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June, 2009 DUI Laws Update
DUI Laws Enacted in 2009Arkansas | California | Delaware | Hawaii | Idaho | Kansas | Maryland | Maine Minnesota | Montana | North Dakota | Nebraska | New Mexico | Nevada New York | Oklahoma | Oregon | Tennessee | Texas | Utah | Virginia | Vermont
2009 Arkansas DUI LawsRequires persons convicted of driving while intoxicated to attend a victim impact panel sponsored by an organization that provides state-wide services to victims of drunk driving, provides the organization may charge a program fee and shall provide proof of attendance and completion to the person required to attend. Concerns DWI ignition interlock devices and related restricted driver's licenses. Provides that persons arrested for a first offense DWI are not entitled to a restricted permit but are allowed an ignition interlock restricted license, increases suspension time for a first offense DWI, reduces ineligibility time for an ignition interlock restricted license for certain DWI offenses. Amends the omnibus DWI act, provides that a person arrested for operating or being in actual physical control of a motor vehicle while intoxicated by a controlled substance or a person who refuses to submit to a chemical test is ineligible for an ignition interlock restricted driving permit. Amends the statute requiring a chemical test of the blood, breath, or urine of the driver involved in an accident in which death has occurred or is likely to occur, provides that the presence of certain controlled substances in a person's body is a violation of the omnibus DWI act or the underage DUI law. 2009 California DUI LawRequires ignition interlock device manufacturers to provide certain information to the Department of Motor Vehicles. Requires the department to establish a pilot program in the Counties of Alameda, Los Angeles, Sacramento and Tulare that requires, as a condition of being issued a restricted driver's license, a driver's license, or having the privilege to operate a motor vehicle reinstated, a person to install an ignition interlock device on all vehicles they own or operate and to participate in an alcohol and drug assessment program and pay a fee. 2009 Delaware DUI LawIncreases fines for Driving Under the Influence offenses, which have not been increased in a number of years. This bill would also create additional fines and penalties for a conviction of a fifth, sixth or seventh DUI offense. Strengthens penalties for first time DUI offenders with a BAC of .15 or higher, Increases license revocation from three to six months and mandates the use of IID for six months for those individuals with a BAC of .15 and above. Read the 2009 Changes in the Delaware DUI Laws 2009 Hawaii DUI Law - TopHawaii House Bill 981 (Large Download) Makes amendments to Act 171, Session Laws of 2008, reflecting recommendations of the Ignition Interlock Implementation Task Force, provides for an installation surcharge to be remitted to the director of transportation and used to fund the cost of installing and operating ignition interlock devices in the vehicles of persons who are required to install the device but who are indigent. 2009 Idaho DUI Law - TopRelates to driving under the influence, provides that certain offenders enrolled in drug court shall be eligible for restricted noncommercial driving privileges under certain conditions, revises penalties relating to driving under the influence of alcohol, drugs or other intoxicating substances, makes technical corrections. 2009 Kansas DUI Law - TopConcerns driving, creates the State DUI Commission, creates the Correctional Services Special Revenue Fund, relates to driver improvement clinics, provides for disposition of certain moneys, relates to penalties for driving under the influence of alcohol or drugs, relates to information contained in and sent to the State Bureau of Investigation Central Repository regarding DUI convictions and prosecution. Relates to terms of imprisonment for a DUI conviction and graduated penalties. 2009 Maryland DUI Laws - TopRequires the Motor Vehicle Administration to suspend the driver's license of a person who has been convicted of drunk and drugged driving offenses within a specified time period after a previous conviction for specified drunk and drugged driving offenses, provides for a restricted license upon request to a person who participates in the Administration's Ignition Interlock System Program. Establishes penalties for a violation of a driver's license alcohol restriction imposed by the Motor Vehicle Administration. 2009 DUI Laws in Maine - TopCorrects the inconsistency in the minimum periods of license suspension for repeat operating under the influence offenders, clarifies provisions concerning ignition interlock devices and license suspension. Concerns operating while under the influence of alcohol provisions that specify a blood-alcohol level, clarifies that the presence and level of alcohol may be determined by using breath or blood testing. 2009 Minnesota DUI Law - TopRelates to public safety, expands the current DWI ignition interlock device pilot program by two years and applies it statewide. 2009 Montana DUI Law - TopRevises provisions relating to court-ordered ignition interlock devices. 2009 North Dakota DUI Laws - TopConcerns mailing of reports and notice forms for driving under the influence, relates to residents and nonresidents. When the driver of a vehicle is involved in an accident resulting in the serious bodily injury of another person, and there is probable cause to believe that the driver is in violation of impaired driving laws, a law enforcement officer may compel the driver to submit to a test or tests of the driver's blood, breath, or urine to determine the alcohol concentration or the presence of other drugs or substances. Relates to the suspension of drivers' licenses for subsequent violations of driving under the influence of alcohol. Provides a class A misdemeanor punishment for a conviction for causing serious bodily injury while operating a motor vehicle under the influence of alcohol or drugs, includes mandatory imprisonment if the person was an adult at the time. 2009 Nebraska DUI Law - TopChanges ignition interlock device provisions and penalties, transfers funds in the Ignition Interlock Device Fund to the Probation Cash Fund, changes provisions relating to employment driving permits and ignition interlock devices, provides for the payment of installation, removal, or maintenance costs of such devices for certain persons, provides that a vehicle with an ignition interlock device may only be used for certain trips, provides criminal penalties. 2009 New Mexico DUI Law - TopRelates to revocation of a drivers license for a conviction of driving under the influence of intoxicating liquor or drugs, requires a minimum period of driving with an ignition interlock device before reinstatement of a driver's license. 2009 Nevada DUI Laws - TopRevises the provisions governing the period of revocation of a driver's license upon conviction of a subsequent offense of driving under the influence. Requires an offender who is convicted of an offense relating to driving under the influence to attend a live meeting of a panel of victims in person, unless such a meeting is not available within a certain distance of the offender's residence. 2009 New York DUI Law - TopNew York S6125 / A9111 "Leandra's Law" Leandra’s Law, makes it a first-time felony offense for driving under the influence of alcohol, drugs or both while transporting passengers age 15 and under. The measure also requires the use of mandatory ignition interlock systems if convicted. 2009 Oklahoma DUI Law - TopOklahoma Senate Bill 1138 (Then Click Search) Establishes that a person commits child endangerment when the person knowingly permits a child to be present in a vehicle when the person knows or should have known that the operator of the vehicle is impaired by or is under the influence of alcohol or another intoxicating substance or is themselves the driver, operator, or person in physical control of a vehicle while under the influence and while transporting or having in the vehicle such child or children, establishes penalties. 2009 Oregon DUI Laws - TopProvides that a defendant is eligible to enter into a second or subsequent driving while under the influence of intoxicants diversion agreement only if the defendant meets certain criteria, including a requirement that a conviction of any other criminal offense involving a motor vehicle has not occurred within a specified number of years before the commission of the present offense. Requires permanent revocation of driving privileges for persons convicted of any degree of murder, manslaughter in the first or second degree, aggravated vehicular homicide, criminally negligent homicide or assault in the first degree resulting from the operation of a motor vehicle, increases the duration between revocation of driving privileges and the date on which a person may apply for reinstatement of driving privileges. Makes a valid chemical analysis of a person's urine admissible at the trial of any civil or criminal action as evidence of whether a person was driving while under the influence of intoxicants, specifies that the analysis is valid if performed by an accredited or licensed toxicology laboratory. 2009 Tennessee DUI Law - TopRelates to motor vehicles, gives law enforcement officers probable cause to conduct test to determine blood alcohol of driver involved in accident resulting in injury or death, provides that the test shall be performed regardless of whether the driver does or does not consent, provides that test results may be offered as evidence by either the state or the driver of the vehicle in any court or administrative hearing relating to such accident or offense subject to the rules of evidence. 2009 Texas DUI Laws - TopRelates to the civil and criminal consequences of operating a motor vehicle or a watercraft while intoxicated or under the influence of alcohol. Relates to the Department of Transportation's memorial sign program regarding drinking and driving and the names of victims. 2009 Utah DUI Laws - TopProvides that the requirement that the reinstatement of a person's license for a person under 21 years of age operating a vehicle with a detectable amount of alcohol in the person's body is contingent upon the person's completion of an action recommended by a local substance abuse authority or substance abuse program is only applicable within five years after the effective date of the license sanction. Provides that the Driver License Division may extend to a person a limited driving privilege to and from the person's place of employment when the person's denial, suspension, revocation, or disqualification involved certain driving under the influence offenses if certain conditions are met. Modifies the Motor Vehicles Code and the Uniform Driver License Act by amending driver license sanction requirements for various first time and repeat driving under the influence or alcohol related offenses, both for people of legal drinking age and underage drivers, relates to the use of ignition interlock devices and driver training. 2009 Virginia DUI Laws - TopProvides that operation of a motor vehicle without an ignition interlock when such operation is prohibited is a Class 1 misdemeanor and that the person's operator's license shall be revoked for one year. Requires installation of an ignition interlock as a condition of license restoration after a three-year revocation for any second conviction, not just those committed within less than ten years after a first offense. Relates to driving under the influence and blood tests, allows use of blood alcohol testing on whole blood to be admitted into evidence in a DUI prosecution. Specifies that a locality that has passed an enabling ordinance is entitled to restitution from a person convicted of certain DUI offenses as compensation for law-enforcement response expenses regardless of whether an accident occurs, includes civil actions. 2009 Vermont DUI Law - TopClarifies the provisions of the process by which one may have an operator's license reinstated after a driving under the influence conviction on the basis of three years' total abstinence from the consumption of alcohol or drugs, establishes an application fee that may be waived for financial hardship. 2009 Wyoming DUI Law - TopRelates to restricted drivers' licenses, modifies provisions relating to driving under the influence and the use of ignition interlock devices, imposes penalties on those who assist others in defeating an ignition interlock device, requires notice to drivers, provides an appropriation, provides that any person convicted of aggravated homicide by vehicle for causing the death of another person while operating or driving a vehicle shall not be issued an ignition interlock restricted license.
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