Vote Smart's Synopsis:

Vote to pass a bill that amends laws for those found driving under the influence of drugs or alcohol.

Highlights:

• Specifies that a person convicted of violating laws that govern driving under the influence will be punished as follows (Sec. 3):

• For a first violation, imprisonment for no less than 24 consecutive hours and no more than 6 months and will receive a fine of between $600 and $1,000. Except if one or more passengers were under the age of 16 at the time of the offense, the person will be imprisoned no less than 48 consecutive hours and no more than 1 year with a fine of between $1,200 and $2,000;

• For a second violation, imprisonment for no less than 7 consecutive days an no more than 1 year and will receive a fine of between $1,200 and $2,000. Except if one or more passengers were under the age of 16 at the time of the offence, the person will be imprisoned no less than 14 days and no more than 1 year with a fine of between $2,4000 and $4,000;

• For a third violation, imprisonment of no less than 30 consecutive days and no more than 1 year and will receive a fine of between $2,5000 and $5,000. Except if one or more of the passengers is under the age of 16 at the time of the offense, the person will be imprisoned for no less than 60 days and no more than 1 year, with a fine of between $5,000 and $10,000; and

• For a fourth and all subsequent violations, the person will be punished as an offense of aggravated driving under the influence, or a similar offense under previous laws of this state or the laws of another state.

• Authorizes the Department of Corrections to do the following for a first offense of driving under the influence of drug or alcohol while under the age of 21 with a blood concentration of greater than 0.02 and less than 0.08 (Sec. 36):

• Shall suspend the driver’s license or privilege to drive for 6 months; and

• May issue a probationary license if the person was under 18 years of age at the time of the offense and has completed at least 60 days of the suspension period.

• Authorizes the Department of Corrections to do the following for a second offense of driving under the influence of drug or alcohol while under the age of 21 with a blood concentration of greater than 0.02 and less than 0.08 (Sec. 36):

• Shall suspend the driver’s license or privilege to drive for one year; and

• May issue a probationary license if the person was under 18 years of age at the time of the offense and has completed at least 60 days of the suspension period.

• Authorizes the Department of Corrections to adopt policies governing the issuance and cancellation of probationary or restricted driver’s licenses, including requirements for issuing a probationary license when the person is convicted in an out-of-state jurisdiction (Sec. 34).

• Establishes a statewide sobriety and drug monitoring program within the Department and be administered by the attorney general, which its core components include use of a primary testing methodology for the presence of alcohol or dangerous drugs (Sec. 20).

• Defines “sobriety program” as a 24/7 sobriety and drug monitoring program which authorizes a court or agency, as a condition of bond, sentence, probation, parole, or work permit to (Sec. 19):

• Require an individual who has been charged with or convicted of a crime in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime, to abstain from alcohol or dangerous drugs for a period of time; and

• Requires the individual to be subject to testing to determine the presence of alcohol or dangerous drugs.

• Authorizes the Department to suspend the driver’s license or privilege to drive for 6 months and issue a probationary license during the period of suspension, for a person’s first misdemeanor offense of driving under the influence of drugs or alcohol (Sec. 36).

• Authorizes the Department to suspend the driver’s license or privilege to drive for one year and may not issue a probationary license during the period of suspension until the person completes at least 180 days of the one-year suspension, for a person’s second misdemeanor offense of driving under the influence of drugs or alcohol, unless that person does the following (Sec. 36):

• The person is enrolled in the 24/7 sobriety and drug monitoring program and the report of conviction includes a recommendation from the court that a probationary license be issued; or

• The person is enrolled in a DUI treatment court and the DUI court recommends a probationary license.

• Authorizes a peace officer to apply for a search warrant to collect a sample of the individual’s blood for testing, if they refuse to submit to one or more tests requested (Sec. 8).