SB 72

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

fifth and sixth offenses of operating a motor vehicle while intoxicated (OWI).

Under current law, it is an OWI offense to operate a motor vehicle while 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. Under current law, a person who commits a fifth or sixth OWI offense

is guilty of a Class G felony and may be fined up to $25,000, imprisoned for up to ten

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, for a fifth or sixth OWI offense, a sentencing court is required

to impose a sentence that orders the person to spend at least 18 months confined in

prison.