AB 208

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 45

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 fourth OWI within five years of a prior

offense is guilty of a Class H felony and must be fined not less than $600 and

imprisoned not less than six months. A person who commits a fifth or sixth OWI is

guilty of a Class H felony and must be fined not less than $600 and imprisoned for

not less than six months. A person who commits a seventh, eighth, or ninth OWI is

guilty of a Class G felony and the confinement portion of a bifurcated sentence

imposed on the person may not be less than three years. A person who commits a

tenth or subsequent OWI is guilty of a Class F felony and the confinement portion

of a bifurcated sentence imposed on the person may not be less than four years. Also

under current law, the penalty for a Class E felony is a fine not to exceed $50,000 or

imprisonment not to exceed 15 years, or both, the penalty for a Class F felony is a fine

not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both,

the penalty for a Class G felony is a fine not to exceed $25,000 or imprisonment not

to exceed 10 years, or both, and the penalty for a Class H felony is a fine not to exceed

$10,000 or imprisonment not to exceed 6 years, or both.

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

and the person must be fined not less than $600 and must be imprisoned for not less

than 45 days. A person who commits a fourth OWI is guilty of a Class H felony and

the person must be fined not less than $600 and must be imprisoned for not less than

60 days. A person who commits a fourth OWI within five years of a prior offense is

guilty of a Class G felony and must be fined not less than $600 and imprisoned for

not less than six months. A person who commits a fifth or sixth OWI is guilty of a

Class G felony and the person must be fined not less than $600 and must be

imprisoned for not less than six months. A person who commits a seventh, eighth,

or ninth OWI is guilty of a Class F felony and the confinement portion of a bifurcated

sentence imposed on the person may not be less than three years. A person who

commits a tenth or greater OWI is guilty of a Class E felony and the confinement

portion of a bifurcated sentence imposed on the person may not be less than four

years.

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.