DUI and DWI Laws

Posted Friday, May 25, 2007
Categories: Drunk Driving

New DUI DWI (DRUNK DRIVING) Laws for 2006

State by State Listing

Alaska Bill Number: HB 136 Enacted This bill would limit the authority
of a court to suspend execution of a sentence, or grant probation, in
prosecutions for driving while under the influence as well as
prosecutions for refusal to submit to a chemical test.

Arizona Bill Number: SB 1240 Enacted Would establish a special
ignition interlock drivers license. Arkansas Bill Number: HB 2041 Enacted
Would require the completion of an alcohol education program for certain
DWI violations.

California Bill Number: SB 547 Enacted This bill would establish a
pilot program in Sacramento County that would authorize, until January 1,
2009, the impoundment of a person’s vehicle by a peace officer for a DUI
offense that is undertaken in combination with an intervention and a
referral of the person to a driving-under-the-influence program, as
specified, if the person has one or more prior DUI convictions within the
past 10 years. The bill would implement the program only to the extent
that funds from private or federal sources are available to fund the
program and only if the Board of Supervisors of Sacramento County enacts
an ordinance or resolution authorizing the implementation of the pilot
program in the county. The bill would require the county to report to the
Legislature regarding the effectiveness of the pilot program, as
specified.

Florida Bill Number: SB 530 Enacted Would require placement of
ignition interlock devices on vehicles operated by any person convicted
of committing certain DUI offenses; specifies duration of each
installation period based upon number of DUI convictions; requires
installation of ignition interlock if court fails to order mandatory
placement of device or fails to order placement for applicable
period.

Florida Bill Number: HB 19 Enacted Provides for 6-month vehicle
registration for persons reinstating driver’s license that has been
suspended for DUI; requires HSMV to issue 6-month vehicle registration
certificates & validation stickers; requires persons whose license or
registration has been suspended or revoked due to violation of DUI to
maintain, for 3 years, certain noncancelable liability coverage. Florida
Bill Number: HB 233 Enacted Includes the death of an unborn child under
DUI manslaughter defines offense as “vehicular homicide”; provides that
killing an unborn child by injury to the mother that would be murder in
any degree if it resulted in death of the mother is murder in same
degree; provides that death of mother does not bar prosecution under
specified circumstances.

Hawaii Bill Number: HB 437 Enacted Clarifies that the term of
imprisonment for violation of section 291E-61(b)4) HRS, shall not exceed
the maximum term provided in subsections (b)1) (b)2) and (b)3)
respectively.

Illinois Bill Number: SB 1495 Enacted Provides that, if a defendant is
convicted of aggravated driving under the influence of alcohol, drugs, or
intoxicating compounds because his or her DUI violation was the cause of
the death of one or more persons, the defendant shall be sentenced to a
term of imprisonment, unless the court determines that extraordinary
circumstances exist and require probation.

Illinois Bill Number: HB 1562 Enacted Amends the Renter’s Financial
Responsibility and Protection Act. Provides that a vehicle rental company
may void a damage waiver with regard to damage or loss occurring while
the rental vehicle was operated by a driver under the influence of
alcohol, drugs, or intoxicating compounds, in violation of the DUI
provisions of the Illinois Vehicle Code.

Illinois Bill Number: HB 3648 Enacted A person involved as a driver in
an a fatal accident or an accident involving severely bleeding wounds,
distorted extremities, or injuries that required the injured party to be
carried from the scene (rather than any person arrested after being
involved as a driver in a fatal accident or an accident involving
personal injury) is deemed to have consented to undergo chemical testing
for alcohol, drugs, or intoxicating compounds.

Illinois Bill Number: HB 887 Enacted Proposes that a local government
unit may not enact or enforce any rule or ordinance, the violation of
which would constitute a felony under the Vehicle Code provision
prohibiting driving under the influence of alcohol, drugs, or
intoxicating compounds. Also proposes that a municipal attorney may not
prosecute, and a State’s Attorney may not allow a municipal attorney to
prosecute, any ordinance violation that would constitute a felony under
the DUI provision of the Vehicle Code. Provides that a municipal attorney
must notify the State’s Attorney if a driver’s alleged conduct would
constitute a felony under the DUI provision.

Illinois Bill Number: HB 1081 Enacted This bill proposes that if a
defendant is convicted of aggravated DUI of alcohol, drugs, or
intoxicating compounds because the defendant’s DUI violation was the
cause of the death of one or more persons, the defendant shall be
sentenced to a term of imprisonment, provided that the court does not
determine that extraordinary circumstances exist and require
probation.

Illinois Bill Number: HB 396 Enacted Amends the Illinois Vehicle Code.
Sets the maximum duration of the first judicial driving permit issued to
a person whose driver’s license has been summarily suspended under the
DUI provisions of the Code at 45 days. Allows for an extension the
original permit by the court after 30 days, and provides that the
extension of the permit may be for any length of time, up to the
remaining duration of the statutory summary suspension.

Illinois Bill Number: HB 657 Enacted Amends the Illinois Vehicle Code
by increasing the penalties for driving under the influence of alcohol,
drugs, or intoxicating compounds while transporting a child under the age
of 16 years.

Iowa Bill Number: HB 726 Enacted This bill allows a physician
assistant or an advanced registered nurse practitioner to certify a
person’s unconscious state or other incapacitated condition, for purposes
of chemical testing of a person suspected of driving while
intoxicated.

Kansas Bill Number: SB 148 Enacted This bill proposes striking the
5-year limitation on the increase in repeat DUI penalties. Kansas Bill
Number: HB 2385 Enacted This bill addresses tests for alcohol and drugs
when a person is suspected of DUI.Corrections and Juvenile Justice.

Louisiana Bill Number: HB 281 Enacted Provides for admissibility of
state police crime lab BAC test results in civil cases.

Maryland Bill Number: SB 650 Enacted This bill proposes specified
enhanced criminal penalties which may be imposed when a person is
convicted of a specified alcohol, or drug, related driving offense and
the trier of fact finds that such person knowingly refused to take a
specified sobriety test.

Maryland Bill Number: HB 103 Enacted This bill proposes specified
enhanced criminal penalties which may be imposed if a person is convicted
of specified alcohol or drug-related driving offenses, and the trier of
fact determines that the person knowingly refused to take a specified
test. Also requires that a police officer advise a person of the enhanced
criminal penalties under specified circumstances.

Missouri Bill Number: HB 2A Enacted The bill changes the laws
regarding driving while intoxicated to expand the definitions of
“aggravated offender,” “chronic offender,” and “intoxication-related
traffic offense” to include murder in the second degree where the
underlying felony is an intoxication-related offense.

Montana Bill Number: HB 374 Enacted This bill proposes increasing the
penalty for drunk driving when a person under 16 years of age was in the
vehicle at the time of the offense.

Montana Bill Number: HB 99 Enacted This bill would increase the
penalties for driving with a suspended or revoked license when the reason
for suspension or revocation was that the person was convicted of DUI or
refusal to test for alcohol or drugs when requested by a law enforcement
officer to do so.

Montana Bill Number: SB 423 Enacted This bill revises ignition
interlock laws by requiring certain driver’s licenses to convey the terms
of probation imposed on the licensee.

Montana Bill Number: HB 374 Enacted Proposes increasing the penalty
that may be imposed upon a person for driving while under the influence
or with an excessive alcohol concentration if one or more of the
passengers in the vehicle is under 16 years of age at the time of the
offense.

Nebraska Bill Number: LB 594 Enacted This bill proposes changes to the
provisions and penalties for driving under the influence.

Nevada Bill Number: AB 256 Enacted This bill proposes establishing the
crimes of vehicular homicide for driving a vehicle under the influence of
alcohol or certain substances which causes death under certain
circumstances.

New Hampshire Bill Number: HB 125 Enacted This bill proposes the
requirement of an ignition interlock device on any vehicle registered to
a person who drives after his or her driver’s license has been suspended
or revoked for a DWI offense, or registered to a member of that person’s
household.

New Mexico Bill Number: SB 109 Enacted Requires juvenile offenders to
obtain an interlock ignition device for one year after a conviction for
DWI or an offense relating to drugs or alcohol.

New Mexico Bill Number: HB 282 Enacted Requires all DWI offenders to
have ignition interlock systems in their vehicles.

North Carolina Bill Number: HB 35 Enacted This bill would increase the
fees paid by DWI offenders to attend alcohol and drug education traffic
schools.

North Dakota Bill Number: HB 1396 Enacted This bill proposes changes
to the fines for driving under the influence.

North Dakota Bill Number: SB 2372 Enacted Proposes the creation of a
Responsible Choice Commission as well as a comprehensive program aimed at
addressing impaired driving, alcohol and drug abuse, and other
destructive behavior.

Oregon Bill Number: SB 114 Enacted Proposes increasing the fees for
screening interviews of persons convicted of driving while under
influence of intoxicants and diagnostic assessments of persons entering
diversion agreements.

Tennessee Bill Number: SB 2249 Enacted Revises provisions governing
ineligibility for pretrial diversion and judicial diversion for persons
convicted of DUI offenses.

Tennessee Bill Number: HB 1566 Enacted Deletes separate offenses of
child endangerment, aggravated child endangerment, and especially
aggravated child endangerment and makes them sentence enhancements for
DUI violation; requires law enforcement and judges to report information
of person committing DUI accompanied by child under 18 to children’s
services as other cases of suspected child abuse or neglect.

Tennessee Bill Number: HB 642 Enacted This bill permits a law
enforcement officer to arrest, without warrant, the driver of a motor
vehicle who leaves the scene of an accident, and who is apprehended
within four hours of the accident, when the officer has probable cause to
believe the driver drove under the influence.

Tennessee Bill Number: HB 581Enacted Present law requires that any
person convicted of DUI be confined in jail for at least 48 hours. This
bill would authorize substitution of 48 hours roadside cleanup in lieu of
the 48-hour confinement.

Tennessee Bill Number: SB 60 Enacted Present law provides that any
person who drives a motor vehicle in this state is deemed to have given
consent to a test for the purpose of determining the alcoholic or drug
content of that person’s blood. This bill would revise the above
provision to specify that drivers will be deemed to have consented to a
test to determine the alcohol content of that person’s blood, a test to
determine the drug content of that person’s blood, or both such
tests.

Texas Bill Number: SB 217 Enacted This bill proposes reporting
positive alcohol and drug tests of holders of commercial driver’s
licenses.

Utah Bill Number: HB 65 Enacted This bill proposes that the Driver
License Division shall immediately take action on a driver license when a
person has operated, or been in actual physical control of, a motor
vehicle while the person’s driving privilege is suspended due to an
alcohol related offense.

Utah Bill Number: SB 42 Enacted This bill modifies the Motor Vehicles
Code and the Public Safety Code to amend provisions relating to certain
persons operating a vehicle with any measurable or detectable amount of
alcohol in the person’s body.

Virginia Bill Number: HB 2786 Enacted This bill provides that the
defined term “motor vehicle,” including mopeds operated on the public
highways of this Commonwealth, applies to all of the provisions of the
article of the Code establishing the DUI laws.

Virginia Bill Number: SB 1093 Enacted The bill spells out the
procedure for charging a person with refusal and states that a first
violation of the refusal statute is a civil offense and that subsequent
violations are criminal offenses. A law-enforcement officer will have to
read the refusal form only to persons who refuse to take a blood or
breath test.

Virginia Bill Number: HB 2655 Enacted This bill clarifies provisions
in the driving under the influence laws, particularly in the refusal
statute. The bill spells out the procedure for charging a person with
refusal. A law-enforcement officer will have to read the refusal form
only to persons who refuse to take a blood or breath test.

Virginia Bill Number: HB 2668 Enacted This bill proposes that if a
person arrested for DUI is taken to a medical facility for treatment or
evaluation of his medical condition, the arresting officer at a medical
facility may issue, on the premises of the medical facility, a summons
for the DUI violation and for refusal of blood alcohol tests in lieu of
securing a warrant. Currently, the summons is authorized only for a
refusal.

Virginia Bill Number: HB 1674 Enacted This bill would include juvenile
defendants in existing provisions that allow localities to seek
reimbursement of expenses related to providing an emergency response to
certain traffic and DUI incidents. Virginia Bill Number: HB 1896 Enacted
Makes driving under the influence of any illegally possessed drug a
violation of DUI statute.

Washington Bill Number: HB 1266 Enacted This bill relates to positive
drug or alcohol test results of commercial motor vehicle operators.
Wisconsin Bill Number: AB 92 Enacted Under this bill, the fact that a
person had an alcohol concentration that is over the legal limit may be
admitted as prima facie evidence that the person was under the influence
of an intoxicant, regardless of the number of prior OWI related
convictions.

Source: Legislative Tracking
Database

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