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National Rifle Association--

Drunk Driving Prevention Act
Summary

was the corporate co-chair in
2011?

This bill requires mandatory alcohol education for new drivers; prohibition of open
containers of beverage alcohol products in motor vehicles; administrative license
revocation penalties for violation of the State's driving under the influence laws,
administrative license revocation penalties for persons under 21 years of age for driving
with a measurable and detectable alcohol concentration; administrative license
revocation for the illegal purchase or possession of alcoholic beverage products by
persons under 21 years of age; and mandatory alcohol and drug testing of drivers
involved in fatal motor vehicle accidents. This bill also increased penalties for those
drivers who are operating a motor vehicle with high breath/blood alcohol concentrations;
commit repeated violations of a states DUI laws; and provides for the use of ignition
interlock devices.

Model Legislation
Section 1. {Short title} This Act may be cited as the Drunk Driving Prevention Act.
Section 2. {Legislative Declaration}
The purpose of this act is to reduce the incidence of death, injury and property damage
in this State caused by persons who drive while under the influence of alcohol or drugs.

Section 3 {Findings} The {Insert Appropriate Legislative Body}of this State makes
the following findings:

(A) The reduced incidence of drunk driving is due to a comprehensive system approach;
the elements of which are sound laws, strict enforcement, even-handed adjudication,
education and treatment. This comprehensive systems approach is a proven, solid,
effective approach to combat alcohol or drug abuse generally, and drunk driving
specifically.
(B) Strict and consistent law enforcement for those who break the law and education for
all of society concerning the responsible consumption of beverage alcohol products are
the two primary solutions to the question concerning driving under the influence of
alcohol or drugs.

Section 4. {Driver Education}
(A) Traffic Safety Education -- Every first time applicant for a driver's license shall
complete a course of instruction that provides information on driver and safety matters,
including how drinking relates to personal breath/blood alcohol levels and the use of
illegal drugs, prescription drugs, and non-prescription drugs on the ability of a person to
operate a motor vehicle; the hazards of driving under the influence; and the penalties for
driving while under the influence; and the composition of state breath/blood alcohol
laws. This course shall consist of no fewer than {Insert number of hours} of instruction.
(B) Drivers License Test -- The Drivers License Test shall include written questions
concerning the effects of consumption of beverage alcohol products and the use of
illegal drugs, prescription drugs, and non-prescription drugs on the ability of a person to
operate a motor vehicle and the legal and financial consequences resulting from
violations of the state's laws prohibiting the operation of a motor vehicle while under the
influence of alcohol or drugs.

Section 5. {Open Containers}
(A) Except as otherwise provided, no driver shall transport, carry, possess, or have any
beverage alcohol product within the passenger area of any motor vehicle upon any way
in this state except in the original container and with the seal unbroken. Securely
capped partially filled containers of beverage shall be transported in the trunk of the
motor vehicle. If the motor vehicle does not have a trunk, containers shall be stored in
that compartment or area which is least accessible to the driver.
(B) Except as provided, no passenger shall carry possess or have any beverage alcohol
product within any passenger area of any motor vehicle upon any way or in any area
principally used for public parking in this state except in the original container with the
seal unbroken. Securely capped partially filled containers of beverage shall be stored in
that compartment or area which is least accessible to the driver.
(C) A person who violates this section shall be fined {Suggested amount: $200} for the
first offense and informed of the penalties for a second or subsequent violation of this

section. {For each subsequent violation, we suggest a doubling of the prescribed fine.}

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(D) This section shall not apply to persons transporting, carrying, possessing or having
any beverage alcohol product in a chartered bus, in a taxi, in a limousine for hire, or in a
motor vehicle in which the driver is operating the motor vehicle pursuant to a contract
to provide transportation for passengers and such driver holds a valid commercial
driver's license issued in accordance with the requirements of the state governing such
licensing; provided, however, that the driver of any said vehicles is prohibited from
having any beverage alcohol product in or about the driver's area.
(E) For the purposes of this Section only:
(1) Passenger area of any motor vehicle shall not include any section of a motor vehicle
that has been designed or modified for the overnight accommodation of persons or as
living quarters.
(2) "Way shall mean the entire width between the boundary lines of any public highway,
street, road, alley, park, or parkway or any private way laid out under the authority of
statute or any such way provided and maintained by a public institution to which state
funds are appropriated for public use or any such way which has been used for public
travel for 20 years.

Section 6. {Revocation/ Suspension of License for Violating the State
Law Prohibiting Driving Under the Influence}
(A) The Appropriate {Insert State Department or agency}shall forthwith revoke/suspend
the driver's license and/or driving privileges of any person who has violated the State's
law prohibiting driving while under the influence as follows:1. For a period of {suggested
period 12 months} for a person with no previous violation of the state's driving while
under the influence law or similar statute of any state or the District of Columbia or local
government.2. For a period of {suggested period 18 months} for a person who has had
a previous violation within five (5) years of the date of the charge in question.3. For a
period of {suggested period 24 months} for a person who has had two or more previous
violations within five (5) years of the date of the charge in question.
(B) Upon certification by the police officer that there existed probable cause to believe
that the person had been acting in violation of the State's law prohibiting driving while
under the influence and that the person refused to submit to the State's implied
consent chemical test after being informed of the penalty of revocation/suspension for
such refusal, the {Insert Appropriate State Department or Agency} shall revoke/suspend
the person's driver's license and/or driving privileges as follows:1 For a period of
{suggested period 18 months} for a person with no previous violation of the state's
driving while under the influence law or similar statute of any state or the District of
Columbia or local government.2 For a period of {suggested period 24 months} for a
person who has had a previous violation within five (5) years of the date of the charge in
question.4. For a period of {suggested period 30 months} for a person who has had two
or more previous violations within five (5) years of the date of the charge in question.
(C) The {insert appropriate state department or agency}may after a sufficient period of
time {suggested period at least 15 days for a first offense up to 90 days for multiple
offenses}allow the person whose license and/or driving privileges have been
revoked/suspended to resume operating their vehicle if it is equipped with a state
certified ignition interlock device.1. A person’s whose operating privileges have been
restricted under this section shall be liable for the reasonable cost of equipping and
maintaining any ignition interlock device installed in his or her motor vehicle.2. A person
whose operating privileges have been restricted under this section violates that
restriction if he or she requests or permits another to blow into an ignition interlock
device or to start a motor vehicle equipped with an ignition interlock device for the
purpose of providing the person an operable motor vehicle without the necessity of first
submitting a sample of his or her breath to analysis by the ignition interlock device; or if
he or she removes, disconnects, tampers with or otherwise circumvents the operation of
the ignition interlock device installed in his or her motor vehicle.3. A person who
commits a violation as defined in subsection 2, shall have their driver's license and/or
driving privileges revoked/suspended for the remainder of the period prescribed in
paragraph A or B.
(D) No revocation or suspension under subsection A, B or C of this section is effective
until the {insert appropriate State Department or Agency} or a police officer or other
person acting on his or her behalf notifies the person of revocation and allows the person
a fifteen (15) day period to request the {insert appropriate State Department or
Agency} in writing for a hearing as herein provided. If no request is filed in writing with
the {insert appropriate State Department or Agency} within the fifteen (15) day period,
the order of revocation/suspension becomes effective. If a request for a hearing is filed, a
revocation or suspension is not effective until the final decision of the hearing officer
results in a decision adverse to the person.
(E) On behalf of the {insert appropriate State Department or Agency}, the police officer
offering a chemical test or directing the administration of a chemical test shall serve
immediate notice of revocation/suspension on a person who refuses to permit chemical
testing after being informed of the penalty of revocation/suspension for such a refusal, or
on a person who is arrested on that occasion for a violation of the State's driving while
under the influence law. The officer shall take the State license or permit of the driver in
such a case and issue a temporary license effective for only fifteen (15) days with a
provision for an additional period if a written request for a hearing is received by the
{insert appropriate State Department or Agency} along with the certificate required by
subsection A, B or C of this section.
(F) The hearing under this section shall be before the {insert appropriate State
Department or Agency}. The scope of the hearing shall cover the issues of:
(1) With respect to subsections A, B and C of this section, whether the police officer had
probable cause to believe the person was in violation of the State's driving while under
the influence law.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(2) With respect to subsection D of this section, whether by preponderance of the
evidence it appears that the person was in violation of the State's driving while under
the influence law. For purposes of this subsection, a breath/blood alcohol concentration
above the State's legal limit pursuant to the testing referred to above, or a positive
indication of drugs, shall be conclusive evidence of said violation.
(3) With respect to subsection B of this section, whether the person refused to permit
the test after being informed of the penalty of revocation/suspension for such refusal.
(G) The hearing specified in this section shall be scheduled within thirty (30) days
following the filing of the request for a hearing, and shall be subject to judicial review.
(H) After the expiration of the period of revocation/suspension, the person whose license
has been revoked/suspended shall be permitted to apply for a driver's license upon full
payment of all applicable fees, including but not limited to fees associated with the
driver's license revocation/suspension and the application for a new driver's license.
(I) Any person whose driving privileges have been revoked/suspended and who drives
any motor vehicle of this State during the period of revocation/suspension for the first
offense shall be fined not less than {suggested amount of $500} and no more than
{suggested duration of six (6) months}. [For each subsequent like offense, suggest a
doubling of the prescribed fines and imprisonment and, in addition, that the
revocation/suspension period assessed for such person also be doubled.]
(J) A person may not knowingly permits a motor vehicle owned by him/her to be driven
on any highway in this State by any person if that person is not authorized to drive or
otherwise is in violation of any State law, such as driving with a revoked/suspended
driver's license {insert appropriate fine and/or penalty}.

Section 7. {Penalties for Violating the State Law Prohibiting Driving
Under the Influence}
(A) Upon conviction for a violation of the state law prohibiting driving under the
influence, a person shall be fined as follows:
1. Not less than {existing state law – with a suggested fine of $250 to $1,000 and
imprisonment for not less than five (5) days nor more than six (6) months} for a person
with no previous violation of the state’s law prohibiting driving under the influence or
similar statute of any state or the District of Columbia or local government.
2. Not less than {insert increase penalty}for a person who has had a previous violation
within {insert number of years – suggested at least five (5)} years of the date of the
charge in question.
3. Not less than {insert increased penalty}for a person who has had two previous
violations within {insert number of years – suggested at least five (5)} years of the date
of the charge in question.
4. Not less than {insert increased penalty}for a person who has had three or more
previous violation within {insert number of years – suggested at least five (5)} years of
the date of the charge in question.(B) The court may at its discretion suspend such fines
and imprisonment as defined in paragraph A for person convicted of a first violation of
the state law prohibiting driving under the influence completes the following:
1. A court approved alcohol or drug rehabilitation program; and
2. {insert appropriate number} hours of community service

Section 8. {Enhanced Penalties for Violating the State Law Prohibiting
Driving Under the Influence While Driving with a High Breath/Blood
Alcohol Content}
(A) Upon conviction for a violation of the state law prohibiting driving under the
influence, if a person had a breath/blood alcohol concentration of 0.15 to 0.199, in
addition to the applicable minimum and maximum fines under Section 7 the court shall
order a state certified ignition interlock device installed as described in Section 9 for a
minimum of at least one (1) year.
(B) Upon conviction for a violation of the state law prohibiting driving under the
influence, if a person had a breath/blood alcohol concentration of 0.20 to 0.249, in
addition to the applicable minimum and maximum fines under Section 7 the court shall
order a state certified ignition interlock device installed as described in Section 9 for a
minimum of at lease two (2) years.
(C) Upon conviction for a violation of the state law prohibiting driving under the
influence, if a person had a breath/blood alcohol concentration of 0.25 or above, in
addition to the applicable minimum and maximum fines under Section 7 the court shall
order a state certified ignition interlock device installed as described in Section 9 for a
minimum of at least three (3) years.

Section 9. {Installation of Ignition Interlock Devices}
(A) If a person is convicted of violating the state’s driving under the influence law, the
court may, in addition to the revocation/suspension of drivers license provisions
contained in Section 6, order that a person’s operating privilege for the operation of
{enter appropriate class of vehicle} vehicles be restricted to operating {enter
appropriate class of vehicle} vehicles that are equipped with a state certified ignition
interlock device.
(B) The court may restrict the operating privilege restriction under paragraph A for a
period of not less than {suggested period one (1) year} nor more than the maximum
operating privilege revocation period permitted for the violation.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(C) If the court restricts a person’s operating privilege under paragraph A, the person
shall be liable for the reasonable cost of equipping and maintaining any ignition interlock
device installed in his or her motor vehicle.
(D) A person whose operating privileges have been restricted under paragraph A,
violates that restriction if he or she requests or permits another to blow into an ignition
interlock device or to start a motor vehicle equipped with an ignition interlock device for
the purpose of providing the person an operable motor vehicle without the necessity of
first submitting a sample of his or her breath to analysis by the ignition interlock device;
or if he or she removes, disconnects, tampers with or otherwise circumvents the
operation of the ignition interlock device installed in his or her motor vehicle.
(E) A person who commits a violation as defined in paragraph D, shall have their driver's
license and/or driving privileges revoked/suspended for the remainder of the period
prescribed in paragraph B.

Section 10. {Driving Privileges for Persons Under Twenty-One (21) Years
of Age}
(A) Any driver under twenty-one (21) years of age with a measurable and detectable
alcohol concentration when driving a motor vehicle shall be deemed to be driving under
the influence for the purpose of administrative or judicial sanctions and all other laws
and regulations pertaining to driving while under the influence.
(B) Subsection A may not be construed or applied to limit the application of any other
provision of law that prohibits the possession, purchase, and/or consumption of
beverage alcohol products by a person under twenty-one (21) years of age.
(C) For those drivers under twenty-one (21) years of age who are convicted of driving
under the influence, the courts may require the installation of state certified ignition
interlock devices as described in Section 9 until the time that the driver reaches the age
of twenty-one (21) years of age.

Section 11. {Possession and Purchase of Alcohol by Persons Under
Twenty-One (21) Years of Age}
(A) It shall be unlawful for:
(1) Any person who has not reached his or her twenty-first (21st) birthday to enter any
premises licensed for the retail sale of beverage alcohol products for the purpose of
purchasing or having served or delivered to him or her any beverage alcohol product; or
(2) Any person who has not reached his or her twenty-first (21st) birthday to consume
any beverage alcohol on premises licensed for the retail sale of beverage alcohol
products to purchase, attempt to purchase, or have another purchase for him or her
any beverage alcohol product; or
(3) Any person to misrepresent or misstate his or her age, or the age of any other
person, or to misrepresent his or her age for the purpose of purchasing or having served
or delivered to him or her any beverage alcohol product, through the presentation of
any of the following documents:
(a) An armed service identification card, an identification card license or any other
documentation used for identification purposes that may belong to any other person
who is of the age of twenty-one (21) years or older;
(b) A driver's license which bears the date of birth of the licensee, and which is issued by
the State of _________ or of any other state;
(B) Any person who shall violate any of the provisions of this section shall be punished
for the first offense by a mandatory fine of not less than [suggested amount of one
hundred dollars ($100)] nor more than [suggested amount of two hundred fifty dollars
($250)] and shall be punished by revocation of his or her driver's license and/or driving
privileges for a period of [suggested period of six (6) months]; for the second offense, by
a mandatory fine of not less than [suggested amount of two hundred fifty dollars
($250)] and shall be further punished by revocation of his or her driver's license and/or
driving privileges for a period of [suggested period of one (1) year]; and for the third or
subsequent offenses, by a mandatory fine for each offense of not less than [suggested
amount of five hundred dollars ($500)] or not more than [suggested amount of one
thousand dollars ($1000)}and shall be further punished by revocation of his or her
driver's license and/or driving privileges for a period of [suggested period of eighteen
(18) months].

Section 12. {Mandatory Alcohol and Drug Testing of Drivers Involved in
Fatal Motor Vehicle Accidents}
(A) When the driver of a motor vehicle is involved in an accident resulting in loss of
human life, or where there is reason to believe death may result, and there exists
probable cause to believe that the driver is guilty of a violation of the state's law
prohibiting driving while under the influence, in addition to penalties established
elsewhere under State law, a test or tests of the driver's blood, breath, or urine, must be
administered to the driver, including those fatally injured, to determine the presence
and percentage concentration of alcohol or drugs in such person's body. The police
officer who responds to such collision, the physician in attendance, or any other person
designated by State law who was present when the death occurred, or believed death
may result, shall order the test or tests as soon as practicable.
(B) The medical personnel who conducted the foregoing test or tests of the driver's
blood, breath, or urine shall be immune from liability and shall forward the results of
such test or tests to the [appropriate State Department or Agency], which shall establish
and maintain the results of the analysis required by subsection A in the database. The
information in the database shall reflect the number of fatal motor vehicle accidents (1)

in which alcohol was found to be a factor, with the percentage alcohol concentration
involved; (2) in which drugs were found to be a factor, listing the class of drugs so found
and their amounts; and (3) in which both alcohol and drugs were found to be factor,
with the percentage alcohol concentration involved and listing the class of drugs so
found and their amounts.
(C) The results of the analysis required by this section shall be reported to the
[appropriate State Department or Agency] and may be used by State and local officials
only for statistical purposes that do no reveal the identity of the deceased person.

Section 13. {Severability Clause}
Section 14. {Repealer Clause}
Section 15. {Effective Date}
ALEC's Sourcebook of American State Legislation 1995; adopted by the Criminal Justice
Task Force by fax vote, December 22, 2000. Approved by full Board of Directors January,
2001.

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