SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1994 SESSION

  • | print version

SB 176 DUI.

Introduced by: Thomas K. Norment, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Omnibus Alcohol Safety Act of 1994. Provides for an immediate seven-day suspension of the driver's license (or, in the case of nonresidents and persons who are unlicensed whose licenses are revoked, driving privileges) of any person who is arrested for a DUI violation if such person (i) unreasonably refuses to submit to a breath test or (ii) registers 0.08 or higher on the breath test, upon issuance of a warrant by a magistrate. The magistrate serves a notice of suspension on the arrested person, and the arresting officer immediately takes possession of his license and gives it to the magistrate who promptly forwards the license to the clerk of the general district court of the jurisdiction where the arrest was made together with (i) a sworn report completed by the arresting officer which contains all information relevant to the arrest and (ii) a copy of the notice of suspension (a copy is also sent to the DMV). The suspended license must be promptly returned to the arrested person by the clerk (i) if the person is acquitted or the charge is dismissed during the seven-day period, (ii) upon request made during the seven-day period if the general district court determines (by a preponderance of the evidence) that there was not probable cause for the arrest or for issuance of a warrant, or (iii) at the expiration of the seven-day period.

If a request is made for review by the general district court within the seven-day suspension period, the court shall hear the review within the same time period as the court hears an appeal from an order denying bail or fixing bail or recognizance terms. This matter is to be given precedence over all other matters on the docket.

A restricted license may not be issued to the defendant in any event during the seven-day administrative suspension period.

The bill also removes the blood test option from the implied consent statute when testing is solely for alcohol intoxication unless the breath test is unavailable or the driver is not physically capable of taking a breath test. That option remains when testing is for the presence of drugs or drugs and alcohol. The presumption and per se language are modified to reflect greater use of the breath test, making the standard grams of alcohol per 210 liters of breath.

License reinstatement fees are raised from $40 to $50, $40 of which is to be retained by the DMV.

The portions of the bill (i) eliminating the blood test, (ii) prescribing an additional license suspension for refusal, (iii) increasing the reinstatement fee and (iv) adopting ALR have a delayed effective date of January 1, 1995.

The bill additionally:

1. Imposes a 6 month license forfeiture and $500 fine upon any person under the age of 21 who drives with a blood-alcohol concentration of 0.02 to 0.08. The juvenile abuse and lose provisions and other dispositional alternatives upon adjudication of delinquency are not applicable.

2. Lowers the per se and presumptive alcohol intoxication levels from 0.10 to 0.08.

3. Mandates a 30-day administrative motor vehicle impoundment or immobilization for a driving-without-a-license offense when the offender's license was revoked or suspended for an alcohol-related offense. The vehicle being driven at the time of the offense is seized by the arresting officer. If that vehicle is owned or co-owned by someone other than the offender, that person may petition the court to have the vehicle released for good cause shown and if the court is satisfied the owner or co-owner did not know the offender's license was revoked or suspended or did not consent to the offender's operation of the vehicle. All costs of impoundment are to be paid by the offender prior to release of the vehicle unless he establishes by a preponderance of the evidence that there was not probable cause for the arrest or the issuance of a warrant or he is acquitted of the charge .

4. Makes any person who knowingly authorizes the operation of a motor vehicle by one he knows to have a revoked or suspended license for an alcohol-related offense guilty of a Class 1 misdemeanor.

5. Upon conviction of a driving-without-a-license offense, where the vehicle being driven by the offender was solely owned by him and administratively impounded or immobilized upon his arrest, an additional period of impoundment for up to 90 days may be ordered.


FULL TEXT

AMENDMENTS

HISTORY