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2004 SESSION

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SB 329 Driver's license; driving after forfeiture for DUI conviction, penalty.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

DUI; previous offender and breath test refusal. Provides that it is a Class 1 misdemeanor for a person who has been convicted of DUI, and who has been issued, and is subject to the provisions of a restricted permit, to drive with a blood alcohol concentration of 0.02 percent or more. The bill also punishes refusal to submit to a blood alcohol test as a Class 2 misdemeanor if the offender has a prior offense of DUI or refusal within 10 years, and as a Class 1 misdemeanor if the offender has two prior such offenses. Both offenses also carry a three-year license suspension.

SUMMARY AS PASSED SENATE:

DUI; previous offender and breath test refusal. Provides that it is a Class 1 misdemeanor for a person who has been convicted within the past five years of DUI, DUI maiming or DUI manslaughter to drive with a blood alcohol concentration of 0.02 or more but less than 0.08. A person's driver's license would be suspended for two years, without the possibility of a restricted license for the first year. The person would also be required to participate in VASAP. The bill also makes it a Class 1 misdemeanor to unreasonably refuse a breath or blood test. The threshold for ignition interlock systems is lowered from exceeding 0.025 to 0.020.

SUMMARY AS INTRODUCED:

DUI. Creates a rebuttable presumption that bail shall be denied to a person arrested for DUI, DUI manslaughter, DUI maiming or commercial DUI if he has previously been convicted of one of those offenses. The bill also extends the seven-day administrative suspension for a DUI arrest until the trial of the matter is completed if the person has previously been convicted of a DUI related offense. In addition, the sentence of a person convicted of DUI while driving on a revoked license who has previously been convicted of DUI is to run concurrently with any other sentence. The bill also includes DUI as a reportable offense to CCRE by law-enforcement officers upon arrest. Currently, it is specifically excluded.