AB 244

Under current law, a person who commits an offense relating to operating a

vehicle while intoxicated or under the influence of a controlled substance (OWI) is

subject to a forfeiture or fine and, for a second or subsequent offense, a period of

imprisonment. Currently, a person who commits a second OWI offense is subject to

a fine between $350 and $1,100 and may be imprisoned for not less than five days

nor more than six months, a person who commits a third offense is subject to a fine

between $600 and $2000 and may be imprisoned for not less than 30 days nor more

than one year, a person who commits a fourth offense may be fined between $600 and

$2000 and may be imprisoned for not less than 60 days nor more than one year.

Upon committing a fifth or sixth OWI offense, a person is guilty of a Class H

felony, and is subject to a minimum fine of $600, a six month minimum term of

imprisonment and a maximum term of imprisonment of six years. A seventh, eighth,

or ninth OWI offense is a Class G felony, and the person is subject to a maximum fine

of $25,000 and a maximum term of imprisonment of ten years. A tenth or subsequent

OWI offense is a Class F felony, and the person is subject to a maximum fine of

$25,000, and a maximum term of imprisonment of 12 years and six months.

Under current law, a person who is sentenced for a felony is sentenced to a

bifurcated sentence, and the person serves a portion of his or her sentence confined

in a prison and a portion under extended supervision outside of prison.

This bill makes a fourth OWI offense a Class H felony and requires a person who

commits a fourth, fifth, or sixth OWI offense to serve a minimum of two years in

prison under a bifurcated sentence. The bill requires a person who commits a

seventh, eighth, or ninth OWI offense to serve a minimum of three years in prison

under a bifurcated sentence and a person who commits a tenth or subsequent OWI

offense to serve a minimum of four years in prison under a bifurcated sentence.