H. B. 2272
(By Delegate Love)
[Introduced January 27, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three-a, article five-a,
chapter seventeen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
rules governing interlock devices for permitting driving
privileges for license suspendees.
Be it enacted by the Legislature of West Virginia:
That section three-a, article five-a, chapter seventeen-c of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND
REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE
OF ALCOHOL,
CONTROLL
ED
SUBSTANC
ES OR
DRUGS.
§17C-5A-3a. Establishment of and participation in the motor
vehicle alcohol test and lock program.
(a) The division of motor vehicles shall control and
regulate a motor vehicle alcohol test and lock program for
persons whose licenses have been revoked pursuant to this article
or the provisions of article five of this chapter. Such program
shall include the establishment of a users fee for persons
participating in the program which shall be paid in advance and
deposited into the driver's rehabilitation fund. Except where
specified otherwise, the use of the term "program" in this
section refers to the motor vehicle alcohol test and lock
program. The commissioner of the division of motor vehicles
shall propose legislative rules for promulgation in accordance
with the provisions of chapter twenty-nine-a of this code for the purpose of implementing the provisions of this section. Such
rules shall also prescribe those requirements which, in addition
to the requirements specified by this section for eligibility to
participate in the program, the commissioner determines must be
met to obtain the commissioner's approval to operate a motor
vehicle equipped with a motor vehicle alcohol test and lock
system.
Such rules shall also permit the use of interlock
systems for second and subsequent convictions in the event the
driver's employment requires that the individual drive. For
purposes of this section, a "motor vehicle alcohol test and lock
system" means a mechanical or computerized system which, in the
opinion of the commissioner, prevents the operation of a motor
vehicle when, through the system's assessment of the blood
alcohol content of the person operating or attempting to operate
the vehicle, such person is determined to be under the influence
of alcohol.
(b) (1) Any person whose license has been revoked pursuant
to this article or the provisions of article five of this chapter is eligible to participate in the program when such person's
minimum revocation period as specified by subsection (c) of this
section has expired and such person is enrolled in or has
successfully completed the safety and treatment program or
presents proof to the commissioner within sixty days of receiving
approval to participate by the commissioner that he or she is
enrolled in a safety and treatment program:
Provided, That no
person whose license has been revoked pursuant to the provisions
of subsection (f) or (g), section two of this article shall be
eligible for participation in the program:
Provided, however,
That any person whose license is revoked pursuant to this article
or pursuant to article five of this chapter for an act which
occurred either while participating in or after successfully
completing the program shall not again be eligible to participate
in such program.
(2) Any person whose license has been suspended pursuant to
the provisions of subsection (l), section two of this article for
driving a motor vehicle while under the age of twenty-one years with an alcohol concentration in his or her blood of two
hundredths of one percent or more, by weight, but less than ten
hundredths of one percent, by weight, is eligible to participate
in the program after thirty days have elapsed from the date of
the initial suspension, during which time the suspension was
actually in effect:
Provided, That in the case of a person under
the age of eighteen, the person shall be eligible to participate
in the program after thirty days have elapsed from the date of
the initial suspension, during which time the suspension was
actually in effect, or after the person's eighteenth birthday,
whichever is later. Before the commissioner approves a person to
operate a motor vehicle equipped with a motor vehicle alcohol
test and lock system, the person must agree to thereafter comply
with the following conditions:
(A) If not already enrolled, the person will enroll in and
complete the educational program provided for in subsection (c),
section three of this article at the earliest time that placement
in the educational program is available, unless good cause is demonstrated to the commissioner as to why placement should be
postponed;
(B) The person will pay all costs of the educational
program, any administrative costs and all costs assessed for any
suspension hearing.
(3) Notwithstanding the provisions of this section to the
contrary, no person eligible to participate in the program shall
operate a motor vehicle unless approved to do so by the
commissioner.
(c) For purposes of this section, "minimum revocation
period" means the portion which has actually expired of the
period of revocation imposed by the commissioner pursuant to this
article or the provisions of article five of this chapter upon a
person eligible for participation in the program as follows:
(1) For a person whose license has been revoked for six
months pursuant to subsection (i), section two of this article,
the minimum period of revocation is thirty days;
(2) For a person whose license has been revoked for one year pursuant to section seven, article five of this chapter, the
minimum period of revocation is ninety days;
(3) For a person whose license has been revoked for any
other period of time pursuant to section two of this article or
pursuant to section seven, article five of this chapter, the
minimum period of revocation is one year.
(e) (d) Upon permitting an eligible person to participate in
the program, the commissioner shall issue to such person, and
such person shall be required to exhibit on demand, a driver's
license which shall reflect that such person is restricted to the
operation of a motor vehicle which is equipped with an approved
motor vehicle alcohol test and lock system.
(f) (e) Any person who has completed the safety and
treatment program and who has not violated the terms required by
the commissioner of such person's participation in the motor
vehicle alcohol test and lock program shall be entitled to the
restoration of such person's driver's license upon the expiration
of:
(1) One hundred eighty days of the full revocation period
imposed by the commissioner for a person described in subdivision
(1), subsection (c) of this section;
(2) The full revocation period imposed by the commissioner
for a person described in subdivision (2), subsection (c) of this
section;
(3) One year from the date a person described in subdivision
(3), subsection (c) of this section is permitted to operate a
motor vehicle by the commissioner.
(g) (f) A person whose license has been suspended pursuant
to the provisions of subsection (l), section two of this article,
who has completed the educational program, and who has not
violated the terms required by the commissioner of such person's
participation in the motor vehicle alcohol test and lock program
shall be entitled to the reinstatement of his or her driver's
license six months from the date the person is permitted to
operate a motor vehicle by the commissioner. When a license has
been reinstated pursuant to this subsection, the records ordering the suspension, records of any administrative hearing, records of
any blood alcohol test results and all other records pertaining
to the suspension shall be expunged by operation of law:
Provided, That a person shall be entitled to expungement under
the provisions of this subsection only once. The expungement
shall be accomplished by physically marking the records to show
that such records have been expunged, and by securely sealing and
filing the records. Expungement shall have the legal effect as
if the suspension never occurred. The records shall not be
disclosed or made available for inspection, and in response to a
request for record information, the commissioner shall reply that
no information is available. Information from the file may be
used by the commissioner for research and statistical purposes so
long as the use of such information does not divulge the identity
of the person.
(h) (g) In addition to any other penalty imposed by this
code, any person who operates a motor vehicle not equipped with
an approved motor vehicle alcohol test and lock system during such person's participation in the motor vehicle alcohol test and
lock program is guilty of a misdemeanor, and, upon conviction
thereof, shall be confined in the county jail for a period not
less than one month nor more than six months and fined not less
than one hundred dollars nor more than five hundred dollars. Any
person who assists another person required by the terms of such
other person's participation in the motor vehicle alcohol test
and lock program to use a motor vehicle alcohol test and lock
system in any effort to bypass the system, is guilty of a
misdemeanor, and, upon conviction thereof, shall be confined in
the county jail not more than six months and fined not less than
one hundred dollars nor more than one thousand dollars.
NOTE: The purpose of this bill is to permit individuals
convicted of a second or subsequent DUI to utilize an interlock
system to work in the event that the individual's employment
requires driving.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language
that would be added.