AB 71

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 offense)

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 offense

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 offense

within five years of a prior offense 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 fifth or sixth OWI offense 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 offense 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 offense 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 six months, or both; the penalty for a Class

G felony is a fine not to exceed $25,000 or imprisonment not to exceed ten years, or

both; and the penalty for a Class H felony is a fine not to exceed $10,000 or

imprisonment not to exceed six years, or both.

Under this bill, a person who commits a third OWI offense 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 offense 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 offense

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 offense 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 offense 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 offense 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.