The utilization of these laws for both new offenses and enhanced penalties for current offenses depend upon actions of prosecutors and the courts. At this time, the DOC is unable to determine the number of people that would be convicted under the provisions of this proposal to estimate the potential need for additional capital improvements. No direct fiscal impact to small businesses would be expected as a result of this proposal. This proposal makes a number of changes to statutes regarding blood alcohol content traffic violations. A misdemeanor for the first offense.
Persistent offenders are guilty of a class B felony.
Repeat offenders are guilty of a class D felony. A misdemeanor for the first violation and a class D felony for the second and subsequent violations. This legislation is federally mandated under the Transportation Equity Act for the 21 st Century Restoration Act which requires states to enact Repeat Intoxicated Drivers Laws. It would not duplicate any other program, would not require additional capital improvements or rental space.