DUI and DWI Laws

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