Under present law, a person commits aggravated vehicular assault if the person commits vehicular assault and has two or more prior convictions for driving under the influence of an intoxicant or has one or more prior convictions for vehicular assault, vehicular homicide, or aggravated vehicular homicide. Additionally, a person commits aggravated vehicular assault if the person has an alcohol concentration in the person's blood or breath of 20% or more at the time of the offense and has one prior conviction for driving under the influence of an intoxicant, or boating under the influence. Under present law, a person commits aggravated vehicular homicide if the person has two or more prior convictions for driving under the influence of an intoxicant or boating under the influence, vehicular assault, or any combination of such offenses. Additionally, a defendant commits aggravated vehicular homicide when they have one or more prior convictions for the offense of vehicular homicide. Present law also provides if at the time of the offense, there was 20% or more, by weight of alcohol in the defendant's blood and the defendant has one prior conviction for driving under the influence of an intoxicant or boating under the influence, or vehicular assault, then the defendant has committed aggravated vehicular homicide. This bill lowers from 20% to 15% the minimum weight of alcohol concentration in the provisions described above that is required to be convicted of aggravated vehicular assault or aggravated vehicular homicide.

Statutes affected:
Introduced: 39-13-115(b)(2)(A), 39-13-115, 39-13-218(a)(3), 39-13-218