Penalties For Felony DUI Offenders

Under current law, a person who commits a fourth or subsequent DUI offense commits a class 4 felony. If a court sentences the person to probation, the bill requires the court to order as a condition of probation one of the following:

• Require the defendant to serve at least 90 days but not more than 180 days imprisonment in the county jail. During the mandatory 90-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction.
• Require the defendant to serve at least 120 days but not more than 2 years of imprisonment in the county jail through participation in an alternative sentencing program if such programs are available through the county in which the defendant is imprisoned and only for certain purposes. During the mandatory 120-day period of imprisonment, the defendant is not eligible for good-time deductions of his or her sentence or for trusty prisoner status; except that a defendant receives credit for any time that he or she served in custody for the violation prior to his or her conviction.

Additionally, the bill states that if the court sentences such an offender to a term of probation, the court, as a condition of probation, shall:

• Require the defendant to complete at least 48 hours but not more than 120 hours of useful public service, which may not be suspended;
• Include, as a condition of the defendant's probation, a requirement that the defendant complete a level II alcohol and drug driving safety education or treatment program at the defendant's own expense; and
• Consider imposing certain other conditions of probation.
  (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)