Bill Text: MN SF1082 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Drivers license revocation for driving while impaired (DWI) convictions provisions clarification and conformance; criminal vehicular operation law violators penalties modifications
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2011-05-09 - Second reading [SF1082 Detail]
Download: Minnesota-2011-SF1082-Engrossed.html
1.2relating to public safety; clarifying and conforming provisions regarding driver's
1.3license revocation periods for DWI convictions; expanding the ignition interlock
1.4device program to include certain violators of the criminal vehicular operation
1.5law; reducing the hard revocation period applicable to a limited license for
1.6certain violators of the criminal vehicular operation law;amending Minnesota
1.7Statutes 2010, sections 169A.54, subdivisions 1, 6; 171.30, subdivisions 1, 2,
1.82a; 171.306, subdivisions 1, 4; repealing Minnesota Statutes 2010, section
1.9169A.54, subdivision 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to
1.12read:
1.13 Subdivision 1. Revocation periods for DWI convictions. Except as provided in
1.14subdivision 7, the commissioner shall revoke the driver's license of a person convicted
1.15of violating section169A.20 (driving while impaired) or an ordinance in conformity
1.16with it, as follows:
1.17 (1) not less than 30 days for an offense under section169A.20, subdivision 1
1.18(driving while impaired crime), not less than 30 days;
1.19 (2) not less than 90 days for an offense under section169A.20, subdivision 2 (refusal
1.20to submit to chemical test crime), not less than 90 days;
1.21 (3) not less than one year for:
1.22(i) an offense occurring within ten years of a qualified prior impaired driving
1.23incident, or;
1.24(ii) an offense occurring after two qualified prior impaired driving incidents, not
1.25less than one year,; or if
2.1(iii) an offense occurring when a person has an alcohol concentration of twice the
2.2legal limit or more as measured at the time, or within two hours of the time, of the offense
2.3and the person has no qualified prior impaired driving incident within ten years;
2.4(4) not less than two years for an offense occurring under clause (3), item (i) or (ii),
2.5and the test results indicate an alcohol concentration of twice the legal limit or more,
2.6not less than two years and until the court has certified that treatment or rehabilitation
2.7has been successfully completed where prescribed in accordance with section169A.70
2.8(chemical use assessments);
2.9(4) (5) not less than three years for an offense occurring within ten years of the
2.10first of two qualified prior impaired driving incidents or occurring after three qualified
2.11prior impaired driving incidents, not less than three years, together and with denial under
2.12section171.04, subdivision 1 , clause (10), until rehabilitation is established according to
2.13standards established by the commissioner; and
2.14(5) (6) not less than four years for an offense occurring within ten years of the first of
2.15three qualified prior impaired driving incidents, not less than four years, together and with
2.16denial under section171.04, subdivision 1 , clause (10), until rehabilitation is established
2.17according to standards established by the commissioner; or
2.18(6) (7) not less than six years for an offense occurring after four or more qualified
2.19prior impaired driving incidents, not less than six years, together and with denial under
2.20section171.04 , subdivision 1, clause (10), until rehabilitation is established according to
2.21standards established by the commissioner.
2.22EFFECTIVE DATE.This section is effective July 1, 2011.
2.23 Sec. 2. Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:
2.24 Subd. 6. Applicability of implied consent revocation. (a) Any person whose
2.25license has been revoked pursuant to section169A.52 (license revocation for test failure
2.26or refusal) as the result of the same incident, and who does not have a qualified prior
2.27impaired driving incident, is subject to the mandatory revocation provisions of subdivision
2.281, clause (1) or (2), in lieu of the mandatory revocation provisions of section169A.52 .
2.29(b) Paragraph (a) does not apply to:
2.30(1) a person whose license has been revoked under subdivision 2 (driving while
2.31impaired by person under age 21); or
2.32(2) a person whose driver's license has been revoked for, or who is charged with,
2.33(i) an alcohol concentration of twice the legal limit or more as measured at the time, or
2.34within two hours, of the time of the offense; or (ii) a violation of section169A.20 (driving
3.1while impaired) with an aggravating factor described in section169A.03, subdivision
3.23 , clause (2) or (3).
3.3EFFECTIVE DATE.This section is effective July 1, 2011.
3.4 Sec. 3. Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:
3.5 Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
3.6license to the driver under the conditions in paragraph (b) in any case where a person's
3.7license has been:
3.8(1) suspended under section171.18 ,
171.173 , or
171.186 ;
3.9(2) revoked, canceled, or denied under section:
3.10(i)169.792 ;
3.11(ii)169.797 ;
3.12(iii)169A.52 :
3.13(A) subdivision 3, paragraph (a), clause (1) or (2);
3.14(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
3.15171.306
;
3.16(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
3.17alcohol concentration of less than twice the legal limit;
3.18(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
3.19171.306
;
3.20(iv)171.17 ; or
3.21(v)171.172 ; or
3.22(3) revoked, canceled, or denied under section 169A.54:
3.23(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
3.24of less than twice the legal limit;
3.25(ii) subdivision 1, clause (2);
3.26(iii) subdivision 1, clause(4), (5), or (6), or (7), if in compliance with section
3.27171.306
; or
3.28(iv) subdivision 2, if the person does not have a qualified prior impaired driving
3.29incident as defined in section169A.03, subdivision 22 , on the person's record, and the test
3.30results indicate an alcohol concentration of less than twice the legal limit.
3.31(b) The following conditions for a limited license under paragraph (a) include:
3.32(1) if the driver's livelihood or attendance at a chemical dependency treatment or
3.33counseling program depends upon the use of the driver's license;
4.1(2) if the use of a driver's license by a homemaker is necessary to prevent the
4.2substantial disruption of the education, medical, or nutritional needs of the family of
4.3the homemaker; or
4.4(3) if attendance at a postsecondary institution of education by an enrolled student of
4.5that institution depends upon the use of the driver's license.
4.6(c) The commissioner in issuing a limited license may impose such conditions and
4.7limitations as in the commissioner's judgment are necessary to the interests of the public
4.8safety and welfare including reexamination as to the driver's qualifications. The license
4.9may be limited to the operation of particular vehicles, to particular classes and times of
4.10operation, and to particular conditions of traffic. The commissioner may require that an
4.11applicant for a limited license affirmatively demonstrate that use of public transportation
4.12or carpooling as an alternative to a limited license would be a significant hardship.
4.13(d) For purposes of this subdivision:
4.14(1) "homemaker" refers to the person primarily performing the domestic tasks in a
4.15household of residents consisting of at least the person and the person's dependent child
4.16or other dependents; and
4.17(2) "twice the legal limit" means an alcohol concentration of two times the limit
4.18specified in section169A.20, subdivision 1 , clause (5).
4.19(e) The limited license issued by the commissioner shall clearly indicate the
4.20limitations imposed and the driver operating under the limited license shall have the
4.21license in possession at all times when operating as a driver.
4.22(f) In determining whether to issue a limited license, the commissioner shall consider
4.23the number and the seriousness of prior convictions and the entire driving record of the
4.24driver and shall consider the number of miles driven by the driver annually.
4.25(g) If the person's driver's license or permit to drive has been revoked under
4.26section169.792 or
169.797 , the commissioner may only issue a limited license to the
4.27person after the person has presented an insurance identification card, policy, or written
4.28statement indicating that the driver or owner has insurance coverage satisfactory to
4.29the commissioner of public safety. The commissioner of public safety may require
4.30the insurance identification card provided to satisfy this subdivision be certified by the
4.31insurance company to be noncancelable for a period not to exceed 12 months.
4.32(h) The limited license issued by the commissioner to a person under section
4.33171.186, subdivision 4
, must expire 90 days after the date it is issued. The commissioner
4.34must not issue a limited license to a person who previously has been issued a limited
4.35license under section171.186, subdivision 4 .
5.1(i) The commissioner shall not issue a limited driver's license to any person
5.2described in section171.04, subdivision 1 , clause (6), (7), (8), (11), or (14).
5.3(j) The commissioner shall not issue a class A, class B, or class C limited license.
5.4EFFECTIVE DATE.This section is effective July 1, 2011.
5.5 Sec. 4. Minnesota Statutes 2010, section 171.30, subdivision 2, is amended to read:
5.6 Subd. 2. 60-day waiting period. A limited license shall not be issued for a period
5.7of 60 days to an individual whose license or privilege has been revoked or suspended
5.8for commission of the following offenses:
5.9(1) any felony in the commission of which a motor vehicle was used;or
5.10(2) failure to stop and disclose identity as required under section169.09 , in the event
5.11of a motor vehicle accident resulting in the death or personal injury of another; or
5.12(3) criminal vehicular operation under section 609.21, subdivision 1, clause (1), (2),
5.13item (ii) or (iii), (5), (6), (7), or (8), resulting in bodily harm or substantial bodily harm
5.14to another.
5.15EFFECTIVE DATE.This section is effective July 1, 2011.
5.16 Sec. 5. Minnesota Statutes 2010, section 171.30, subdivision 2a, is amended to read:
5.17 Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license
5.18shall not be issued for a period of:
5.19(1) 15 days, to a person whose license or privilege has been revoked or suspended
5.20for a first violation of section169A.20 , sections
169A.50 to
169A.53 , or a statute or
5.21ordinance from another state in conformity with either of those sections; or
5.22(2) one year, to a person whose license or privilege has been revoked or suspended
5.23for: (i) committing manslaughter resulting from the operation of a motor vehicle,; (ii)
5.24committing criminal vehicular homicide or injury under section609.21 , resulting in great
5.25bodily harm or death to another; or (iii) violating a statute or ordinance from another state
5.26in conformity with either of those offenses.
5.27EFFECTIVE DATE.This section is effective July 1, 2011.
5.28 Sec. 6. Minnesota Statutes 2010, section 171.306, subdivision 1, is amended to read:
5.29 Subdivision 1. Definitions. (a) As used in this section, the terms in this subdivision
5.30have the meanings given them.
5.31(b) "Ignition interlock device" or "device" means equipment that is designed to
5.32measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
6.1started by a person whose breath alcohol concentration measures 0.02 or higher on the
6.2equipment.
6.3(c) "Program participant" means a person whose driver's license has been revoked,
6.4canceled, or denied under section169A.52 ,;
169A.54 , or;
171.04, subdivision 1 , clause
6.5(10),; or section 171.17, subdivision 1, paragraph (a), clause (1), based on a violation of
6.6section 609.21, subdivision 1, clause (2), item (i), (3), or (4), resulting in bodily harm or
6.7substantial bodily harm to another; and who has qualified to take part in the ignition
6.8interlock program under this section.
6.9(d) "Qualified prior impaired driving incident" has the meaning given in section
6.10169A.03, subdivision 22
.
6.11 Sec. 7. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:
6.12 Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
6.13D driver's license, subject to the applicable limitations and restrictions of this section,
6.14to a program participant who meets the requirements of this section and the program
6.15guidelines. The commissioner shall not issue a license unless the program participant has
6.16provided satisfactory proof that:
6.17(1) a certified ignition interlock device has been installed on the participant's motor
6.18vehicle at an installation service center designated by the device's manufacturer; and
6.19(2) the participant has insurance coverage on the vehicle equipped with the ignition
6.20interlock device. The commissioner shall require the participant to present an insurance
6.21identification card, policy, or written statement as proof of insurance coverage, and may
6.22require the insurance identification card provided be certified by the insurance company to
6.23be noncancelable for a period not to exceed 12 months.
6.24(b) A license issued under authority of this section must contain a restriction
6.25prohibiting the program participant from driving, operating, or being in physical control of
6.26any motor vehicle not equipped with a functioning ignition interlock device certified by
6.27the commissioner. A participant may drive an employer-owned vehicle not equipped with
6.28an interlock device while in the normal course and scope of employment duties pursuant
6.29to the program guidelines established by the commissioner and with the employer's
6.30written consent.
6.31(c) A program participant whose driver's license has been revoked under section
6.32169A.52, subdivision 3
, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
6.33(a), clause (1), (2), or (3), or section169A.54, subdivision 1 , clause (1), (2), or (3), or (4),
6.34may apply for conditional reinstatement of the driver's license, subject to the ignition
6.35interlock restriction.
7.1(d) A program participant whose driver's license has been revoked, canceled, or
7.2denied under section169A.52, subdivision 3 , paragraph (a), clause (4), (5), or (6), or
7.3subdivision 4, paragraph (a), clause (4), (5), or (6), or; section
169A.54, subdivision 1 ,
7.4clause(4), (5), or (6), or (7); or section 171.17, subdivision 1, paragraph (a), clause (1),
7.5based on a violation of section 609.21, subdivision 1, clause (2), item (i), (3), or (4),
7.6resulting in bodily harm or substantial bodily harm to another, may apply for a limited
7.7license, subject to the ignition interlock restriction, if the program participant is enrolled in
7.8a licensed chemical dependency treatment or rehabilitation program as recommended in a
7.9chemical use assessment, and if the participant meets the other applicable requirements
7.10of section171.30 . After completing a licensed chemical dependency treatment or
7.11rehabilitation program and one year of limited license use without violating the ignition
7.12interlock restriction, the conditions of limited license use, or program guidelines, the
7.13participant may apply for conditional reinstatement of the driver's license, subject to
7.14the ignition interlock restriction. If the program participant's ignition interlock device
7.15subsequently registers a positive breath alcohol concentration of 0.02 or higher, the
7.16commissioner shall cancel the driver's license, and the program participant may apply for
7.17another limited license according to this paragraph.
7.18(e) Notwithstanding any statute or rule to the contrary, the commissioner has
7.19authority to determine when a program participant is eligible for restoration of full driving
7.20privileges, except that the commissioner shall not reinstate full driving privileges until the
7.21program participant has met all applicable prerequisites for reinstatement under section
7.22169A.55
and until the program participant's device has registered no positive breath
7.23alcohol concentrations of 0.02 or higher during the preceding 90 days.
7.24EFFECTIVE DATE.This section is effective July 1, 2011.
7.25 Sec. 8. REPEALER.
7.26Minnesota Statutes 2010, section 169A.54, subdivision 5, is repealed.
7.27EFFECTIVE DATE.This section is effective July 1, 2011.
1.3license revocation periods for DWI convictions; expanding the ignition interlock
1.4device program to include certain violators of the criminal vehicular operation
1.5law; reducing the hard revocation period applicable to a limited license for
1.6certain violators of the criminal vehicular operation law;amending Minnesota
1.7Statutes 2010, sections 169A.54, subdivisions 1, 6; 171.30, subdivisions 1, 2,
1.82a; 171.306, subdivisions 1, 4; repealing Minnesota Statutes 2010, section
1.9169A.54, subdivision 5.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to
1.12read:
1.13 Subdivision 1. Revocation periods for DWI convictions. Except as provided in
1.14subdivision 7, the commissioner shall revoke the driver's license of a person convicted
1.15of violating section
1.16with it, as follows:
1.17 (1) not less than 30 days for an offense under section
1.18(driving while impaired crime)
1.19 (2) not less than 90 days for an offense under section
1.20to submit to chemical test crime)
1.21 (3) not less than one year for:
1.22(i) an offense occurring within ten years of a qualified prior impaired driving
1.23incident
1.24(ii) an offense occurring after two qualified prior impaired driving incidents
1.25
2.1(iii) an offense occurring when a person has an alcohol concentration of twice the
2.2legal limit or more as measured at the time, or within two hours of the time, of the offense
2.3and the person has no qualified prior impaired driving incident within ten years;
2.4(4) not less than two years for an offense occurring under clause (3), item (i) or (ii),
2.5and the test results indicate an alcohol concentration of twice the legal limit or more,
2.6
2.7has been successfully completed where prescribed in accordance with section
2.8(chemical use assessments);
2.9
2.10first of two qualified prior impaired driving incidents or occurring after three qualified
2.11prior impaired driving incidents
2.12section
2.13standards established by the commissioner; and
2.14
2.15three qualified prior impaired driving incidents
2.16denial under section
2.17according to standards established by the commissioner; or
2.18
2.19prior impaired driving incidents
2.20section
2.21standards established by the commissioner.
2.22EFFECTIVE DATE.This section is effective July 1, 2011.
2.23 Sec. 2. Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read:
2.24 Subd. 6. Applicability of implied consent revocation. (a) Any person whose
2.25license has been revoked pursuant to section
2.26or refusal) as the result of the same incident, and who does not have a qualified prior
2.27impaired driving incident, is subject to the mandatory revocation provisions of subdivision
2.281, clause (1) or (2), in lieu of the mandatory revocation provisions of section
2.29(b) Paragraph (a) does not apply to:
2.30(1) a person whose license has been revoked under subdivision 2 (driving while
2.31impaired by person under age 21); or
2.32(2) a person whose driver's license has been revoked for, or who is charged with
2.33(i) an alcohol concentration of twice the legal limit or more as measured at the time, or
2.34within two hours, of the time of the offense; or (ii) a violation of section
3.1while impaired) with an aggravating factor described in section
3.23
3.3EFFECTIVE DATE.This section is effective July 1, 2011.
3.4 Sec. 3. Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read:
3.5 Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited
3.6license to the driver under the conditions in paragraph (b) in any case where a person's
3.7license has been:
3.8(1) suspended under section
3.9(2) revoked, canceled, or denied under section:
3.10(i)
3.11(ii)
3.12(iii)
3.13(A) subdivision 3, paragraph (a), clause (1) or (2);
3.14(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
3.16(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
3.17alcohol concentration of less than twice the legal limit;
3.18(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
3.20(iv)
3.21(v)
3.22(3) revoked, canceled, or denied under section 169A.54:
3.23(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration
3.24of less than twice the legal limit;
3.25(ii) subdivision 1, clause (2);
3.26(iii) subdivision 1, clause
3.28(iv) subdivision 2, if the person does not have a qualified prior impaired driving
3.29incident as defined in section
3.30results indicate an alcohol concentration of less than twice the legal limit.
3.31(b) The following conditions for a limited license under paragraph (a) include:
3.32(1) if the driver's livelihood or attendance at a chemical dependency treatment or
3.33counseling program depends upon the use of the driver's license;
4.1(2) if the use of a driver's license by a homemaker is necessary to prevent the
4.2substantial disruption of the education, medical, or nutritional needs of the family of
4.3the homemaker; or
4.4(3) if attendance at a postsecondary institution of education by an enrolled student of
4.5that institution depends upon the use of the driver's license.
4.6(c) The commissioner in issuing a limited license may impose such conditions and
4.7limitations as in the commissioner's judgment are necessary to the interests of the public
4.8safety and welfare including reexamination as to the driver's qualifications. The license
4.9may be limited to the operation of particular vehicles, to particular classes and times of
4.10operation, and to particular conditions of traffic. The commissioner may require that an
4.11applicant for a limited license affirmatively demonstrate that use of public transportation
4.12or carpooling as an alternative to a limited license would be a significant hardship.
4.13(d) For purposes of this subdivision:
4.14(1) "homemaker" refers to the person primarily performing the domestic tasks in a
4.15household of residents consisting of at least the person and the person's dependent child
4.16or other dependents; and
4.17(2) "twice the legal limit" means an alcohol concentration of two times the limit
4.18specified in section
4.19(e) The limited license issued by the commissioner shall clearly indicate the
4.20limitations imposed and the driver operating under the limited license shall have the
4.21license in possession at all times when operating as a driver.
4.22(f) In determining whether to issue a limited license, the commissioner shall consider
4.23the number and the seriousness of prior convictions and the entire driving record of the
4.24driver and shall consider the number of miles driven by the driver annually.
4.25(g) If the person's driver's license or permit to drive has been revoked under
4.26section
4.27person after the person has presented an insurance identification card, policy, or written
4.28statement indicating that the driver or owner has insurance coverage satisfactory to
4.29the commissioner of public safety. The commissioner of public safety may require
4.30the insurance identification card provided to satisfy this subdivision be certified by the
4.31insurance company to be noncancelable for a period not to exceed 12 months.
4.32(h) The limited license issued by the commissioner to a person under section
4.34must not issue a limited license to a person who previously has been issued a limited
4.35license under section
5.1(i) The commissioner shall not issue a limited driver's license to any person
5.2described in section
5.3(j) The commissioner shall not issue a class A, class B, or class C limited license.
5.4EFFECTIVE DATE.This section is effective July 1, 2011.
5.5 Sec. 4. Minnesota Statutes 2010, section 171.30, subdivision 2, is amended to read:
5.6 Subd. 2. 60-day waiting period. A limited license shall not be issued for a period
5.7of 60 days to an individual whose license or privilege has been revoked or suspended
5.8for commission of the following offenses:
5.9(1) any felony in the commission of which a motor vehicle was used;
5.10(2) failure to stop and disclose identity as required under section
5.11of a motor vehicle accident resulting in the death or personal injury of another; or
5.12(3) criminal vehicular operation under section 609.21, subdivision 1, clause (1), (2),
5.13item (ii) or (iii), (5), (6), (7), or (8), resulting in bodily harm or substantial bodily harm
5.14to another.
5.15EFFECTIVE DATE.This section is effective July 1, 2011.
5.16 Sec. 5. Minnesota Statutes 2010, section 171.30, subdivision 2a, is amended to read:
5.17 Subd. 2a. Other waiting periods. Notwithstanding subdivision 2, a limited license
5.18shall not be issued for a period of:
5.19(1) 15 days, to a person whose license or privilege has been revoked or suspended
5.20for a first violation of section
5.21ordinance from another state in conformity with either of those sections; or
5.22(2) one year, to a person whose license or privilege has been revoked or suspended
5.23for: (i) committing manslaughter resulting from the operation of a motor vehicle
5.24committing criminal vehicular homicide or injury under section
5.25bodily harm or death to another; or (iii) violating a statute or ordinance from another state
5.26in conformity with either of those offenses.
5.27EFFECTIVE DATE.This section is effective July 1, 2011.
5.28 Sec. 6. Minnesota Statutes 2010, section 171.306, subdivision 1, is amended to read:
5.29 Subdivision 1. Definitions. (a) As used in this section, the terms in this subdivision
5.30have the meanings given them.
5.31(b) "Ignition interlock device" or "device" means equipment that is designed to
5.32measure breath alcohol concentration and to prevent a motor vehicle's ignition from being
6.1started by a person whose breath alcohol concentration measures 0.02 or higher on the
6.2equipment.
6.3(c) "Program participant" means a person whose driver's license has been revoked,
6.4canceled, or denied under section
6.5(10)
6.6section 609.21, subdivision 1, clause (2), item (i), (3), or (4), resulting in bodily harm or
6.7substantial bodily harm to another; and who has qualified to take part in the ignition
6.8interlock program under this section.
6.9(d) "Qualified prior impaired driving incident" has the meaning given in section
6.11 Sec. 7. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read:
6.12 Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class
6.13D driver's license, subject to the applicable limitations and restrictions of this section,
6.14to a program participant who meets the requirements of this section and the program
6.15guidelines. The commissioner shall not issue a license unless the program participant has
6.16provided satisfactory proof that:
6.17(1) a certified ignition interlock device has been installed on the participant's motor
6.18vehicle at an installation service center designated by the device's manufacturer; and
6.19(2) the participant has insurance coverage on the vehicle equipped with the ignition
6.20interlock device. The commissioner shall require the participant to present an insurance
6.21identification card, policy, or written statement as proof of insurance coverage, and may
6.22require the insurance identification card provided be certified by the insurance company to
6.23be noncancelable for a period not to exceed 12 months.
6.24(b) A license issued under authority of this section must contain a restriction
6.25prohibiting the program participant from driving, operating, or being in physical control of
6.26any motor vehicle not equipped with a functioning ignition interlock device certified by
6.27the commissioner. A participant may drive an employer-owned vehicle not equipped with
6.28an interlock device while in the normal course and scope of employment duties pursuant
6.29to the program guidelines established by the commissioner and with the employer's
6.30written consent.
6.31(c) A program participant whose driver's license has been revoked under section
6.33(a), clause (1), (2), or (3), or section
6.34may apply for conditional reinstatement of the driver's license, subject to the ignition
6.35interlock restriction.
7.1(d) A program participant whose driver's license has been revoked, canceled, or
7.2denied under section
7.3subdivision 4, paragraph (a), clause (4), (5), or (6)
7.4clause
7.5based on a violation of section 609.21, subdivision 1, clause (2), item (i), (3), or (4),
7.6resulting in bodily harm or substantial bodily harm to another, may apply for a limited
7.7license, subject to the ignition interlock restriction, if the program participant is enrolled in
7.8a licensed chemical dependency treatment or rehabilitation program as recommended in a
7.9chemical use assessment, and if the participant meets the other applicable requirements
7.10of section
7.11rehabilitation program and one year of limited license use without violating the ignition
7.12interlock restriction, the conditions of limited license use, or program guidelines, the
7.13participant may apply for conditional reinstatement of the driver's license, subject to
7.14the ignition interlock restriction. If the program participant's ignition interlock device
7.15subsequently registers a positive breath alcohol concentration of 0.02 or higher, the
7.16commissioner shall cancel the driver's license, and the program participant may apply for
7.17another limited license according to this paragraph.
7.18(e) Notwithstanding any statute or rule to the contrary, the commissioner has
7.19authority to determine when a program participant is eligible for restoration of full driving
7.20privileges, except that the commissioner shall not reinstate full driving privileges until the
7.21program participant has met all applicable prerequisites for reinstatement under section
7.23alcohol concentrations of 0.02 or higher during the preceding 90 days.
7.24EFFECTIVE DATE.This section is effective July 1, 2011.
7.25 Sec. 8. REPEALER.
7.26Minnesota Statutes 2010, section 169A.54, subdivision 5, is repealed.
7.27EFFECTIVE DATE.This section is effective July 1, 2011.
