SB 786

This bill provides sentencing alternatives for persons who commit certain

second, third, or fourth offenses related to operating a motor vehicle while

intoxicated. Under the bill, a court may sentence a person who commits his or her

second, third, or fourth OWI-related offense to probation with a reduced minimum

period of confinement in prison if, as a condition of probation, the court requires the

person to take a therapeutically indicated dose of the drug naltrexone or to follow a

nonpharmacological treatment plan.

Under current law, with certain exceptions, a person who commits a second

OWI-related offense is subject to a fine of not less than $350 nor more than $1,100

and imprisonment for not less than five days nor more than six months. A person

who commits a third OWI-related offense is subject to a fine of not less than $600

nor more than $2,000 and imprisonment for not less than 45 days nor more than one

year. A person who commits a fourth OWI-related offense more than five years after

his or her most recent previous OWI-related offense is subject to the same fine and

maximum period of imprisonment as a person who commits a third OWI-related

offense, but his or her period of imprisonment may not be less than 60 days.

A person who operates a commercial motor vehicle with a prohibited alcohol

concentration is subject, for a second offense, to a fine of not less than $300 nor more

than $1,000 and imprisonment for not less than five days nor more than six months.

For a third or subsequent offense, a person who operates a commercial motor vehicle

with a prohibited alcohol concentration is subject to a fine of not less than $600 nor

more than $2,000 and imprisonment for not less than 45 days nor more than one year.

Under the bill, if a court sentences a person to probation and requires the

person to take a therapeutically indicated dose of the drug naltrexone or follow a

nonpharmacological treatment plan, the person is subject to the same fine but his

or her period of imprisonment is reduced if he or she successfully completes

probation.

For a person who commits a second OWI-related offense or a second offense

related to operating a commercial vehicle with a prohibited alcohol concentration,

the period of imprisonment is five to seven days. For a person who commits a third

OWI-related offense or a third offense related to operating a commercial vehicle with

a prohibited alcohol concentration, the period of imprisonment is not less than 14

days. For a person who commits a fourth OWI-related offense or a fourth offense

related to operating a commercial vehicle with a prohibited alcohol concentration

more than five years after his or her most recent previous OWI-related offense, the

period of imprisonment is not less than 29 days.

Under the bill, a person may not be sentenced under this alternative sentencing

or under another sentencing alternative for OWI-related offenses more than once in

his or her lifetime.