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2004 SESSION

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SB 384 Driving under influence of alcohol or drugs; mandatory minimum sentence of 3rd offense, joint pros.

Introduced by: Thomas K. Norment, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Enhanced punishment for third DUI, etc. Increases the mandatory minimum sentence for a second DUI within five years from five to 20 days, establishes a mandatory minimum for a second within 10 years to 10 days, a third within 10 years from 60 to 90 days and a third within five years from 30 to 180 days. The blood alcohol level required for additional mandatory minimum penalties is lowered by .05 percent. The bill also extends the seven-day administrative operator's license suspension for a DUI arrest to 60 days for a second alleged offense, and until trial for a third alleged offense. In addition, the sentence of a person convicted of DUI while driving on a revoked license who has previously been convicted of DUI is to run concurrently with any other sentence.

SUMMARY AS PASSED SENATE:

Enhanced punishment for third DUI, etc. Provides that a third DUI can always be a felony, by removing the provision that in order for the third DUI to be a felony all convictions must have occurred within the last 10 years. The bill also increases the mandatory minimum for a third DUI from 10 days to 30 and if the three DUIs occur in five years the mandatory minimum is 60 days. The blood alcohol level required for additional mandatory minimum penalties is lowered. The bill also provides that when a person is charged with both DUI and reckless driving growing out of the same acts, is tried simultaneously and is convicted of DUI, the court shall dismiss the reckless driving charge. Currently, when a person is charged with both and is convicted of one or the other, the remaining charge is dismissed. The bill also extends the seven-day administrative suspension for a DUI arrest until appeals are exhausted if the person has previously been convicted of a DUI related offense. In addition, the sentence of a person convicted of DUI while driving on a revoked license who has previously been convicted of DUI is to run concurrently with any other sentence.

SUMMARY AS INTRODUCED:

Enhanced punishment for third DUI, etc. Provides that a person charged with third offense DUI is rebuttably presumed ineligible for bail. The bill removes the 10-year limit on third DUI enhanced penalties and provides that whenever any person is convicted of DUI, the court shall dismiss any reckless driving charge. Currently, when a person is charged with both and is convicted of one or the other, the remaining charge is dismissed.