House of Representatives
Office of Program Research
Public Safety Committee
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.
Brief Description: Making felony driving under the influence of intoxicating liquor, marijuana, or any drug a class B felony.
Sponsors: Representatives Klippert, Fey, Haler, Hayes and Morrell.
Hearing Date: 2/4/14
Staff: Yvonne Walker (786-7841).
A person can commit Driving Under the Influence (DUI) or being in Physical Control (PC) of a motor vehicle Under the Influence of intoxicating liquor or any drug if the person drives with a blood or breath alcohol concentration of 0.08 or higher, a THC (tetrahydrocannabinol) concentration of 5.0 or higher, or is Under the Influence of or affected by liquor or any drug. A DUI/PC offense is punishable as a gross misdemeanor. It becomes a class C felony if a person has four or more prior offenses within 10 years.
A class C felony carries a maximum sentence of five years in prison, a maximum fine of $10,000, or both imprisonment and a fine.
Summary of Bill:
A felony level DUI offense is increased to a class B felony offense (from a class C felony). The statutory maximum sentence for a class B felony offense is 10 years in prison, a maximum fine of $20,000, or by both imprisonment and a fine.
Fiscal Note: Requested on January 30, 2014.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.