House of Representatives

SB 1137

extreme DUI; alcohol concentration

Sponsors: Senators Hamilton, Solomon, Bee, et al

dpa S/E	Committee on Transportation
dpa	Caucus and COW
x	As Passed the House

Senate Bill 1137 provides that a person who operates or is in actual physical control of a vehicle with a Blood Alcohol Content (BAC) of 0.15 or greater is guilty of driving while under the extreme influence of intoxicating liquor.

The strike-everything amendment to SB 1137 provides that law enforcement agencies may establish a program that allows peace officers to impound a vehicle upon determining that the driving privilege of the person operating the vehicle is (1) revoked; (2) revoked or suspended for driving under the influence; (3) suspended for a previous conviction of driving on a suspended license; or (4) suspended for accumulating too many points as a result of convictions for moving violations.

History

According to the National Highway Traffic Safety Administration (NHTSA), forty-five states have laws that can affect the vehicle or vehicle plates of DUI offenders. These sanctions include vehicle impoundment, suspension of vehicle registration, confiscation of license plates, vehicle immobilization through the use of a “club” or “boot” or special license plates or markings on the plate. In addition, NHTSA reports that thirty-two percent of second-time DUI offenders are involved in crashes or receive additional traffic citations during the period of license suspension. For third-time offenders, this number increases to sixty-one percent. Based on a California study, NHTSA estimates that drivers with suspended or revoked licenses have a fatal crash rate 3.7 times higher than that of the average driver.

In 1994, California approved two bills prescribing vehicle impoundment or seizure for drivers operating a vehicle on a suspended or revoked driver’s license. Under the California program, officers may order the impoundment of a vehicle for 30 days if the driving privilege of the person operating the vehicle is suspended or revoked, or the person is not licensed to operate a motor vehicle. Based on information from the California Department of Motor Vehicles, approximately two million California drivers are either unlicensed or under suspension or revocation. As a result, California law enforcement agencies report they are impounding 100,000 vehicles per year. NHTSA reports a reduction of twenty-five percent in crashes for first-time offenders and thirty-eight percent for repeat offenders whose vehicles are impounded.

Provisions

· Permits peace officers to impound a vehicle for thirty days if operated by an unlicensed person or a person whose driving privilege is under suspension or revocation.

C Allows the impounding agency to release the vehicle any time within the 30 day period to the vehicle owner under any of the following conditions:

a) The vehicle is stolen.

b) The vehicle is in the care of a business establishment and driven by an employee who is unlicensed, suspended or revoked.

c) The owner presents satisfactory proof to the impound agency that the owner’s driving privilege has been reinstated.

d) A co-owner of the vehicle was not the driver at the time of impoundment. The co-owner must enter into an agreement with the impounding agency stipulating that if the vehicle is driven by an unlicensed driver within five years after the agreement is signed, the vehicle will not be eligible for release before the end of the thirty day impoundment period.

· Prohibits an impounding agency from releasing the vehicle after the thirty-day period unless the owner or the owner’s agent presents a valid driver’s license and current vehicle registration.

· Requires installation if an ignition interlock device prior to release of the vehicle if the vehicle owner is under a current order to have an interlock device installed or if the vehicle owner’s driving privilege is suspended or revoked for DUI.

· Specifies that the vehicle owner is responsible for paying all towing, storage and administrative charges related to the impoundment.

· Prescribes notification procedures for impounding agencies, and specifies that notice of vehicle impoundment must be provided to all persons appearing on MVD records as having an interest in the vehicle within two working days of impoundment.

· Requires an impounding agency to pay towing and storage costs if the impounding agency cannot establish reasonable grounds for the storage.

· Prohibits an impounding agency from charging more than fifteen days worth of fees if the agency fails to send notice of impoundment to a person who has an interest in the vehicle.

C Establishes a post-storage hearing process and allows the hearing officer to determine the validity of circumstances, or any mitigating circumstances related to the impoundment.

C Requires the impounding agency to release the vehicle before the end of the thirty day period to a person who has a recorded interest in the vehicle (a lienholder) and who pays all fees related to the impoundment, in addition to, and presenting foreclosure documents or an affidavit of repossession.

· Permits the lienholder to charge the owner all fees related to the impoundment.

· Allows the impounding agency to assess an administrative charge on the vehicle owner not to exceed $150. The administrative charges are in addition to any other towing or storage charges for which the owner is responsible.

· Mandates that agencies electing to establish vehicle impoundment programs establish procedures for post-storage hearings, release of impounded vehicles, and for costs related to the impoundment and storage of a vehicle.

· Requires the person in possession of the vehicle to submit an abandoned vehicle report to the Motor Vehicle Division if the vehicle remains unclaimed after 30 days.

· Exempts a person from paying towing and storage fees related to impoundment of the vehicle if the vehicle was stolen and the theft was reported to the proper law enforcement agency.

· Stipulates that if a vehicle is stolen and the theft was reported to the proper law enforcement agency, the operator of the vehicle at the time of impoundment is responsible for all towing, storage and administrative charges.

· Declares an impounding agency shall have no lien or possessary interest in a stolen vehicle if the theft was reported to the proper law enforcement agency.

· Requires the impound agency to release the vehicle to the owner or person that has interest in the vehicle even if the operator at the time of impoundment has not paid all towing, storage and administrative fees.

· Requires the impounding agency to collect any administrative charges at the time of the release of the vehicle unless the vehicle was stolen and the theft reported to the proper law enforcement agency.

The strike-everything amendment to Senate Bill 1137 passed the Committee on Transportation unamended.

The Committee of the Whole adopted the Committee on Transportation strike-everything amendment and further amended as follows:

· Exempts a person from paying towing and storage fees related to impoundment of the vehicle if the vehicle was stolen and the theft was reported to the proper law enforcement agency.

· Stipulates that if a vehicle is stolen and the theft was reported to the proper law enforcement agency, the operator of the vehicle at the time of impoundment is responsible for all towing, storage and administrative charges.

· Declares an impounding agency shall have no lien or possessary interest in a stolen vehicle if the theft was reported to the proper law enforcement agency.

· Requires the impound agency to release the vehicle to the owner or person that has interest in the vehicle even if the operator at the time of impoundment has not paid all towing, storage and administrative fees.

· Requires the impounding agency to collect any administrative charges at the time of the release of the vehicle unless the vehicle was stolen and the theft reported to the proper law enforcement agency.

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45th Legislature

First Regular Session 3 April 27, 2001

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