AB 445

This bill imposes a mandatory minimum period of confinement in prison for

certain repeat offenders. Under current law, no person may operate a motor vehicle

under the influence of an intoxicant, a controlled substance, a controlled substance

analog or any combination thereof, under the influence of any substance to a degree

that renders him or her incapable of safely driving, with a detectable amount of a

restricted controlled substance in his or her blood, or with a prohibited alcohol

concentration (OWI offense). Penalties for committing an OWI offense increase with

each prior violation. Under current law, a person who commits a fifth or sixth OWI

offense is guilty of a Class H felony and may be fined up to $10,000, imprisoned for

up to six years, or both. Under current law, a person who commits a fifth or sixth OWI

offense must be fined at least $600 and imprisoned for at least six months.

Under this bill, the maximum fine and maximum period of imprisonment for

a person who commits a fifth or sixth OWI offense are not changed. The bill requires

a sentencing court to impose a sentence that orders the person to spend at least 18

months confined in prison.