FINAL BILL REPORT

HB 663

                                  C 247 L 87

BYRepresentatives Dellwo and Armstrong

Measuring breath alcohol content.

House Committe on Judiciary

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Persons convicted of driving while intoxicated (DWI) may be given a variety of punishments, including loss of driving privileges.  A first time offender will lose the privilege for 90 days or until age 19, whichever is longer.  However, a first-time offender may be able to qualify for an occupational drivers license after 30 days.  A second offense within five years results in a one-year loss, and a third offense results in a two-year loss.

First-time DWI offenders may qualify for a deferred prosecution.  Successful completion of a deferred prosecution program means the charges against the offender are dropped.  To qualify, the offender must demonstrate that he or she suffers from alcoholism.  A deferred prosecution program requires total abstinence from alcohol.

Ignition interlock devices have been developed that can be calibrated to prevent a driver from starting a motor vehicle if he or she has more than a certain amount of alcohol in his or her breath.

SUMMARY:

A court may restrict the driving of certain persons to vehicles equipped with ignition interlock devices.  Persons who may be subject to the restriction include those convicted of, or given deferred prosecution for, alcohol related driving offenses.  Any court-ordered installation of a device must be for at least six months.

The Commission on Equipment is required to establish standards for the certification, installation, repair and removal of interlock devices.

The Department of Licensing is to attach or imprint a notation on the drivers license of a person placed under such a restriction by a court.

It is a gross misdemeanor to assist a person who is required to use an ignition interlock device to start and operate a motor vehicle.  The criminal penalty does not apply if the motor vehicle is started for safety reasons or mechanical repair.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    49     0 (Senate amended)

      House 91   1 (House concurred)

EFFECTIVE:July 26, 1987