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SB 836 - This act specifies that any circuit court may establish a docket or court to dispose of cases where a person has pleaded guilty to driving while intoxicated or driving with excessive blood alcohol content. A person is eligible for this docket or court if he or she operated a motor vehicle with at least .15 blood alcohol content, or has had a previous conviction for an intoxication-related traffic offense. The existing Drug Courts Coordinating Commission and the Drug Court Resources Fund are expanded to include DWI courts. DWI courts may operate in conjunction with drug courts and drug court commissioners may preside over DWI courts. The DWI court has authority to grant a limited driving privilege to participants in the program. The DWI court may not grant the limited driving privilege to individuals who are otherwise prohibited by law from having a limited driving privilege, except certain participants who would have otherwise had their licenses revoked for a year or would not be eligible to apply for a limited driving privilege for two years may be granted a limited driving privilege. For a first DWI offense, if the individual had a blood alcohol content (BAC) of at least .15, the minimum jail time shall be 48 hours, unless the person participates in a DWI court program. If the individual had a BAC of at least .20, the minimum jail time shall be 5 days, unless the person participates in a DWI court program. If a first-time DWI or driving with excessive BAC offender has a BAC higher than .15, they may not receive suspended imposition of sentence. The minimum jail time for a person who has a prior intoxication-related traffic offense is increased from five to ten days, unless the person participates in the existing community service option, or in the DWI court program. The minimum jail time for a person who is considered a persistent offender is increased from ten to thirty days, unless the person participates in the existing community service option, or in the DWI court program. Currently, a state, county, or municipal court must determine if a defendant is a prior, persistent, chronic, or aggravated offender with multiple intoxication-related traffic offenses. In such instances, if the court is municipal, after making such a finding, the court shall transfer the case to an appropriate circuit court with jurisdiction for further proceedings. Also, under this act, a municipal court must make a preliminary finding as to whether the defendant was operating a vehicle with a BAC of at least .15 or refused to submit to chemical testing by law enforcement. If either is found by the municipal court, the case shall be transferred to a circuit court with jurisdiction for further proceedings. Currently, a person who refuses to submit to chemical testing for an intoxication-related offense shall have his or her license revoked for a period of one year. Under this act, the period of revocation is extended to two years. This act requires law enforcement agencies and prosecuting attorney offices to provide relevant information regarding intoxication-related offenses in their jurisdictions to the highway patrol's driving while intoxicated tracking system (DWITS). If such agencies or offices fail to enter the information into DWITS, the governor may withhold its appropriated state funding. The highway patrol shall collect and analyze information received through the DWITS website. At least once per year, the highway patrol shall issue accountability reports regarding agencies and offices compliance with this requirement. EMILY KALMER
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