The bill would amend the Penal Code by creating the offense of aggravated driving while intoxicated.  A person would commit the offense of aggravated driving while intoxicated if the person while driving has an alcohol concentration of 0.16 or more, or has an alcohol concentration level of 0.02 or more and is operating a commercial vehicle used to transport passengers or property. The minimum punishment for the offense of aggravated driving while intoxicated would be a Class A misdemeanor, the bill would also provide that such offenders would serve a minimum term of confinement of 30 days. The bill would also amend the enhanced offenses and penalties provision of the Penal Code by including the offense of aggravated driving while intoxicated in the conditions for which the punishment for various intoxication offenses can be enhanced to a felony of the third degree based on previous intoxication offense convictions.
 
A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.
 
A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
 
To provide an idea of the potential impact of the bill, the Department of Public Safety (DPS) reported 1,417 DWI convictions in which the person had a blood alcohol content level of .16 or greater for fiscal years 2005 through 2008.   However, DPS is currently working with county and district courts to improve the reporting and collection of blood alcohol content information for DWI convictions.  In fiscal year 2008, there were 3,755 felony community supervision placements and 23,647 misdemeanor community supervision placements for the offense of driving under the influence.  Blood alcohol content information is not available for either felony or misdemeanor community supervision placements. 

Alcohol concentration level information is not contained with statewide criminal history data or records, and there is no central repository of information for the number of alcohol concentration level tests of 0.02 or more for commercial motor vehicle operators.  Therefore, the number of offenders with punishments enhanced to the level of felony of the third degree as a result of the bill can not be determined.