Friday, July 25, 2008

New Law: HB 2643 OUI & DUI Related Legislation

OUI

  • Removes a civil penalty for refusing a test for alcohol concentration or drug content
  • For a first violation, stipulates that an offender be sentenced to at least 10 days in jail, except under certain conditions, whereby the sentence may be suspended if the offender completes drug or alcohol treatment. Allows a judge to order drug or alcohol screenings or community restitution.
  • For a second violation within 48 months, allows a judge to suspend all but 30 days of the sentence, only if the offender did not recklessly endanger a person. Requires a person to perform 30 hours of community restitution.
  • Makes changes to the definition and classification of Aggravated OUI. Requires an Aggravated or Extreme OUI offender to pay an additional assessment of $250, which is directed to the DUI Abatement Fund. Separates Extreme OUI into two categories for offenders with a blood alcohol concentration (BAC) between .15 and 2.0 and 2.0 and above, and specifies separates penalties and fines for each.

DUI

  • Permits a person whose driving license has been suspended for refusing a test for alcohol concentration or drug content, or or vehicular homicide involving DUI, to have their license reinstated only if they complete alcohol or drug screening.
  • Separates Extreme DUI into two separate categories for offenders with BAC between .15 and .20 and 2.0 and above, and specifies separate penalties and fines for each. Prohibits a judge from suspending any portion of an extreme DUI jail term.
  • Allocates five percent of a restaurant's annual fee to the DUI Abatement Fund

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