CS/SB 190 DWI ACT

Sen Daniel A Ivey-Soto

Actions: [2] SCC/SHPAC/SJC-SCC [3]germane-SHPAC [4] DP/a-SJC [7] DNP-CS/DP [8] PASSED/S (26-8) [13] HJC-HJC

Scheduled: Not Scheduled

 Senate Bill 190 (SB 190) creates the DWI Act and amends, repeals, and enacts sections of the Motor Vehicle Code.   

 First, Senate Bill 190 (SB 190) amends the Motor Vehicle Code:
•	Changes the definition of “commercial motor vehicle” by removing any distinction of whether the motor vehicle operates interstate or intrastate, and instead the determination is based on gross vehicle weight.   

•	Moves the location for the definition of motorboat 

•	Removes the fee for reinstating a driver’s license. 

Second, the bill creates the DWI Act, which provides that:
•	Driving under the influence (DUI) of alcohol is when a person drives with an alcohol concentration of .08 or more, or .04 or more if the person drives a commercial motor vehicle.  The punishment for a first conviction is up to 90 days in jail and up to $500 in fines, with probation up to a year, community service, and DWI school.  

•	Aggravated DUI of alcohol is when a person drives with an alcohol concentration of .16 or more, causes bodily injury, or refuses to submit to chemical testing and showed evidence of being under the influence of an intoxicating liquor.  The punishment for this offense is at least 48 hours in jail.  

•	DUI of an intoxicating drug is when a person is under the influence of a drug (or combination of drug and alcohol) to a degree that the person is incapable of safely driving.  

•	Aggravated DUI of an intoxicating drug is when a person is under the influence of an intoxicating drug and causes bodily injury as a result of unlawful operation of a motor vehicle. 

•	Defines what it means to be “driving a vehicle” to include a motorist who was observed in control of a vehicle in motion, a motorist who was observed blocking other vehicles on private property, or following an investigation, a motorist was determined to be in control of a vehicle that was involved in an accident. 

•	Provides that there can be no claims for damages based upon the exercise of community caretaking when a motorist is not driving a vehicle. 

•	A second conviction for DUI liquor or drugs is punished by up to 364 days in jail (96 hours mandatory) and up to $1,000 in fines, up to 5 years’ probation and community service.  Also imposed is treatment of either: a 28-day residential or in-custody substance abuse treatment program, 90 day outpatient treatment, drug court or other treatment program.  

•	A third conviction for DUI liquor or drugs is punished by up to 364 days in jail (30 days mandatory/60 days mandatory for aggravated DUI), $1,000 in fines and community service. Also imposed is treatment of either: a 28-day residential or in-custody substance abuse 
treatment program, 90 day outpatient treatment, drug court or other treatment program.  

•	A fourth conviction for DUI liquor or drugs is punished as a fourth degree felony, with up to 18 months imprisonment (6 months mandatory).

•	A fifth conviction for DUI liquor or drugs is punished as a fourth degree felony, with up to 2 years in prison (1 year mandatory).

•	A sixth conviction for DUI liquor or drugs is punished as third-degree felony and sentenced to 30 months imprisonment (18 months mandatory).

•	A seventh or subsequent conviction for DUI liquor or drugs is punished as a third-degree felony and sentenced to 3 years in prison (2 years mandatory). 

•	Replaces references to “pregnant woman” with “pregnant person.” 

•	Amends the crime of DUI with a minor in the vehicle by requiring the offender to participate in a parenting class.  A minor is under age 13.  

•	Creates the crime of DUI with a “teenage minor” in the vehicle, which is a penalty misdemeanor offense, with a fine of $300. A teenage minor is 13-18 years old.  

•	Requires the Department of Corrections (DOC) to provide substance abuse counseling and treatment to inmates in its custody and to offenders on probation or parole.  

•	Provides that convictions in other jurisdictions count in this state for purposes of determining second or subsequent convictions. 

•	Provides that magistrate courts have concurrent jurisdiction with district courts for first, second or third DUI’s.  

•	Clarifies that the Implied Consent Act also applies to the operation of a motorboat.

•	Provides that if a person under arrest for DUI submits to a breath test but refuses a blood test, no blood test can be administered without a search warrant based upon probable cause that there was intoxicating drugs involved.   

•	Removes the list of professionals currently authorized to draw blood for a DUI. Instead, any person already authorized by law to draw blood may do so for DUI purposes. The bill also adds the requirement that when withdrawing blood, a big enough sample must be withdrawn that will allow for an independent chemical analysis to be conducted.  A person who draws blood at the request of a police officer, judge or probation officer is not liable in civil or criminal actions for assault, battery or false imprisonment, except for negligence. 

•	Provides that a conviction for a DUI (liquor or drugs) will require an offender to obtain an ignition interlock license from one year to life, depending on number of convictions.  A district court may remove, if good cause is shown, the requirement on a person who has to have the device for life.  

•	Requires the Traffic Safety Bureau to study insurance levels regarding drivers subject to the ignition interlock licensing act, and to study duplicative forms used for persons alleged to have driven under the influence of alcohol or drugs. 

SB 190 makes numerous technical edits to the Motor Vehicle Code and recompiles the Boating While Intoxicated Act.  

The bill repeals Sections 66-8-102 (DUI), 66-8-103 (blood alcohol tests) and 66-8-104 (blood alcohol tests as directed by law), and 66-13-1 through 66-13-13 (Boating While Intoxicated Act). 

SB 190 is effective July 1, 2025.   

 On January 26, 2024, the SHPAC amended SB 190 as follows:
•	Clarifies fines for DUI that were inconsistent in the original bill. A first conviction has a fine of up to $300, a second conviction has a fine of up to $500, and a third conviction has a fine of up to $750. 
•	Removes the provision that nothing in the bill is intended to authorize an arrest or to direct the performance of a chemical blood test except in the performance of that person’s official duties. 
•	Adds that a toxicologist, in addition to a laboratory technician, can testify by video.
 

 The Senate Judiciary Committee Substitute for Senate Bill 190 (SJCcs/SB 190) made the following changes to the original bill:
•	Incorporated the SHPAC amendments
•	Reinstated the definition for “commercial motor vehicle” in the Commercial Driver’s License Act and amended that term. A commercial motor vehicle is a: (1) combination vehicle (known as Group A), having a gross combination weight of 11,794 kg or 26,100 lbs. or more, inclusive of a twoed unit with a gross vehicle weight of more than 4,536 kg or 10,000 lbs; (2) a heavy straight vehicle (known as Group B) having a gross vehicle weight of 11,794 kg or 26,100 lbs or more, or (3) small vehicle (known as Group C) that is neither Group A or B but is either designed to transport 16 or more passengers or of any size and is used in the transportation of hazardous materials, select agents or toxins.
•	Adds a definition of “hazardous materials” in the Commercial Driver’s License Act to mean any material designated as hazardous under federal law and required to be placarded or any quantity of a material listed as a select agent or toxin in federal law.
•	States that it is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within the state. 
•	Amends the crime of aggravated driving under the influence of an intoxicating drug to also include causing bodily injury to another while driving under the influence of a combination of intoxicating drug and alcohol.  Adds that this offense can also be committed by refusing to submit to a chemical blood test when a warrant was issued for the blood draw. 
•	Removed Section 18 from the original bill that addressed “community caretaking” and relieved from civil and criminal liability for exercising community caretaking when a motorist is not driving a vehicle. 
•	Simplifies the crime of driving while intoxicating with a minor in the vehicle by expanding the definition of “minor” from an individual under 13 to an individual younger than 18. The committee substitute removed from the original bill the creation of the term “teenage minor” which meant an individual between 13-18 years of age.  
•	Clarifies which court has jurisdiction over first, second or third offense DWIs.  Instead of referring to counties with greater or less than 200,000 residents, it refers to counties with or without a metropolitan court. In counties with a metro court, the metro court has concurrent jurisdiction with district court. In counties without a metro court, if the case does not involve evidence from a chemical blood test, magistrate has concurrent jurisdiction with the district courts.  In counties without a metro court, if the case involves evidence from a chemical blood test, the district court has exclusive jurisdiction. 
•	Clarifies the provision regarding the administration of a blood draw and payment of costs. It provides that a person whose breath has been tested must be advised of their right to be given an opportunity to arrange for an independent blood draw and that the law enforcement agency must pay for the blood draw. 
•	Adds a provision that “authorized by law to draw blood” includes a person authorized by the laws of this state, as well as a person authorized by the laws of another state when a driver or operator of a motorboat is transported to another state following an accident, incapacitation or other medical emergency. 
•	Regarding the ability of a toxicologist or laboratory technician to testify at a hearing by video, it removes the requirement in the original bill that the laboratory where the analysis was conducted is not located in the same county nor in an adjoining county where the proceeding is taking place. 
•	Repeals Section 66-8-109 (administration of chemical test, payment of costs). 
•	Changes the effective date.  Sections 60 and 61 are effective July 1, 2024 (requiring studies). The rest of the bill is effective July 1, 2025.  
 

 SB 190 is related to HB 152