AB 536

This bill increases the penalties for fourth or subsequent drunken driving

offenses, eliminates a special penalty for certain fourth drunken driving offenses,

and changes the definition of "injury" for certain purposes.

Under current law, a person who commits a fourth 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 60 days nor more than one year. 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 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 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.

Also under current law, the penalty is greater for a fourth OWI offense if the

fourth offense is committed within five years of a prior offense. Under this bill, all

fourth OWI offenses are subject to the same penalty regardless of how much time has

passed since the previous OWI offense.

Under current law, no person may cause injury to another person by the

operation of a vehicle while under the influence of an intoxicant or other drug

(OWI-related injury). "Injury" is defined for the purposes of the prohibition on

OWI-related injury as "bodily injury that causes a laceration that requires stitches,

staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia;

a temporary loss of consciousness, sight, or hearing; a concussion; or a loss or fracture