SB 130

Under current law, a person who is convicted of, or who has his or her driver's

license suspended or revoked for, an offense related to operating a motor vehicle

while intoxicated or using drugs (commits a drunken driving offense) is subject to a

forfeiture for a first offense of not less than $150 nor more than $300, or a fine that

increases with each subsequent offense and ranges from a minimum of $350 to a

maximum of $25,000, and a term of imprisonment beginning with the second offense,

that also increases with each subsequent offense and ranges from a minimum of five

days to a maximum of 12 years and six months.

Further, under current law a person who commits a drunken driving offense

loses his or her vehicle operating privileges for a period of time, the length of which

depends upon the number of prior offenses committed by the person. Current law

also allows, after a third drunken driving offense, the court to seize and sell the motor

vehicle used in the fourth offense or to require that the vehicle be immobilized or

equipped with an ignition interlock device.

This bill requires a person who commits a second drunken driving offense to

surrender the registration plates for the vehicle used in the offense to a law

enforcement agency for a period of 90 days. A person who commits a third drunken

driving offense must surrender the registration plates for the vehicle used in the

offense to a law enforcement agency for a period of 180 days. Under the bill, if a

person commits a fourth or subsequent drunken driving offense, the court is required

to order that the vehicle used in the offense be seized and sold.

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.