FINAL BILL REPORT

HB 2280

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.

C 87 L 16

Synopsis as Enacted

Brief Description: Making felony driving under the influence of intoxicating liquor, marijuana, or any drug a class B felony.

Sponsors: Representatives Klippert and Hayes.

House Committee on Public Safety

House Committee on General Government & Information Technology

Senate Committee on Law & Justice

Background:

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 (BAC) 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 offense is punishable as a gross misdemeanor. It becomes a seriousness level V, class C felony offense if a person has four or more prior offenses within 10 years or has previously been convicted of a Vehicular Homicide or Vehicular Assault offense, while under the influence of intoxicating liquor or any drug.

The statutory maximum sentence for a class C felony is five years in prison, a maximum fine of $10,000, or both imprisonment and a fine. The statutory maximum sentence for a class B felony offense is 10 years in prison, a maximum fine of $20,000, or both imprisonment and a fine.

Summary:

A felony level DUI/PC offense is increased to a class B felony offense (from a class C felony).

Votes on Final Passage:

House

97

0

Senate

47

0

Effective:

June 9, 2016