This bill makes changes to rules of criminal procedure governing persons with more than one conviction for driving under the influence (DUI), as described below.
Present law requires a person convicted of DUI for a second time to be sentenced to serve in the county jail or workhouse at least 45 consecutive days but not more than 11 months and 29 days. After sentencing the person to a period of confinement, as a condition of probation, present law authorizes the judge to order the person to participate in a substance abuse treatment program, which includes any aftercare recommended by the program, licensed or certified by the department of mental health and substance abuse services, which includes a certified drug court or DUI court, if the person first:
(1) Completes a clinical substance abuse assessment; and
(2) Serves at least 25 days of the period of incarceration imposed.
This bill reduces the amount of days required in (2) from 25 to 17.
This bill requires the court, upon a third or subsequent conviction for DUI involving the use of alcohol, to order the person to wear a transdermal alcohol monitoring device for a minimum period of 90 days of continuous sobriety without any confirmed drinking or tampering events upon release on probation. This bill authorizes the judge to waive this requirement if the person has already completed a 90-day period of continuous sobriety as a condition of release on bail.
Under present law, if the judge or magistrate determines that a person charged with vehicular assault, vehicular homicide, or aggravated vehicular homicide on or after July 1, 2015, has a prior alcohol-related conviction, then the use of a transdermal monitoring device is required to be a condition of the person's bail agreement.
This bill adds to the above provision that if a person is charged with a third or subsequent offense of DUI of an intoxicant and the alleged offense involved the use of alcohol, then the judge or magistrate is required to order the person, upon release on bail, to wear a transdermal alcohol monitoring device for a minimum period of 90 days of continuous sobriety without any confirmed drinking or tampering events, unless the person's criminal case is resolved prior to the completion of the 90-day period.
ON MARCH 16, 2023, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 328, AS AMENDED.
AMENDMENT #1 corrects the typo "tamper events" in Section 2 to "tampering events".
AMENDMENT #2 revises present law provisions governing penalties for violations of the offense of DUI, by adding that a person convicted for a third or subsequent DUI is required to pay all costs associated with an ignition interlock device, transdermal monitoring device, global positioning monitoring system, or any other monitoring device and is not eligible for electronic monitoring indigency fund assistance, regardless of whether the person is indigent.

Statutes affected:
Introduced: 55-10-402(a)(2)(B)(ii), 55-10-402, 55-10-410, 55-10-410(a)(1)(A)(iii), 40-11-118(f)(1), 40-11-118
Amended with SA0019, SA0204 -- 03/16/2023: 55-10-402(a)(2)(B)(ii), 55-10-402, 55-10-410, 55-10-410(a)(1)(A)(iii), 40-11-118(f)(1), 40-11-118, 55-10-402(d)