Existing law prohibits a person who has 0.08% or more, by weight, of alcohol in their blood from driving a vehicle. Existing law also prohibits a person while having 0.08% or more, by weight, of alcohol in their blood from driving a vehicle and concurrently doing any act forbidden by law, or neglecting any duty imposed by law in driving the vehicle, when the act or neglect proximately causes bodily injury to a person other than the driver. A violation of either of these prohibitions is a crime.
Existing law requires the Department of Motor Vehicles to immediately suspend a person’s privilege to operate a motor vehicle for a specified period of time if the person has driven a motor vehicle when the person had a certain blood-alcohol concentration. Existing law also requires the department to suspend or revoke the driving privilege of a person
who refuses an officer’s request or fails to complete a chemical test or tests, as specified. Existing law authorizes certain individuals whose privilege is suspended or revoked pursuant to that provision to receive a restricted driver’s license if specified requirements are met, including the completion of specified periods of license suspension or revocation and, in some instances, the installation of an ignition interlock device on the person’s vehicle.
Existing law authorizes a person arrested and charged with an offense to be released from custody, as specified, under reasonable conditions imposed by the court.
This bill would authorize a court to order participation in a “24/7 sobriety program” as a condition of pretrial release
for a person who has been charged with convicted of a driving under the influence offense within 10 years after a previous driving under the influence conviction. The bill would define a “24/7 sobriety program,” in part, as requiring a person in the program to abstain from alcohol and unauthorized controlled substances and be subject to frequent testing for alcohol and controlled substances, as specified. The bill would require a person participating in the program to pay the program costs, commensurate with the person’s ability to pay, as specified. The bill would require the Office of Traffic Safety to include information about the program in the Highway Safety Plan and in any applications for federal highway safety grants.