Those who oppose the bill say that incidents of drunk driving are declining, which can be attributed to a variety of responsible drinking programs. Opponents also say that the majority of accidents are caused by drinkers with very high BAC levels and repeat offenders, which should be the focus of the bill. Opponents say that the penalties for repeat, persistent, and prior offenders are too severe, since the penalties can apply for any subsequent offense, without regard to the number of years between offenses. Opponents also say that the ban on open containers of alcohol should apply only to the driver, not other passengers in a vehicle. A misdemeanor for the first offense.
Persistent offenders are guilty of a class B felony.
A felony for a fifth and subsequent violation. A misdemeanor for the first violation and a class D felony for the second and subsequent violations. Involuntary manslaughter in the first degree includes causing the death of another while operating a vehicle or boat in an intoxicated condition. Involuntary manslaughter in the first degree is increased from a class C to a class B felony. Involuntary manslaughter in the second degree is committed when a person recklessly causes the death of another and is a class C felony.