Relating to operating a motor vehicle while intoxicated and causing injury, and providing penalties

Under current law, a person who unintentionally causes the death of another by operating a motor vehicle while intoxicated (OWI) commits a class “B” felony. A person who unintentionally causes a serious injury by OWI commits a class “D” felony. “Serious injury” is defined to include disabling mental illness; bodily injury which creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ; any injury to a child that requires surgical repair and necessitates the administration of general anesthesia; and skull fractures, rib fractures, and metaphyseal fractures of the long bones of children under the age of four years. This bill provides that a person who unintentionally injures another person, but does not cause serious injury, by OWI commits an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A person committing a second or subsequent violation of the bill commits a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.