Bill > SB150

Introduced Session

This bill creates an ignition interlock restricted driver's license (IIRL). Under current law, no person may drive or operate a motor vehicle while under the influence of an intoxicant or drug, with a prohibited alcohol concentration, or with a measurable amount of a controlled substance in his or her blood (OWI). A person who does so is subject to penalties that increase, in terms of forfeitures or fines assessed, periods of imprisonment imposed, and periods of time during which the person's privilege to operate a motor vehicle is suspended or revoked, with each subsequent offense. Current law allows most OWI offenders, after a waiting period that increases with each subsequent OWI offense, to apply for an occupational license that allows the person to operate a motor vehicle for certain limited activities and within certain limited geographic boundaries. Under current law, a law enforcement officer who arrests a person for an OWI offense may request that the person take a chemical test to determine the amount of alcohol in his or her blood or breath. Under certain other limited circumstances, the officer may request the person to take the test before he or she is arrested. If the person refuses to take the test, the officer takes possession of the person's driver's license and issues the person a notice that the Department of Transportation will revoke the person's driving privilege for a minimum of one year and a maximum of three years, depending on how many prior OWI offenses the person has committed. Under current law, refusing to take a chemical test is counted as an OWI offense. If the person takes the test and the test indicates that the person has committed an OWI, the officer takes possession of the person's driver's license and DOT administratively suspends the person's operating privilege for six months. A person whose operating privilege is administratively suspended or revoked may, within 10 days, submit a written request for DOT to review his or her administrative suspension or revocation. A person whose operating privilege is administratively suspended for failing a chemical test may apply for an occupational license immediately. A person whose operating privilege is administratively revoked for refusing a test may apply for an occupational license after 30 days for a first OWI offense, after 90 days after a second OWI offense, and after 120 days after a third or subsequent OWI offense. However, if the person has committed two or more OWI offenses within five years, current law requires him or her to wait 12 months before he or she may apply for an occupational license. Current law also requires DOT to LRB-0008/1 EVM:wlj 2023 - 2024 Legislature SENATE BILL 150 administratively suspend or revoke a person's operating privilege when it receives notification that a person has been convicted of committing certain OWI-related offenses in this state or in another state or on tribal land. The periods of suspension or revocation and the waiting periods for each offense vary but generally increase with the seriousness of the offense and the number of prior OWI offenses the person has committed. In addition to the administrative suspension for failing a test and the administrative revocation for refusing a test, when a person is convicted of an OWI offense, the convicting court orders the person's operating privilege be revoked. The length of time for a court-ordered revocation increases with each subsequent OWI offense, as does the waiting period before the person may apply for an occupational license. In general, a person who commits a first OWI offense may apply for an occupational license immediately, and a person with prior OWI offenses may apply after 45 days, unless he or she has committed two or more OWI offenses within five years, in which case the person must wait 12 months before he or she may apply for an occupational license. Under current law, a court must order a person's motor vehicle operating privilege be restricted to operating vehicles that are equipped with an ignition interlock device (IID) when a person is convicted of a second or subsequent OWI offense or a first OWI offense while his or her alcohol concentration is 0.15 or greater, refuses to take a test for intoxication, or injures or kills a person while operating a vehicle while intoxicated. Under current law, the operating privilege restriction stays in place for not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation. A person who violates a court order to install an IID by failing to install, removing, disconnecting, or otherwise tampering with the IID may be fined not less than $150 nor more than $600, imprisoned for not more than six months, or both, for the first offense and may be fined not less than $300 nor more than $1,000, or imprisoned for not more than six months, or both, for a second or subsequent offense. This bill creates a license called an ignition interlock restricted license. Under the bill, an IIRL permits a person to operate a motor vehicle only if the motor vehicle is equipped with an IID. An IIRL does not impose any geographic limitations, and the person may operate the vehicle for any purpose. Under the bill, a person who commits a first OWI offense while his or her alcohol concentration is below 0.15 (first offender) and a person who either fails a chemical test or refuses a test has the option of applying for an occupational license or an IIRL. A first offender may be eligible for an IIRL at any time, but if he or she opts for an occupational license, he or she is not eligible to receive that license until 45 days have passed from the time of the conviction. A person who fails a chemical test and whose operating privilege is administratively suspended may be eligible for an IIRL immediately, if he or she waives his or her right to an administrative hearing on the propriety of the test, and may be eligible for an occupational license 45 days after his or her arrest. If the LRB-0008/1 EVM:wlj 2023 - 2024 Legislature SENATE BILL 150 person requests an administrative hearing and he or she does not prevail at the hearing, he or she may be eligible for an IIRL 15 days after the hearing. Under the bill, a person whose operating privilege is administratively revoked for improperly refusing a test may be eligible for an IIRL after 30 days and, depending on whether the person has prior OWI convictions or offenses, may be eligible for an occupational license after a waiting period ranging from 45 days for a first offender to 120 days for a person with more than three OWI convictions or offenses. Under the bill, except for a first offender, anyone who is convicted of or found to have committed an OWI offense is not eligible for an occupational license but may operate a vehicle only under an IIRL. If a person who was eligible for either an occupational license or an IIRL before he or she was convicted of the offense had opted for an IIRL, the person gets credit for the number of days he or she was licensed under the IIRL. Under the bill, the IIRL is in effect for at least one year and remains in effect until any applicable license revocation or operating privilege restriction for the OWI expires. Under the bill, in order to obtain an IIRL, the person must demonstrate to DOT that any applicable waiting period has passed, that the person has equipped one or more of his or her vehicles with a functioning IID that is approved by DOT, that the person has complied or is complying with any court-ordered assessment and driver safety plan, and that he or she has paid the required fee to DOT. Under the bill, a person who operates a vehicle that is not equipped with an IID, in violation of his or her restricted operating privilege, may be fined not less than $500 nor more than $1,200, or imprisoned for not more than six months, or both, for the first offense. For a second or subsequent conviction, the person may be fined not less than $600 nor more than $2,000, or imprisoned for not more than six months, or both. In addition, the person's operating privilege is restricted for an additional six months for each violation. Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

Committee Categories

André Jacque (R)*,  Robert Donovan (R),  Dave Murphy (R),  Donna Rozar (R),  Ron Tusler (R), 

Failed to pass pursuant to Senate Joint Resolution 1 (on 04/15/2024)

Official Document