Bill No.: SF0019                  Drafter:  IDS

LSO No.:  10LSO-0088              Effective Date:  7/1/2010

Enrolled Act No.:  SEA0011

Chapter No.:       5

Prime Sponsor:     Senator Ross

Catch Title:       DUI impairment period and period for enhanced penalties.

Subject:  Amending driving under the influence laws.

Summary/Major Elements:

· Expands the definition of "controlled substances" to include "any drug or psychoactive substance, or any combination of these substance, capable of impairing a person's physical or mental faculties."

· Prohibits a driver from exceeding the maximum blood alcohol level of 0.08% within two hours after a lawful arrest following a valid traffic stop.

· Allows the introduction of competent evidence bearing upon the question of whether a person was under the influence of alcohol, including tests obtained more than two hours after an alleged violation.  The prior law was identical but addressed tests obtained more than three hours after the alleged violation.

· Expands from 5 years to 10 years the time period in which prior offenses are counted for purposes of enhanced penalties.

· Makes corresponding amendments for youthful drivers with detectable alcohol concentrations.