not committed a violation of  chapter 169 or 171. Under current law, DWI offenders with three DWIs in ten years, or four on their record, must use ignition interlock for a set period of time in order to seek reinstatement of full driving privileges. These offenders cannot “wait out” the general driver’s license cancellation period if they want a driver’s license again. However, first-time offenders and those with fewer priors have a choice of whether to participate in the ignition interlock program or wait out the cancellation period.

Section 7 modifies the DWI forfeiture law’s innocent owner defense to allow, in instances of joint ownership, any innocent owner to assert the defense. Under current law (as interpreted by case law), all owners must be considered innocent for the defense to apply. 

Section 8 amends the DWI forfeiture law to provide that it does not apply to offenders who begin participation in the ignition interlock program within 60 days following the service of a Notice of Seizure and Intent to Forfeit. Provides that the vehicle is summarily forfeited if it is used by the program participant in the commission of another DWI before the participant has been restored to full driving privileges or within three years of the original offense or license revocation, whichever occurs latest.




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