Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

Current law allows a law enforcement official at the official's discretion to impound the vehicle of a person who is arrested for operating the motor vehicle under the influence of intoxicants. The bill requires a law enforcement officer to impound the motor vehicle of a person arrested for operating the vehicle under the influence if the person:

1. Was under 21 years of age;

2. Has at least one conviction of operating under the influence within the past 10 years;

3. Was tested as having a blood-alcohol level of 0.15% or higher;

4. Was exceeding the speed limit by 30 miles per hour or more;

5. Eluded or attempted to elude an officer;

6. Was operating with a passenger under 21 years of age; or

7. Failed to submit to a blood-alcohol test at the request of a law enforcement officer.

This bill requires that the motor vehicle be impounded at the time of the arrest and prohibits the release of the vehicle for a period of not less than 48 hours after the time of impoundment. The owner of the motor vehicle shall pay all of the expenses incident to the impoundment and storage of the vehicle and a $100 impoundment fee to the law enforcement agency whose officer ordered the motor vehicle impounded to pay the expenses of the law enforcement agency in conducting the impoundment. An owner of an impounded motor vehicle may not recover the motor vehicle until all expenses and the impoundment fee are paid and the owner, if the owner is the person arrested, passes a