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2004 SESSION

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Senate Committee on Courts of Justice
Subcommittee DUI Subcommittee #2

Mims, Stolle, Norment, Reynolds, Rerras

Clerk: Larry M. Girvin
Staff: Jescey French, Mary K. Felch
Date of Meeting: March 2, 2004
Time and Place: Tuesday Afternoon, Senate Room B (Revised added HB 1136)
Immediately Upon Adjournment of Committee on Local Government

H.B. 127

Patron: Albo

Three-year license suspension for refusal. Provides that if the court or jury finds the defendant guilty of an offense of refusal to submit to a blood alcohol test occurring within 10 years of a prior DUI, as charged in the warrant or summons issued pursuant to § 18.2-268.3, the court shall suspend the defendant's privilege to drive for a period of three years.

H.B. 664

Patron: Bell

Arrest for drunk driving. Allows an officer with the power of arrest to arrest a person, who was involved in an accident, at any location where such person has moved,. Currently, the officer is restricted to arresting such person who has been transported to a hospital or medical facility.

H.B. 667

Patron: Bell

Penalties for driving while intoxicated. Reduces the blood alcohol content from 0.20 to 0.15 for purposes of mandatory confinement of 10 days, 20 days for second offense, and reduces the blood alcohol content from 0.25 to 0.20 for purposes of mandatory confinement of five days, 10 days for second offense. The bill adds a provision requiring a mandatory term of confinement of two days for a blood alcohol content of at least 0.12 percent but less than 0.15 percent.

Impact Statements

H.B. 669

Patron: Bell

Crimes; DUI; blood test. Amends the implied consent statute to extend from three hours to six hours the time period in which a blood or breath test can be taken after a stop.

H.B. 676

Patron: Bell

Revocation of license for multiple convictions of driving while intoxicated. Clarifies language regarding administrative license revocation for multiple DUI offenses to eliminate apparent requirement that a "second offense" or "third offense" be proven for the revocation to occur. Intended effect of new wording is to accomplish revocation for multiple "first offenses," i.e., those cases where the Commonwealth was unable to or did not prove that the defendant had a prior offense.

H.B. 889

Patron: Bell

Enhanced punishment for third DUI, etc. Provides that a person charged with third offense DUI is rebuttably presumed ineligible for bail. The bill also provides for a mandatory term of 10 days for anyone who causes bodily injury while driving intoxicated.

Impact Statements

H.B. 1130

Patron: McDonnell

Forfeiture of vehicle for third DUI offense. Provides that any person convicted a third or subsequent time for DUI within 10 years shall suffer the seizure and forfeiture of his vehicle.

H.B. 1136

Patron: McDonnell

Administrative license revocation. Provides that when a person is arrested or summonsed for a DUI offense, the period of administrative license revocation shall be the earlier of trial or seven days for a first alleged offense, 30 days for a second alleged offense and 60 days for a third alleged offense. The person may petition the court for a restricted license based on substantial hardship. The suspension period is currently seven days in all cases.

H.B. 1138

Patron: McDonnell

Mandatory ignition interlock. Provides that, in addition to any penalty provided by law for a DUI conviction the court shall, for any offense where an offender's blood alcohol content equals or exceeds 0.15 percent, as a condition of a restricted license or as a condition of license restoration, require an ignition interlock.

H.B. 1147

Patron: McDonnell

Penalty for driving while intoxicated; subsequent offense. Creates a mandatory minimum term of 30 days for a second offense within five years, formerly five days; for a second offense within five to 10 years, 10 days in jail, formerly no mandatory minimum; for a third offense within 10 years, 60 days, formerly 10 days; and for a third offense within five years, 180 days, formerly 30 days.

Impact Statements

H.B. 1481

Patron: McDonnell

Exemplary damages for persons injured by intoxicated drivers. Provides that a person is liable for exemplary damages if he causes injury or death while driving with a blood alcohol content of 0.15 percent notwithstanding his lack of knowledge of his intoxication. Currently, in order to be liable he must reasonably know that he has consumed too much alcohol to drive safely.