AB 352

Under current law, generally, a first violation of operating a vehicle while under

the influence of an intoxicant, with a detectable amount of a restricted controlled

substance in one's blood, or with a prohibited alcohol concentration (OWI-related

violation), is a traffic violation punishable by a civil forfeiture. Current law allows

local units of government to enact ordinances in conformity with the state traffic law

that punishes most first OWI-related offenses as a civil violation.

Under current law, a person who receives a citation for an OWI-related civil

traffic violation or who receives a citation for an ordinance in conformity with the

OWI-related traffic violation may opt to appear in court to plead not guilty to the

violation or may opt to pay the forfeiture associated with the violation and avoid an

appearance in court. Generally, a person who pays the forfeiture associated with the

violation is considered to have pled guilty or no contest to the charge.

Under this bill, a person who receives a citation for an OWI-related civil traffic

violation or who receives a citation for an ordinance in conformity therewith is

required to appear in court to plead guilty, no contest, or not guilty to the charge.

Under the bill, if the person fails to appear in court, the court is required to enter a

default judgment against the person and impose the applicable penalties, except that

the court must withhold imposing a forfeiture until the person appears in person

before the court. Under the bill, the court issues a warrant for the person's arrest so

that the person may appear before the court in order for the court to impose a

forfeiture. Additionally, under the bill, the person is required to pay a $300

surcharge that is retained by the municipal court or the clerk of circuit court to offset

the costs of holding a hearing to impose the forfeiture.