ACT NO. 57
DUI; Zero Tolerance; Constables
This act increases the age and penalties for young persons who drink and drive. A person under the age of 21 (it was under the age of 18 in the old law) who operates a motor vehicle with a blood alcohol concentration of 0.02 or more will be subject to a license suspension for six months for a first offense and for one year or to age 21, whichever is longer, for a second or subsequent violation. The person will also have to complete an alcohol and driving education program and an assessment for the need for further treatment. In these cases, a law enforcement officer may use a preliminary screening device approved by the commissioner of health to measure the blood alcohol concentration. The person being tested does not have a statutory right to counsel prior to the administration of the test. The same 0.02 blood alcohol concentration and penalties also apply to persons under the age of 21 who operate a boat or snowmobile. All of these cases are civil violations filed in the traffic and municipal ordinance bureau.
This act also authorizes a constable who has law enforcement powers in the town to transport a DUI suspect to a police department in another town for the purpose of DUI processing.
Effective Date: The section dealing with constables takes effect on passage, June 26, 1997, the sections dealing with the reduction of the blood alcohol concentration for boat operators takes effect on July 1, 1997, and the sections dealing with young persons who operate motor vehicles, boats and snowmobiles take effect on September 1, 1997.