Penalties for operating-while-intoxicated offenses and providing a penalty. (FE)

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Who's behind it

10 lawmakers are its authors⁠. All 10 are Republicans.

5 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DA
• Fiscal Estimate From DOC
• Fiscal Estimate From DOJ
• Fiscal Estimate From DOT
• Fiscal Estimate From SPD

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories
• LC Amendment Memo