HB 152 DWI CHANGES

Rep William Rehm

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 152 (HB 152) prohibits driving with controlled substances or metabolites in the blood and provides that the ignition interlock requirement only applies to offenders with alcohol concentration in their blood or breath.  

 House Bill 152 (HB 152) amends how driving with controlled substances is treated under the law. 

First, HB 152 removes the requirement that it is unlawful to drive under the influence of a drug “to a degree that renders the person incapable of safely driving a vehicle”.  Instead, it is unlawful to drive under the influence of any concentration of marijuana or a controlled substance.  

Second, the bill provides that the requirement to have an ignition interlock license and device only applies to those convicted of a (driving under the influence) DUI relating to alcohol, not drugs. 

Third, it allows a chemical test performed pursuant to the Implied Consent Act to be introduced as evidence of marijuana or a controlled substance, in addition to alcohol.  

Fourth, it requires the Motor Vehicle Division to revoke a person’s license for up to one year if test results showing any concentration of marijuana or marijuana metabolite or an unlawful controlled substance.

Lastly, the bill requires an officer to serve notice of license revocation to a person whose chemical test show a controlled substance or marijuana, in addition to alcohol. 

 

 Currently, it is unlawful to drive under the influence of a drug “to a degree that renders the person incapable of safely driving a vehicle."  Currently, the requirement to install an ignition interlock device (which only monitors alcohol) applies to all those convicted of a DUI.  Current law does not allow a chemical test performed pursuant to the Implied Consent Act to be introduced as evidence of marijuana or a controlled substance.