A new law effective in 2011 – mandates that judges now order certain conditions of releasing an individual on bond on a third case of DUI – DWAI.
Here is the New Legislation:
Summary of Legislation
The bill requires that a court set specific bond conditions when an individual is arrested for an alcohol or drug driving offense (e.g., DUI or DWAI) after two prior convictions for an alcohol or drug driving offense.
The defendant’s bail bond must include conditions requiring:
• enrollment in a substance abuse treatment program;
• electronic monitoring;
• drug and alcohol testing; and
• an engine interlock device on the defendant’s vehicle, if authorized to drive.
However – it should ne NOTED that:
A defendant may move the court for relief from any of these conditions.
Following a hearing on the motion the court may deny or grant the motion based on the interest of justice and the potential endangerment of public safety.
If the court grants a motion, written findings must support the grant of relief.