SENATE BILL REPORT

SB 6793

BYSenators Thorsness, Rasmussen, Metcalf, Craswell, Amondson, Johnson, Stratton, Lee, Smith and McCaslin

Pertaining to driving while under the influence of alcohol or drugs.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 25, 1990

Senate Staff:Vicki E. Schur (786-7415)

AS OF JANUARY 25, 1990

BACKGROUND:

Penalties for driving while under the influence of drugs or alcohol include imprisonment and fines.  The penalty for a first offense is a mandatory minimum of 24 hours and up to one year imprisonment and a mandatory fine of $250 and up to $1,000.  A second offense carries a minimum sentence of seven days and up to one year imprisonment and a mandatory fine of $500 and up to $2,000.

Problems of jail overcrowding have prompted a search for sentencing alternatives.

SUMMARY:

Eight hours of community service may be substituted for one day of total confinement for a person convicted of driving while under the influence, with a maximum conversion limit of 240 hours or 30 days.  A first offender may perform community service in lieu of all jail time; a second offender must serve the mandatory seven day jail sentence and may perform community service in lieu of any additional jail time.  Such community service shall be performed while dressed in distinctive garb which identifies the offender as having been convicted of driving while under the influence.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 25, 1990