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HB 0414 - DUI Alcohol or Drug Use Risk Reduction Program; direct offender to complete

Tracking Level: Monitor
Sponsor: Floyd,Johnny 147th
Last Action: 4/20/2007 - House Withdrawn, Recommitted
House Committee: JudyNC
Assigned To:
06. State CourtsNext Bill
10. Municipal CourtsNext Bill
Traffic LawNext Bill

Staff Analysis of the Legislation

Amend Title 40.  Relating to motor vehicles so as to direct certain offenders to complete the DUI Alcohol or Drug Use Risk Reduction Program within certain time frames and to provide that offenders may complete a drug court division program in lieu of a DUI Alcohol or Drug Use Risk Reduction Program for purposes of certain punishments for repeat DUI offenses and for the purposes of license reinstatement, issuance, or restoration.  Relating to driving under the influence: before or within 120 days of conviction or release from incarceration the offender must complete a DUI Alcohol or Drug Use Risk Reduction Program approved by DDS.  For second conviction within five years: completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the DDS or enrollment and compliance for a period of six months in a drug court division program.  The sponsor of a DUI Alcohol or Drug Use Risk Program shall provide written notice of such approval.  Clinical evaluation may be waived if the offender has completed a drug court division program with included treatment.  For the third or subsequent conviction within five years the offender must complete a DUI Alcohol or Drug Use Risk Reduction Program approved by the DDS or enroll and comply for a period of six months in a drug court division program.  

 

Relating to probationary licenses for habitual violators: such person has successfully completed, prior to the issuance of the probationary driver�s license, a defensive driving course, enrollment and compliance with a drug court division program, or a DUI Alcohol or Drug Use Risk Reduction Program.  DDS shall not issue a new license to any person whose license was revoked as a habitual violator for three violations within five years unless and until such person submits proof of completion of an approved DUI alcohol or Drug Use Risk Reduction Program or enrollment and compliance with a drug court division program.  A person convicted of a 40-5-54 violation for the second time within five years shall have their license reinstated upon proof of completion of a DUI Alcohol or Drug Use Risk Reduction program or enrollment and compliance for a period of six months in a drug court division program.  If a person�s license was suspended due to a 40-5-67.1 violation, such person�s license shall be reinstated is such person submits proof of completion of a DUI alcohol or Drug Use Risk Reduction Program or enrollment and compliance for a period of six months in a drug court division program.  A person who is convicted of a 40-5-75 violation shall, upon the second conviction within five years, shall have their license suspended for three years, provided that after one year the person may apply for reinstatement by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or enrollment and compliance for six months in a drug court program.  Application for reinstatement must be accompanied by proof of completion of a DUI Alcohol or Drug Use risk Reduction Program or enrollment and compliance for a period of six moths in a drug court program.  Offenders ordered to use interlock devices shall complete DUI Alcohol or Drug Use Risk Reduction Program or drug court program.


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