Sec. 34104. Repeat offender criteria

364 words·~2 min read·/bill/114/hr/22/eas/section-34104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 164(a) of title 23, United States Code, is amended— by redesignating paragraphs

(1)through

(4)as paragraphs

(2)through (5), respectively; by inserting before paragraph (2), as redesignated, the following: The term 24–7 sobriety program has the meaning given the term in section 405(d)(7)(A). ; in paragraph (5), as redesignated— in the matter preceding subparagraph (A), by inserting or combination of laws or programs after State law ; and by amending subparagraph

(A)to read as follows: receive, for a period of not less than 1 year— a suspension of all driving privileges; a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies; a restriction on driving privileges that limits the individual to operating motor vehicles only if participating in, and complying with, a 24–7 sobriety program; or any combination of clauses

(i)through (iii); ; by striking subparagraph (B); by redesignating subparagraphs

(C)and

(D)as subparagraphs

(B)and (C), respectively; and in subparagraph (C), as redesignated— in clause (i)— in subclause (I), by striking ; or and inserting a semicolon; in subclause (II), by striking ; and ; and inserting ; or ; and by adding at the end the following: the State certifies that the general practice is that such an individual will be incarcerated; and ; and in clause (ii)— in subclause (I), by striking ; or and inserting a semicolon; in subclause (II), by striking ; and ; and inserting ; or ; and by adding at the end the following: the State certifies that the general practice is that such an individual will receive approximately 10 days of incarceration. ; and by adding at the end— The term special exception means an exception under a State alcohol-ignition interlock law for the following circumstances: The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual. The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device. .