SB 1111

This bill makes several changes to statutes related to operating a motor vehicle while under the influence of an intoxicant or other drug, with a prohibited alcohol concentration, or with a measurable amount of a controlled substance in his or her blood (OWI offenses). Specifically, the bill 1) expands the ignition interlock device (IID) requirement to additional OWI offenses, 2) eliminates an exception to the penalties for certain repeat OWI offenses, and 3) includes certain underage drinking offenses in the list of prior offenses counted in determining the penalty for an OWI offense.

Under current law, if a person is convicted of a second or subsequent OWI offense or if a person is convicted of a first OWI offense for which his or her alcohol concentration is 0.15 or greater, a court must order the person’s operating privilege restricted to operating vehicles that are equipped with an IID. The bill expands the ignition interlock requirement to first OWI offenses for which the person’s alcohol concentration is 0.08 or greater.

Current law increases the penalty for a second OWI offense if the person committed the second offense within 10 years of the first offense. Under the bill, a person who commits a second OWI offense is subject to the increased penalties regardless of whether the person commits the offense within 10 years of his or her first OWI offense.

Under current law, the sentence a person faces for certain OWI offenses depends on the number of prior OWI offenses that the person has committed. Also under current law, a person's operating privilege may be revoked if a person is convicted of certain OWI offenses. The length of that revocation depends on the number of prior OWI offenses that the person has committed. Current law provides a list of the types of prior OWI offenses that must be counted for the purposes of sentencing or operating privilege revocation. The offenses on this list include driving a motor vehicle while under the influence of an intoxicant; driving a motor vehicle with a prohibited blood alcohol concentration; causing injury, great bodily harm, or death while driving a motor vehicle while under the influence of an intoxicant; and improperly refusing to submit to a test to determine the alcohol concentration in the person's blood.

The bill adds underage drinking offenses that involve the violator consuming alcohol beverages and operating a motor vehicle to the list of offenses described above.

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.

Because this bill proposes to revoke a person’s operating privilege upon conviction for an offense, the Department of Transportation, as required by law, will prepare a report to be printed as an appendix to this bill.