HB 921 -- Alcohol Related Driving Offenses

Sponsor:  Barnett

In its revisions of state law pertaining to alcohol related
driving offenses, this bill:

(1) Enhances the punishment for the first driving while
intoxicated (DWI) offense from a class B to a class A
misdemeanor punishable by the suspension of the offender's
driver's license and driving privileges for 6 months;

(2) Enhances the punishment for the first offense of driving
with excessive blood alcohol content (BAC) from a class C to a
class A misdemeanor punishable by the suspension of the
offender's driver's license and driving privileges for 6 months;

(3) Removes from the definition of a persistent offender for
intoxication related offenses, the restriction that the 2
offenses must occur within 10 years of the current offense for
which the offender is charged;

(4) Removes from the definition of a prior offender for an
alcohol related offense the restriction that the prior offense
must occur within 5 years of the current offense for which the
offender is charged;

(5) Mandates that a person who pleads guilty to or is convicted
of DWI or BAC as a prior offender suffer suspension of driving
privileges and driver's license for one year.  Under current law
a prior offender has committed a class A misdemeanor only;

(6) Requires that a person who pleads guilty to or is convicted
of DWI or BAC as a persistent offender suffer suspension of
driving privileges and driver's license for 5 years.  Under
current law a persistent offender has committed a class D felony
only; and

(7) Prohibits the suspended imposition of sentence or the
eligibility for parole or probation for prior or persistent
offenders unless they serve at least 5 days imprisonment or one
month of court supervised community service.  Under current law
prior or persistent offenders must serve 48 hours imprisonment
or 10 days of community service to qualify for parole or
probation.