AB 16

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 for a person 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.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.