COMMITTEE ON HOMELAND SECURITY, JUSTICE AND 
PUBLIC SAFETY 
 
BILL NO. 
36-0123 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
July 23, 2025 
 
 
 
An act amending title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 493 
making it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his 
blood to operate a commercial motor vehicle, and making it unlawful for a person under the 
age of 21 years who has any detectable amount of alcohol in his blood, to operate a motor 
vehicle 
 
 
 
PROPOSED BY: 
 
 
Senator Ray Fonseca 
 
Be it enacted by the Legislature of the Virgin Islands: 
1 
SECTION 1.  Title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 
2 
493 is amended as follows: 
3 
(a) 
In subsection (a), add the following new paragraphs (3) and (4): 
4 
“(3) Notwithstanding paragraph (2), it is unlawful for any person who has 0.04 
5 
percent or more, by weight, of alcohol in his blood to drive,  operate, or be in actual 
6 
physical control of, a commercial motor vehicle. 
7 
(4) 
Notwithstanding paragraph (2), it is unlawful for any person under the age 
8 
of 21 years who has any detectable amount of alcohol in his blood to drive, operate, or 
9 
be in actual physical control of, any motor vehicle.” 
10 
(b) 
In subsection (c), add the following new paragraph (4): 
11 
“(4) Notwithstanding paragraph (1), any person convicted of violating subsection 
12 
(a)(4), shall have his driver’s license suspended for 12 months.  If the person does not 
13 
2 
 
possess a driver’s license, the issuance of a driver’s license shall be suspended for 12 
1 
months”. 
2 
(c) 
Add the following subsection (g): 
3 
“(g) The term “commercial motor vehicle” as used in subsection (a)(3) means any 
4 
self-propelled or towed vehicle used on public highways in intrastate commerce to 
5 
transport passengers or property when: 
6 
(1) 
the vehicle has a gross vehicle weight rating or gross vehicle weight of 
7 
at least 10,001 pounds, whichever is greater; or 
8 
(2) 
the vehicle is designed to carry eight or more passengers, including the 
9 
driver but not including any commercial motor vehicle licensed, registered and 
10 
regulated by the Virgin Islands Taxicab Commission; or 
11 
(3) 
the vehicle is used in the transportation of materials found by the Virgin 
12 
Islands Police Department or the Bureau of Motor Vehicles to be hazardous for the 
13 
purpose of the Hazardous Materials Act (49 U.S.C. sec. 5101 et seq. and 
14 
transported in a quantity requiring placarding under regulations prescribed by the 
15 
Secretary of the United States Department of Transportation.” 
16 
BILL SUMMARY 
17 
This bill amends title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 
18 
493 by making it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in 
19 
his blood to operate a commercial vehicle, and making it unlawful for a person under the age 
20 
of 21 years who has any detectable amount of alcohol in his blood, to operate a motor vehicle. 
21 
BR25-0668/July 21, 2025/GC 
22