- Introduced -

SB 546 - This act creates the crime of driving with an aggravated blood alcohol content for operation of vehicle with .15% BAC level. The first offense is a Class B misdemeanor. Second and subsequent offenses track the current criminal penalties for repeat DWI and BAC violations.

Persons guilty of aggravated BAC must complete a new substance abuse traffic offender program for repeat or problem offenders. The period of license suspension, revocation or denial is the same as for DWI offenses, except offenders are not eligible to receive a limited driving privilege during any period of license suspension, revocation or denial.

The Division of Alcohol and Drug Abuse of the Department of Mental Health shall review programs in other states for serious or repeat offenders in order to determine the contents of the new program. The Division shall conduct an annual review of its program to study its effectiveness and cost efficiency. The offender shall pay the cost of the program, and the court shall order restitution to the state in the amount of any fees paid by the state on behalf of the offender.

JOAN GUMMELS