SB 9

This bill criminalizes a first offense relating to operating a vehicle while

intoxicated (OWI-related offense).

Under current law, a first OWI-related offense is a civil violation, unless there

was a minor passenger under the age of 16 in the vehicle at the time of the offense.

A person who commits a civil OWI-related offense is subject to a forfeiture of not less

than $150 nor more than $300. Subsequent OWI-related offenses are crimes

punishable by fines and periods of imprisonment that increase with every

subsequent offense.

Current law increases the penalty for a second OWI-related offense if the

person committed the second offense within ten years of the first offense or if the

person committed an OWI-related offense that caused death or great bodily harm

to another.

Under this bill, a person who commits a first OWI-related offense is guilty of

a Class C misdemeanor and may be fined up to $500, imprisoned for up to 30 days,

or both. Under the bill, a person who commits a second OWI-related offense is

subject to the increased penalties regardless of whether the person commits the

offense within ten years of his or her first OWI-related offense.

Under the bill, a court may, upon petition by the person who has been convicted

of a first OWI-related offense, vacate the person's criminal conviction and amend the

record to a civil violation if, in the five years since the person was convicted of the

offense, he or she has not committed any other OWI-related offense. Under the bill,

the clerk of courts amends the court records that are available in person and online

to show only the civil violation.

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.