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House Journal: Page 260: Thursday, February 6, 2003

7 temporary restricted license of ninety days.
8 (a) A defendant whose alcohol concentration is .08
9 or more but not more than .10 shall not be eligible
10 for any temporary restricted license for at least
11 thirty days if a test was obtained and an accident
12 resulting in personal injury or property damage
13 occurred. The defendant shall be ordered to install
14 an ignition interlock device of a type approved by the
15 commissioner of public safety on all vehicles owned by
16 the defendant if the defendant seeks a temporary
17 restricted license. There shall be no such period of
18 ineligibility if no such accident occurred, and the
19 defendant shall not be ordered to install an ignition
20 interlock device.
21 (b) A defendant whose alcohol concentration is
22 more than .10 shall not be eligible for any temporary
23 restricted license for at least thirty days if a test
24 was obtained, and an accident resulting in personal
25 injury or property damage occurred or the defendant's
26 alcohol concentration exceeded .15. There shall be no
27 such period of ineligibility if no such accident
28 occurred and the defendant's alcohol concentration did
29 not exceed .15. In either case, where a defendant's
30 alcohol concentration is more than .10, the defendant
31 shall be ordered to install an ignition interlock
32 device of a type approved by the commissioner of
33 public safety on all vehicles owned by the defendant
34 if the defendant seeks a temporary restricted
35 license."
36 2. By striking page 1, line 44, through page 2,
37 line 5, and inserting the following:
38 "321J.9.
39 a. A defendant whose alcohol concentration is .08
40 or more but not more than .10 shall not be eligible
41 for any temporary restricted license for at least
42 thirty days if a test was obtained and an accident
43 resulting in personal injury or property damage
44 occurred. The defendant shall be ordered to install
45 an ignition interlock device of a type approved by the
46 commissioner of public safety on all vehicles owned by
47 the defendant if the defendant seeks a temporary
48 restricted license. There shall be no such period of
49 ineligibility if no such accident occurred, and the
50 defendant shall not be ordered to install an ignition

Page 2

1 interlock device.
2 b. A defendant whose alcohol concentration is more
3 than .10 shall not be eligible for any temporary
4 restricted license for at least thirty days if a test
5 was obtained, and an accident resulting in personal


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