Penalty For Driving Under Restraint

Under current law, the penalty for driving under restraint due to a first alcohol-related offense is imprisonment in the county jail for not less than 30 days to not more than one year and a fine of not less than $500 to not more than $1,000. The bill increases the minimum penalty to not less than 60 days and not less than $1,000 to not more than $2,000.

Under current law, the penalty for driving under restraint due to a second or subsequent alcohol-related offense is imprisonment in the county jail for not less than 90 days to not more than 2 years and a fine of not less than $500 to not more than $2,000. The bill increases the minimum penalty to not less than 120 days and not less than $2,000 to not more than $4,000.

If a person drives negligently while under restraint due to an alcohol-related offense and the person's conduct is a proximate cause of another person's death, the person commits a class 5 felony.

(Note: This summary applies to this bill as introduced.)