SB 866

This bill provides sentencing alternatives for persons who commit certain

second or third offenses related to operating a motor vehicle while intoxicated (OWI).

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

OWI-related offense is subject to a fine and a term of imprisonment. For a second

OWI-related offense, the term of imprisonment is not less than five days nor more

than six months, and for a third offense the term of imprisonment is not less than

45 days nor more than one year. If the person commits an OWI-related offense while

operating a commercial vehicle, for a second offense the term of imprisonment is not

less than five days nor more than six months, and for a third or subsequent offense,

the term of imprisonment is not less than 45 days nor more than one year.

Under the bill, if a court places on probation a person who commits his or her

second or third OWI-related offense 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 he or she would be subject to

under current law, 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.

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

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

his or her lifetime.