AB 79

Under current law, a person who commits a third offense related to drunken

driving or driving under the influence of an intoxicant or other drug (OWI) must be

fined not less than $600 nor more than $2,000 and imprisoned for not less than 30

days nor more than one year. A person who commits a fourth OWI must be fined not

less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor

more than one year. A person who commits a fifth or sixth OWI is guilty of a Class

H felony and may be fined not less than $600 nor more than $10,000 and imprisoned

for not less than six months nor more than six years, or both. A person who commits

a seventh, eighth, or ninth OWI is guilty of a Class G felony and may be fined not

more than $25,000 or imprisoned for not more than ten years, or both. A person who

commits a tenth or subsequent OWI is guilty of a Class F felony and may be fined not

more than $25,000 or imprisoned for not more than 12 years and six months, or both.

Under this bill, a person who commits a third OWI is guilty of a Class H felony,

although the person must be fined at least $600 but not more than $2,000 and must

be imprisoned for at least 90 days. A person who commits a fourth OWI is guilty of

a Class G felony, although the person must be fined at least $600 but not more than

$2,000 and must be imprisoned for at least one year. A person who commits a fifth

or sixth OWI is guilty of a Class F felony, although the person must be fined at least

$600 and must be imprisoned for at least one year. A person who commits a seventh,

eighth, or ninth OWI is guilty of a Class E felony, and a person who commits a tenth

or subsequent OWI is guilty of a Class D felony. These persons are subject to the

current law penalties for the felony classification.

In addition, this bill requires a law enforcement officer to arrest a person if the

officer has reasonable grounds to believe that the person is committing a third OWI.

The bill grants the circuit court the authority to deny pretrial release to a person who

is charged with certain felony OWIs if the person has a previous conviction for a

felony OWI. The bill also prohibits the release of a person convicted of a third OWI

before the person begins to serve any period of incarceration imposed for the OWI.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.