AN ACT RELATING TO MOTOR VEHICLE OFFENSES – DUI Search Warrants Serious Injury/Death
S-2068 Polisena
H-7841 Ginaitt

This act would allow a peace officer to request a search warrant that would allow the taking of blood, breath, or urine or perform a chemical test if probable cause exists to believe that the individual has been driving under the influence of intoxicating liquor or narcotics and the individual has refused to consent to a chemical test when asked by the officer.

AN ACT RELATING TO MOTOR VEHICLES - DUI Refusals
S-2072 Polisena
H-6922 Ginaitt

This legislation would increase the penalties for those drivers who refuse to take a breathalyzer test. The legislation would criminalize a second and subsequent refusal to submit to the test. We are proud to jointly sponsor this legislation, which will enhance the penalty for DUI Breathalyzer-refusal cases. Under this bill, a first-time offender will face a significantly stiffer punishment than our law currently permits: as opposed to a 3-month loss of license, a license suspension of 9 to 12 months; an increased fine of between $500 and $1,000, as opposed to the current fine of $200 to $500; and, at the judge’s discretion, a requirement to attend DUI-related driver education classes.

A second offense occurring within 5 years of the first triggers the charging of a crime, as opposed to a civil violation. A second-time offender, if convicted, will be rendered guilty of a misdemeanor; lose the privilege to drive from 1 to 2 years; be required to perform 10 to 60 hours of community service; pay a fine of between $600 and $1,000; and be required to undergo an alcohol- or drug-related treatment program.

For a third or any subsequent offense within 5 years, the driver, if convicted, will be rendered guilty of a misdemeanor; have his or her license revoked; be required to perform between 10 and 60 hours of community service; pay a fine of $800 to $1,000; and have to undergo treatment in an alcohol or drug rehabilitation program.