HB 11-1268 Summary

• Courts may suspend mandatory minimum jail sentences for first-time DUI/DWAI offenders if the offender completes a presentence or postsentence alcohol and drug evaluation and satisfies all financial obligations of a Level I or Level II treatment program.

• Probation for first-time DUI/DWAI offenders is now discretionary rather than mandatory, while probation remains mandatory for second and subsequent offenders.

• Courts gain discretion to suspend fines imposed for DUI, DUI per se, DWAI, and habitual user convictions across all offense levels (first, second, and third+ offenses).

• Alcohol and drug evaluations may be conducted after sentencing in certain cases where the defendant has no prior convictions or both the defendant and prosecuting attorney stipulate to prior convictions and neither objects to immediate sentencing.

• Restitution is required as a condition of probation sentences for repeat DUI offenders, in accordance with existing victim restitution provisions.