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SB-177 Driver’s license: DUI: ignition interlock.(2007-2008)

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SB177:v98#DOCUMENT

Amended  IN  Senate  April 09, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 177

Introduced  by  Senator Migden
 (Principal Coauthor(s): Assembly Member Spitzer)
Lieu (Coauthor(s): Assembly Member Adams, Benoit, Blakeslee, Cook, DeSaulnier, DeVore, Duvall, Emmerson, Gaines, Galgiani, Horton, Jeffries, La Malfa, Lieu, Maze, Nakanishi, Parra, Plescia, Sharon Runner, Strickland, Villines)
 (Coauthor(s): Senator Maldonado, Scott)

February 05, 2007

An act to amend Sections 13352, 14602.6, and 23575 of 13350, 13352, 13352.4, 13352.5, 13353.3, 13353.5, 13353.7, 23247, 23502, 23536, 23538, 23546, 23548, 23550.5, 23575, and 23576 of, to amend, renumber, and add Section 13352.6 of, to add Sections 13352.7, 13352.8, 13352.81, 13352.82, 13352.85, 13353.71, 13353.72, 13353.73, and 23575.5 to, and to repeal Section 13352.1 of, the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 177, as amended, Migden. Driver’s license: DUI: ignition interlock.
(1) Existing law requires a person’s privilege to operate a motor vehicle to be suspended or revoked for a specified period of time if the person has been convicted of violating specified provisions prohibiting driving a motor vehicle while under the influence of an alcoholic beverage or drug or the combined influence of an alcoholic beverage or drug, or with 0.08% or more, by weight, of alcohol in his or her blood or who is addicted to the use of any drug. The time for which the privilege is suspended depends on specified circumstances, including prior convictions of driving under the influence offenses within a specified time period. Existing law authorizes a person whose privilege is suspended or revoked in that manner to receive a restricted driver’s license if specified requirements are met, including, in some instances, the installation of an ignition interlock device on the person’s vehicle.
This bill would revise and recast those suspension, revocation, and restriction provisions, including, but not limited to, by increasing the periods of suspensions or revocations and imposing ignition interlock device requirements on a person whose license is suspended or revoked or applies for and receives a restricted driver’s license.
(2) Existing law requires the Department of Motor Vehicles to immediately administratively suspend the privilege of a person to operate a motor vehicle if the person was driving a motor vehicle when he or she had 0.08% or more, by weight, of alcohol in his or her blood. Existing law specifies the period of that suspension depending on specified circumstances, including prior convictions of related offenses within a specified time period. Existing law authorizes a person whose privilege was suspended in that manner to receive a restricted driver’s license if specified requirements are met.
The bill would revise and recast those provisions, including by authorizing restricted licenses in additional circumstances and imposing additional requirements with respect to ignition interlock devices on those restricted licenses.
(3) The bill would establish the Ignition Interlock Device Assistance Fund in the State Treasury. The money in the fund would be available, upon appropriation, to fund the installation of ignition interlock devices. The bill would require a person who is convicted of specified driving under the influence offenses to pay a fee of $100 to be deposited in the fund.
The bill would require the Director of Motor Vehicles to establish standards and criteria for implementing and maintaining an ignition interlock device assistance program.
(4) The bill would make numerous technical and conforming changes.
(5) Because it is a crime to operate a vehicle that is not equipped with a functioning, certified interlock device by a person whose driving privilege is so restricted, the bill would impose a state-mandated local program, by expanding the scope of that crime.
(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law authorizes a court to require a person convicted of a first offense violation of specified provisions prohibiting driving a motor vehicle while under the influence of alcohol or any drug or a combination of alcohol and any drug (DUI) to install a certified ignition interlock device on any vehicle that the person owns or operates and to prohibit that person from operating a motor vehicle unless it is so equipped.

This bill would require the court to require that a person convicted of a DUI offense to install a certified ignition interlock device on each vehicle that the person owns or operates and to prohibit that person from operating a motor vehicle unless that vehicle is so equipped. Because it is a crime to operate a vehicle that is not equipped with a functioning, certified interlock device by a person whose driving privilege is so restricted, this bill would impose a state-mandated local program by expanding the scope of that crime.

(2)Existing law allows a peace officer in conjunction with an immediate arrest to cause the removal and seizure of a motor vehicle when a person is driving a motor vehicle while his or her driving privilege is suspended or revoked, when driving a vehicle while his or her driving privilege is restricted to the operation of a motor vehicle that is equipped with a functioning ignition interlock device and the vehicle is not so equipped, and when driving without ever having been issued a driver’s license.

This bill would specify that for the purposes of the removal and seizure of a motor vehicle, an immediate arrest includes the issuance of a notice to appear.

(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13350 of the Vehicle Code is amended to read:

13350.
 (a) The department immediately shall revoke the privilege of any a person to drive a motor vehicle upon receipt of a duly certified abstract of the record of any a court showing that the person has been convicted of any of the following crimes or offenses:
(1) Failure of the driver of a vehicle involved in an accident resulting in injury or death to any a person to stop or otherwise comply with Section 20001.
(2) Any A felony in the commission of which a motor vehicle is used, except as provided in Section 13351, 13352, or 13357.
(3) Reckless driving causing bodily injury.
(b) If a person is convicted of a violation of Section 23152 punishable under Section 23546, 23550, or 23550.5, or a violation of Section 23153 punishable under Section 23550.5 or 23566, including a violation of paragraph (3) of subdivision (c) (b) of Section 192 191.5 of the Penal Code as provided in Section 193.7 of that code, the court shall, at the time of surrender of the driver’s license or temporary permit, require the defendant to sign an affidavit in a form provided by the department acknowledging his or her understanding of the revocation or suspension required by paragraph (5), (6), or (7) of subdivision (a) of Section 13352, and an acknowledgment of his or her designation as a habitual traffic offender. A copy of this affidavit shall be transmitted, with the license or temporary permit, to the department within the prescribed 10 days.
(c) The department shall not reinstate the privilege revoked under subdivision (a) until the expiration of one year after the date of revocation and until the person whose privilege was revoked gives proof of financial responsibility as defined in Section 16430.

SEC. 2.

 Section 13352 of the Vehicle Code is amended to read:

13352.
 (a) The department shall immediately suspend or revoke the privilege of a person to operate a motor vehicle upon the receipt of an abstract of the record of a court showing that the person has been convicted of a violation of Section 23152 or 23153 or subdivision (a) of Section 23109, or upon the receipt of a report of a judge of the juvenile court, a juvenile traffic hearing officer, or a referee of a juvenile court showing that the person has been found to have committed a violation of Section 23152 or 23153 or subdivision (a) of Section 23109. If an offense specified in this section occurs in a vehicle defined in Section 15210, the suspension or revocation specified below shall apply to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 15300 to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows:
(1) Except as required under Section 13352.1 or Section 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, the privilege shall be suspended for a period of six months one year.
The privilege may shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll, participate, and complete either program described in paragraph (4) of subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may shall not be given to any for program activities completed prior to the date of the current violation.
(2) Upon Except as required under Section 13352.8, upon a conviction or finding of a violation of Section 23153 punishable under Section 23554, the privilege shall be suspended for a period of one year two years. The privilege may shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23556. If the court, as authorized under paragraph (3) of subdivision (b) of Section 23646, elects to order a person to enroll, participate, and complete either program described in paragraph (4) of subdivision (b) of Section 23542, the department shall require that program in lieu of the program described in Section 23556. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may shall not be given to any for program activities completed prior to the date of the current violation.
(3) Except as provided in Section 13352.5, upon a conviction or finding of a violation of Section 23152 punishable under Section 23540, the privilege shall be suspended for two three years. The privilege may shall not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code as described in subdivision (b) of Section 23542. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any for program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the suspension period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:

(A)The person has satisfactorily provided, subsequent to the violation date of the current underlying conviction, either of the following:

(i)Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.

(ii)Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment.

(B)The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in subparagraph (A).

(C)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (e) of Section 13386.

(D)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.

(E)The person provides proof of financial responsibility, as defined in Section 16430.

(F)The person pays all administrative fees or reissue fees and any restriction fee required by the department.

(G)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.

(4) Except as provided in this paragraph required under Section 13352.81, upon a conviction or finding of a violation of Section 23153 punishable under Section 23560, the privilege shall be revoked suspended for a period of three four years. The privilege may shall not be reinstated until the person gives proof of financial responsibility, and the person gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23562. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any for program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:

(A)The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following:

(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.

(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in that 30-month program.

(B)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (e) of Section 13386.

(C)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.

(D)The person provides proof of financial responsibility, as defined in Section 16430.

(E)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.

(F)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.

(5) Except as provided in this paragraph required under Section 13352.6, upon a conviction or finding of a violation of Section 23152 punishable under Section 23546, the privilege shall be revoked suspended for a period of three five years. The privilege may shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of one of the following programs: an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any for program activities completed prior to the date of the current violation. The department shall advise the person that after completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:

(A)The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following:

(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.

(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program.

(B)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (e) of Section 13386.

(C)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.

(D)The person provides proof of financial responsibility, as defined in Section 16430.

(E)An individual convicted of a violation of Section 23152 punishable under Section 23546 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.

(F)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.

(G)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.

(6) Except as provided in this paragraph required under Section 13352.82, upon a conviction or finding of a violation of Section 23153 punishable under Section 23550.5 or 23566, the privilege shall be revoked suspended for a period of five seven years. The privilege may shall not be reinstated until the person gives proof of financial responsibility and proof satisfactory to the department of successful completion of one of the following programs: an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23568 or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any for program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:

(A)The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following:

(i)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program.

(ii)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment.

(B)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (e) of Section 13386.

(C)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.

(D)The person provides proof of financial responsibility, as defined in Section 16430.

(E)An individual convicted of a violation of Section 23153 punishable under Section 23566 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.

(F)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.

(G)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.

(7) Except as provided in this paragraph required under Section 13352.7, upon a conviction or finding of a violation of Section 23152 punishable under Section 23550 or 23550.5, or Section 23153 punishable under Section 23550.5, the privilege shall be revoked for a period of four years life. The privilege may shall not be reinstated pursuant to Section 13352.7 until the person gives proof of financial responsibility and proof satisfactory to the department of successful completion of one of the following programs: an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any for program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of 12 months of the revocation period, which may include credit for a suspension period served under subdivision (c) of Section 13353.3, the person may apply to the department for a restricted driver’s license, subject to the following conditions:

(A)The person has satisfactorily completed, subsequent to the violation date of the current underlying conviction, either of the following:

(i)The initial 12 months of an 18-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code.

(ii)The initial 12 months of a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, if available in the county of the person’s residence or employment, and the person agrees, as a condition of the restriction, to continue satisfactory participation in the 30-month driving-under-the-influence program.

(B)The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (e) of Section 13386.

(C)The person agrees to maintain the ignition interlock device as required under subdivision (g) of Section 23575.

(D)The person provides proof of financial responsibility, as defined in Section 16430.

(E)An individual convicted of a violation of Section 23152 punishable under Section 23550 may also, at any time after sentencing, petition the court for referral to an 18-month driving-under-the-influence program or, if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral.

(F)The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.

(G)The restriction shall remain in effect for the period required in subdivision (f) of Section 23575.

(8) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (e) of that section, the privilege shall be suspended for a period of 90 days to six months, if ordered by the court. The privilege may shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(9) Upon a conviction or finding of a violation of subdivision (a) of Section 23109 that is punishable under subdivision (f) of that section, the privilege shall be suspended for a period of six months, if ordered by the court. The privilege may shall not be reinstated until the person gives proof of financial responsibility, as defined in Section 16430.
(b) For the purpose of paragraphs (2) to (9), inclusive, of subdivision (a), the finding of the juvenile court judge, the juvenile hearing officer, or the referee of a juvenile court of a commission of a violation of Section 23152 or 23153 or subdivision (a) of Section 23109, as specified in subdivision (a) of this section, is a conviction.
(c) A judge of a juvenile court, juvenile hearing officer, or referee of a juvenile court shall immediately report the findings specified in subdivision (a) to the department.
(d) A conviction of an offense in a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or Canada that, if committed in this state, would be a violation of Section 23152, is a conviction of Section 23152 for the purposes of this section, and a conviction of an offense that, if committed in this state, would be a violation of Section 23153, is a conviction of Section 23153 for the purposes of this section. The department shall suspend or revoke the privilege to operate a motor vehicle pursuant to this section upon receiving notice of that conviction.

(e)For the purposes of the restriction conditions specified in paragraphs (3) to (7), inclusive, of subdivision (a), the department shall terminate the restriction imposed pursuant to this section and shall suspend or revoke the person’s driving privilege upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The person’s driving privilege shall remain suspended or revoked for the remaining period of the original suspension or revocation imposed under this section and until all reinstatement requirements described in this section are met.

(f)

(e) For the purposes of this section, completion of a program is the following:
(1) Satisfactory completion of all program requirements approved pursuant to program licensure, as evidenced by a certificate of completion issued, under penalty of perjury, by the licensed program.
(2) Certification, under penalty of perjury, by the director of a program specified in Section 8001 of the Penal Code, that the person has completed a program specified in Section 8001 of the Penal Code.

(g)

(f) The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under this section is not eligible for the restricted driver’s license authorized under paragraphs (3) to (7), inclusive, of subdivision (a) by Section 13352.5, 13352.6, 13352.7, 13352.81, or 13352.82.

SEC. 3.

 Section 13352.1 of the Vehicle Code is repealed.
13352.1.

(a)Pursuant to subdivision (a) of Section 13352 and except required under Section 13352.4, upon a conviction or finding of a violation of Section 23152 punishable under Section 23536, if the court refers the person to a program pursuant to paragraph (2) of subdivision (b) of Section 23538, the privilege shall be suspended for ten months.

(b)The privilege may not be reinstated until the person gives proof of financial responsibility and gives proof satisfactory to the department of successful completion of a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code described in subdivision (b) of Section 23538. For the purposes of this paragraph, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may not be given to any program activities completed prior to the date of the current violation.

SEC. 4.

 Section 13352.4 of the Vehicle Code is amended to read:

13352.4.
 (a) Except as provided in subdivision (h) (f), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, if the person meets all of the following requirements:
(1) Submits proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538.
(2) Submits the “Verification of Installation” of an ignition interlock device form described in Section 13386 for his or her vehicle.

(2)

(3) Submits proof of financial responsibility, as defined in Section 16430.

(3)

(4) Pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later, and may include credit for any a suspension period served under subdivision (c) of Section 13353.3 or a restriction period served under Section 13353.7.

(c)The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.

(d)

(c) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.

(e)

(d) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit may shall not be given to a program activity completed prior to the date of the current violation.

(f)

(e) (1) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the of either of the following:
(A) The person has failed to comply with the driving-under-the-influence program requirements. The
(B) The person attempted to remove, bypass, or tamper with, or failed to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, while the restriction of the driving privilege is in effect as described in subdivision (b).
(2) The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, or until the date all reinstatement requirements described in Section 13352 or Section 13352.1 have been met, whichever date is later.

(g)The holder of a commercial driver’s license who was operating a commercial motor vehicle, as defined in Section 15210, at the time of a violation that resulted in a suspension or revocation of the person’s noncommercial driving privilege under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1 is not eligible for the restricted driver’s license authorized under this section.

(h)

(f) If, upon conviction, the court has made the determination, as authorized under subdivision (d) of Section 23536 or paragraph (3) of subdivision (a) of Section 23538, to disallow the issuance of a restricted driver’s license, the department may shall not issue a restricted driver’s license under this section.
(g) For purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to this section shall not operate a motorcycle for the duration of the period in which he or she is required to have an ignition interlock device.

SEC. 5.

 Section 13352.5 of the Vehicle Code is amended to read:

13352.5.
 (a) The Except as provided in subdivision (f), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (3) of subdivision (a) of Section 13352, if all of the following requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23542 has been received in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an ignition interlock device form described in Section 13386 for his or her vehicle.

(2)

(3) The person submits proof of financial responsibility, as described in Section 16430.

(3)

(4) The person completes not less than 12 months of the suspension period imposed under paragraph (3) of subdivision (a) of Section 13352. The 12 months may include credit for any a suspension period served under subdivision (c) of Section 13353.3.

(4)

(5) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (3) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later, and may include credit for a suspension period served under subdivision (c) of Section 13353.3 or a restriction period served under Section 13353.71.

(c)The restriction of the driving privilege shall be limited to the hours necessary for driving to and from the person’s place of employment, driving during the course of employment, and driving to and from activities required in the driving-under-the-influence program.

(d)

(c) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.

(e)

(d) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. No credit may Credit shall not be given to any for program activities completed prior to the date of the current violation.

(f)

(e) (1) The department shall terminate the restriction imposed pursuant to issued under this section and shall suspend the privilege to drive under operate a motor vehicle pursuant to paragraph (3) of subdivision (a) of Section 13352 immediately upon receipt of notification from the driving-under-the-influence program that the of either of the following:
(A) The person has failed to comply with the driving-under-the-influence program requirements.
(B) The person attempted to remove, bypass, or tamper with, or failed to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, while the restriction of the driving privilege is in effect as described in subdivision (b).

(g)

(f) If, upon conviction, the court has made the determination, as authorized under subdivision (b) of Section 23540 or subdivision (d) of Section 23542, to disallow the issuance of a restricted driver’s license, the department may shall not issue a restricted driver’s license under this section.

(h)Any person restricted pursuant to this section may apply to the department for a restricted driver’s license, subject to the conditions specified in paragraph (3) of subdivision (a) of Section 13352. Whenever proof of financial responsibility has already been provided and a restriction fee has been paid in compliance with restrictions described in this section, and the offender subsequently receives an ignition interlock device restriction described in paragraph (3) of subdivision (a) of Section 13352, the proof of financial responsibility period shall not be extended beyond the previously established term and no additional restriction fee shall be required.

(i)This section applies to a person who meets all of the following conditions:

(1)Has been convicted of a violation of Section 23152 that occurred on or before July 1, 1999, and is punishable under Section 23540, or former Section 23165.

(2)Was granted probation for the conviction subject to conditions imposed under subdivision (b) of Section 23542, or under subdivision (b) of former Section 23166.

(3)Is no longer subject to the probation described in paragraph (2).

(4)Has not completed the licensed driving-under-the-influence program under paragraph (3) of subdivision (a) of Section 13352 for reinstatement of the driving privilege.

(5)Has no violations in his or her driving record that would preclude issuance of a restricted driver’s license.

(j)This section shall become operative on September 20, 2005.

(g) For purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to this section shall not operate a motorcycle for the duration of the period in which he or she is required to have an ignition interlock device.

SEC. 6.

 Section 13352.6 of the Vehicle Code is amended and renumbered to read:

13352.6.13352.9.
 (a) The department shall immediately suspend the driving privilege of any a person who is 18 years of age or older and is convicted of a violation of Section 23140, upon the receipt of a duly certified abstract of the record of any a court showing that conviction. The privilege may shall not be reinstated until the person provides the department with proof of financial responsibility and until proof satisfactory to the department, of successful completion of a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code has been received in the department’s headquarters. That attendance shall be as follows:
(1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or paragraph (3) of subdivision (c) (a) of Section 192 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.
(b) For the purposes of this section, enrollment, participation, and completion of the program shall be subsequent to the date of the current violation. Credit for enrollment, participation, or completion may shall not be given for any program activities completed prior to the date of the current violation.

SEC. 7.

 Section 13352.6 is added to the Vehicle Code, to read:

13352.6.
 (a) Except as provided in subdivision (f), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (5) of subdivision (a) of Section 13352, if all of the following requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548, has been received in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an ignition interlock device form described in Section 13386 for his or her vehicle.
(3) The person submits proof of financial responsibility, as described in Section 16430.
(4) The person completes not less than 18 months of the suspension period imposed under paragraph (5) of subdivision (a) of Section 13352. The 18 months may include credit for a suspension period served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (5) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in paragraph (5) of subdivision (a) of Section 13352 have been met, whichever date is later, and may include credit for a suspension period served under subdivision (c) of Section 13353.3 or a restriction period served under Section 13353.72.
(c) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given for program activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (5) of subdivision (a) of Section 13352 immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or failed to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, while the restriction of the driving privilege is in effect as described in subdivision (b).
(f) If, upon conviction, the court has made the determination to disallow the issuance of a restricted driver’s license because, considering the circumstances taken as a whole, the court determines that the person would present a traffic or public safety risk if authorized to operate a motor vehicle during the period of restriction authorized by this section, the department shall not issue a restricted driver’s license under this section.
(g) For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to this section shall not operate a motorcycle for the duration of the period in which he or she is required to have an ignition interlock device.

SEC. 8.

 Section 13352.7 is added to the Vehicle Code, to read:

13352.7.
 (a)  Except as provided in subdivision (h), the department shall issue a restricted driver’s license to a person whose driver’s license was revoked under paragraph (7) of subdivision (a) of Section 13352, if all of the following requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548, has been received in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an ignition interlock device form described in Section 13386 for his or her vehicle.
(3) The person submits proof of financial responsibility, as described in Section 16430.
(4) The person completes not less than 24 months of the revocation period imposed under paragraph (7) of subdivision (a) of Section 13352. The 24 months may include credit for a suspension period served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and may include credit for a suspension period served under subdivision (c) of Section 13353.3.
(c) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given for program activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under this section and shall revoke the privilege to operate a motor vehicle pursuant to paragraph (7) of subdivision (a) of Section 13352 immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or failed to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, while the restriction is in effect.
(f) (1) After completing seven years of restriction under this section, the person may submit a request to the department for an administrative review for the purpose of reinstating his or her driving privilege free of the restriction.
(2) The department shall reinstate the person’s driving privilege if the department finds that the person has not been convicted of a driving-related offense during the previous seven years.
(g) Notwithstanding paragraph (7) of subdivision (a) of Section 13352, the department may reinstate a person’s privilege to operate a motor vehicle pursuant to subdivision (f).
(h) If, upon conviction, the court has made the determination to disallow the issuance of a restricted driver’s license because, considering the circumstances taken as a whole, the court determines that the person would present a traffic or public safety risk if authorized to operate a motor vehicle during the period of restriction authorized by this section, the department shall not issue a restricted driver’s license under this section.
(i) For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to this section shall not operate a motorcycle for the duration of the period in which he or she is required to have an ignition interlock device.

SEC. 9.

 Section 13352.8 is added to the Vehicle Code, to read:

13352.8.
 (a) Except as provided in subdivision (f), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (2) of subdivision (a) of Section 13352, if all of the following requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538 or paragraph (3) of subdivision (b) of Section 23646 has been received in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an ignition interlock device form described in Section 13386 for his or her vehicle.
(3) The person submits proof of financial responsibility, as described in Section 16430.
(4) The person completes not less than 12 months of the suspension period imposed under paragraph (2) of subdivision (a) of Section 13352. The 12 months may include credit for a suspension period served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (2) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later, and may include credit for a suspension period served under subdivision (c) of Section 13353.3 or a restriction period served under Section 13353.7.
(c) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given for program activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (2) of subdivision (a) of Section 13352 immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or failed to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, while the restriction of the driving privilege is in effect as described in subdivision (b).
(f) If, upon conviction, the court has made the determination to disallow the issuance of a restricted driver’s license because, considering the circumstances taken as a whole, the court determines that the person would present a traffic or public safety risk if authorized to operate a motor vehicle during the period of restriction authorized by this section, the department shall not issue a restricted driver’s license under this section.
(g)  For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to this section shall not operate a motorcycle for the duration of the period in which he or she is required to have an ignition interlock device.

SEC. 10.

 Section 13352.81 is added to the Vehicle Code, to read:

13352.81.
 (a) Except as provided in subdivision (f), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (4) of subdivision (a) of Section 13352, if all of the following requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23562 has been received in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an ignition interlock device form described in Section 13386 for his or her vehicle.
(3) The person submits proof of financial responsibility, as described in Section 16430.
(4) The person completes not less than 18 months of the suspension period imposed under paragraph (4) of subdivision (a) of Section 13352. The 18 months may include credit for a suspension period served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (4) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later, and may include credit for a suspension period served under subdivision (c) of Section 13353.3 or a restricted period served under Section 13353.71.
(c) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given for program activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (4) of subdivision (a) of Section 13352 immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or failed to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, while the restriction of the driving privilege is in effect as described in subdivision (b).
(f) If, upon conviction, the court has made the determination to disallow the issuance of a restricted driver’s license because, considering the circumstances taken as a whole, the court determines that the person would present a traffic or public safety risk if authorized to operate a motor vehicle during the period of restriction authorized by this section, the department shall not issue a restricted driver’s license under this section.
(g) For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to this section shall not operate a motorcycle for the duration of the period in which he or she is required to have an ignition interlock device.

SEC. 11.

 Section 13352.82 is added to the Vehicle Code, to read:

13352.82.
 (a) Except as provided in subdivision (f), the department shall issue a restricted driver’s license to a person whose driver’s license was suspended under paragraph (6) of subdivision (a) of Section 13352, if all of the following requirements have been met:
(1) Proof satisfactory to the department of enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23568, or if available in the county of the person’s residence or employment, a 30-month driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, or a program specified in Section 8001 of the Penal Code, has been received in the department’s headquarters.
(2) The person submits the “Verification of Installation” of an ignition interlock device form described in Section 13386 for his or her vehicle.
(3) The person submits proof of financial responsibility, as described in Section 16430.
(4) The person completes not less than 24 months of the suspension period imposed under paragraph (6) of subdivision (a) of Section 13352. The 24 months may include credit for a suspension period served under subdivision (c) of Section 13353.3.
(5) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department.
(b) The restriction of the driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (a) and shall remain in effect until the final day of the original suspension imposed under paragraph (6) of subdivision (a) of Section 13352, or until the date all reinstatement requirements described in Section 13352 have been met, whichever date is later, and may include credit for a suspension period served under subdivision (c) of Section 13353.3 or a restriction period served under Section 13353.72.
(c) Whenever the driving privilege is restricted under this section, proof of financial responsibility, as defined in Section 16430, shall be maintained for three years. If the person does not maintain that proof of financial responsibility at any time during the restriction, the driving privilege shall be suspended until the proof required under Section 16484 is received by the department.
(d) For the purposes of this section, enrollment, participation, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given for program activities completed prior to the date of the current violation.
(e) The department shall terminate the restriction issued under this section and shall suspend the privilege to operate a motor vehicle pursuant to paragraph (6) of subdivision (a) of Section 13352 immediately upon receipt of notification of either of the following:
(1) The person failed to comply with the driving-under-the-influence program requirements.
(2) The person attempted to remove, bypass, or tamper with, or failed to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, while the restriction of the driving privilege is in effect as described in subdivision (b).
(f) If, upon conviction, the court has made the determination to disallow the issuance of a restricted driver’s license because, considering the circumstances taken as a whole, the court determines that the person would present a traffic or public safety risk if authorized to operate a motor vehicle during the period of restriction authorized by this section, the department shall not issue a restricted driver’s license under this section.
(g) For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to this section shall not operate a motorcycle for the duration of the period in which he or she is required to have an ignition interlock device.

SEC. 12.

 Section 13352.85 is added to the Vehicle Code, to read:

13352.85.
 (a) A person whose driving privilege is suspended or revoked pursuant to subdivision (a) of Section 13352 shall install an ignition interlock device on all vehicles that the person owns or operates, and is prohibited from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device and the person is otherwise authorized to operate a motor vehicle with that device.
(b) Nothing in this section authorizes a person to operate a vehicle without a valid driver’s license.
(c) If a person has a medical condition that does not permit the person to breathe with sufficient strength to activate the device, the person shall only have the suspension or revocation option pursuant to Section 13352, and is not eligible for a restricted driver’s license.
(d) Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted driver’s license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning ignition interlock device. An ignition interlock device is not required to be installed on a vehicle owned by the defendant that is not driven in California.
(e) For purposes of this section “owned” means solely owned or owned in conjunction with another person or legal entity. For purposes of this section “operates” includes operating a vehicle that is not owned by the person subject to this section.
(f) For purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. A person subject to this section shall not operate a motorcycle for the duration of the period in which he or she is required to have an ignition interlock device.

SEC. 13.

 Section 13353.3 of the Vehicle Code is amended to read:

13353.3.
 (a) An order of suspension of a person’s privilege to operate a motor vehicle pursuant to Section 13353.2 shall become effective 30 days after the person is served with the notice pursuant to Section 13382 or 13388, or subdivision (b) of Section 13353.2.
(b) The period of suspension of a person’s privilege to operate a motor vehicle under Section 13353.2 is as follows:
(1) Except as provided in Section 13353.6, if If the person has not been convicted of a separate violation of Section 23103, as specified in Section 23103.5, of Section 23140, 23152, or 23153, of Section 191.5 of the Penal Code, or of paragraph (3) of subdivision (c) (a) of Section 192 192.5 of that code, the person has not been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has not been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or occurrence occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for four months.
(2) If the person has been convicted of one or more separate violations of Section 23103, as specified in Section 23103.5, Section 23140, 23152, or 23153, Section 191.5 of the Penal Code, or paragraph (3) of subdivision (c) (a) of Section 192 192.5 of that code, the person has been administratively determined to have refused chemical testing pursuant to Section 13353 or 13353.1, or the person has been administratively determined to have been driving with an excessive concentration of alcohol pursuant to Section 13353.2 on a separate occasion, that offense or occasion occurred within 10 years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for one year.
(3) Notwithstanding any other provision of law, if a person has been administratively determined to have been driving in violation of Section 23136 or to have refused chemical testing pursuant to Section 13353.1, the period of suspension shall not be for less than one year.
(c) If a person’s privilege to operate a motor vehicle is suspended pursuant to Section 13353.2 and the person is convicted of a violation of Section 23152 or 23153, including, but not limited to, a violation described in Section 23620, arising out of the same occurrence, both the suspension under Section 13353.2 and the suspension or revocation under Section 13352 shall be imposed, except that the periods of suspension or revocation shall run concurrently, and the total period of suspension or revocation shall not exceed the longer of the two suspension or revocation periods.
(d) For the purposes of this section, a conviction of any an offense in any a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Dominion of Canada that, if committed in this state, would be a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, or Section 191.5 or paragraph (3) of subdivision (c) (a) of Section 192 192.5 of the Penal Code, is a conviction of that particular section of the Vehicle Code or Penal Code.

(e)This section shall become operative on September 20, 2005.

SEC. 14.

 Section 13353.5 of the Vehicle Code is amended to read:

13353.5.
 (a) If a person whose driving privilege is suspended or revoked under Section 13352, former Section 13352.4, Section 13352.4, 13352.6 13352.9, paragraph (1) of subdivision (g) of Section 23247, or paragraph (2) of subdivision (f) of Section 23575 is a resident of another state at the time the mandatory period of suspension or revocation expires, the department may terminate the suspension or revocation, upon written application of the person, for the purpose of allowing the person to apply for a license in his or her state of residence. The application shall include, but need not be limited to, evidence satisfactory to the department that the applicant now resides in another state.
(b) If the person submits an application for a California driver’s license within three years after the date of the action to terminate suspension or revocation pursuant to subdivision (a), a license shall not be issued until evidence satisfactory to the department establishes that the person is qualified for reinstatement and no grounds exist including, but not limited to, one or more subsequent convictions for driving under the influence of alcohol or other drugs that would support a refusal to issue a license. The department may waive the three-year requirement if the person provides the department with proof of financial responsibility, as defined in Section 16430, and proof satisfactory to the department of successful completion of a driving-under-the-influence program described in Section 13352, and the driving-under-the-influence program is of the length required under paragraphs (1) to (7), inclusive, of subdivision (a) of Section 13352.
(c) For the purposes of this section, “state” includes a foreign province or country.

(d)This section shall become operative on September 20, 2005.

SEC. 15.

 Section 13353.7 of the Vehicle Code is amended to read:

13353.7.
 (a) Subject to subdivision (c), if the person whose driving privilege has been suspended under Section 13353.2 has not been convicted of, or found to have committed, a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) (a) of Section 192 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion within 10 years of the occasion in question and, if the person subsequently enrolls in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23538, and installs and maintains an ignition interlock device certified pursuant to Section 13386 on all vehicles that the person owns or operates, that person, if 21 years of age or older at the time the offense occurred, may apply to the department for a restricted driver’s license limited to travel to and from the activities required by the program and to and from and in the course of the person’s employment. After receiving proof of enrollment in the program, and the “Verification of Installation” of an ignition interlock device form described in Section 13386, and if the person has not been arrested subsequent to the offense for which the person’s driving privilege has been suspended under Section 13353.2 for a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or paragraph (3) of subdivision (c) (a) of Section 192 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion, notwithstanding Section 13551, the department shall, after review pursuant to Section 13557, suspend the person’s privilege to operate a motor vehicle for 30 days and then issue the person a restricted driver’s license under the following conditions:
(1) The program shall report any a failure to participate in the program to the department and shall certify successful completion of the program to the department.
(2) The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility as defined in Section 16430.
(3) The restriction shall be imposed for a period of five months.
(4) If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under this section attempts to remove, bypass, or tamper with, or fails to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, within the time described in Section 13353.73, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt of the notice by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of Section 23152 or 23153, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352.
(c) If the holder of a commercial driver’s license was operating a commercial vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a), except that the license may not allow travel to and from or in the course of the person’s employment.
(d) This section does not apply to a person whose driving privilege has been suspended or revoked pursuant to Section 13353 or 13353.2 for an offense that occurred on a separate occasion, or as a result of a conviction of a separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153, that violation occurred within 10 years of the offense in question. This subdivision shall be operative only so long as a one-year suspension of the driving privilege for a second or subsequent occurrence or offense, with no restricted or hardship licenses permitted, is required by Section 408 or 410 of Title 23 of the United States Code.

(e)This section shall become operative on September 20, 2005.

SEC. 16.

 Section 13353.71 is added to the Vehicle Code, to read:

13353.71.
 (a) Subject to subdivision (c), if the person whose driving privilege has been suspended under Section 13353.2 has been convicted of, or found to have committed, one prior separate violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code and, if the person subsequently enrolls in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) of Section 23542, and installs and maintains an ignition interlock device certified pursuant to Section 13386, on all vehicles registered in the person’s name, that person, if 21 years of age or older at the time the offense occurred, may apply to the department for a restricted driver’s license. After receiving proof of enrollment in the program and the “Verification of Installation” of an ignition interlock device form described in Section 13386, and if the person has not been arrested subsequent to the offense for which the person’s driving privilege has been suspended under Section 13353.2 for a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 for an offense that occurred on a separate occasion, notwithstanding Section 13551, the department shall, after review as described in Section 13557, suspend the person’s privilege to operate a motor vehicle for 90 days and then issue the person a restricted driver’s license under the following conditions:
(1) The program shall report a failure to participate in the program to the department and shall certify successful completion of the program to the department.
(2) The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility as defined in Section 16430.
(3) The restriction shall be imposed for a period of 21 months.
(4) If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under this section attempts to remove, bypass, or tamper with, or fails to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, within the time described in Section 13353.73, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt of the notice by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of Section 23152 or 23153, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352.
(c) If the holder of a commercial driver’s license was operating a commercial motor vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a).

SEC. 17.

 Section 13353.72 is added to the Vehicle Code, to read:

13353.72.
 (a) Subject to subdivision (c), if the person whose driving privilege has been suspended under Section 13353.2 has been convicted of, or found to have committed, two or more prior separate violations of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code and, if the person subsequently enrolls in a driving-under-the-influence program licensed under Section 11836 of the Health and Safety Code, as described in subdivision (b) or (c) of Section 23548, and installs and maintains an ignition interlock device certified pursuant to Section 13386, on all motor vehicles registered in that person’s name, that person, if 21 years of age or older at the time the offense occurred, may apply to the department for a restricted driver’s license. After receiving proof of enrollment in the program and the “Verification of Installation” of an ignition interlock device form described in Section 13386, and if the person has not been arrested subsequent to the offense for which the person’s driving privilege has been suspended under Section 13353.2 for a violation of Section 23103, as specified in Section 23103.5, or Section 23140, 23152, or 23153 of this code, or Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, and if the person’s privilege to operate a motor vehicle has not been suspended or revoked pursuant to Section 13353 for an offense that occurred on a separate occasion, notwithstanding Section 13551, the department shall, after review as described in Section 13557, suspend the person’s privilege to operate a motor vehicle for six months and then issue the person a restricted driver’s license under the following conditions:
(1) The program shall report a failure to participate in the program to the department and shall certify successful completion of the program to the department.
(2) The person was 21 years of age or older at the time the offense occurred and gives proof of financial responsibility as defined in Section 16430.
(3) The restriction shall be imposed for a period of 30 months.
(4) If a person who has been issued a restricted license under this section fails at any time to participate in the program, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt of the notice by the person.
(5) If a person who has been issued a restricted license under this section attempts to remove, bypass, or tamper with, or fails to maintain the ignition interlock device, or operates a motor vehicle without a properly installed ignition interlock device, within the time described in Section 13353.73, the department shall suspend the restricted license immediately. The department shall give notice of the suspension under this paragraph in the same manner as prescribed in subdivision (b) of Section 13353.2 for the period specified in Section 13353.3, that is effective upon receipt of the notice by the person.
(b) Notwithstanding subdivision (a), and upon a conviction of Section 23152 or 23153, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under Section 13352.
(c) If the holder of a commercial driver’s license was operating a commercial motor vehicle, as defined in Section 15210, at the time of the violation that resulted in the suspension of that person’s driving privilege under Section 13353.2, the department shall, pursuant to this section, if the person is otherwise eligible, issue the person a class C driver’s license restricted in the same manner and subject to the same conditions as specified in subdivision (a).

SEC. 18.

 Section 13373.73 is added to the Vehicle Code, to read:

13373.73.
 (a) A person issued a restricted driver’s license pursuant to Section 13353.7 shall install and maintain an ignition interlock device for six months. Installation may occur 30 days after the issuance of the notice pursuant to Section 13382 or subdivision (b) of Section 13353.2.
(b) A person issued a restricted driver’s license pursuant to Section 13353.71 shall install and maintain an ignition interlock device for two years. Installation may occur 30 days after the issuance of the notice pursuant to Section 13382 or subdivision (b) of Section 13353.2.
(c) A person issued a restricted driver’s license pursuant to Section 13353.72 shall install and maintain an ignition interlock device for three years. Installation may occur 30 days after the issuance of the notice pursuant to Section 13382 or subdivision (b) of Section 13353.2.

SEC. 19.

 Section 23247 of the Vehicle Code is amended to read:

23247.
 (a) It is unlawful for a person to knowingly rent, lease, or lend a motor vehicle to another person known to have had his or her driving privilege restricted as provided in Section 13352, 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13353.7, 13353.71, 13353.72, or 23575, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any A person, whose driving privilege is restricted pursuant to Section 13352, 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13353.7, 13353.71, 13353.72, or 23575 shall notify any other another person who rents, leases, or loans a motor vehicle to him or her of the driving restriction imposed under that section.
(b) It is unlawful for any a person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13353.7, 13353.71, 13353.72, or 23575 to request or solicit any other another person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle.
(c) It is unlawful to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13352.7, 13353.71, 13353.72, or 23575.
(d) It is unlawful to remove, bypass, or tamper with, an ignition interlock device.
(e) It is unlawful for any a person whose driving privilege is restricted pursuant to Section 13352, 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13353.7, 13353.71, 13353.72, or 23575 to operate any a vehicle that is not equipped with a functioning ignition interlock device.
(f) Any A person convicted of a violation of this section shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(g) (1) If any a person whose driving privilege is restricted pursuant to Section 13352 is convicted of a violation of subdivision (e), the court shall notify the Department of Motor Vehicles, which shall immediately terminate the restriction and shall suspend or revoke the person’s driving privilege for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(2) If any a person who is restricted pursuant to subdivision (a) or (l) of Section 23575 is convicted of a violation of subdivision (e), the department shall suspend the person’s driving privilege for one year from the date of the conviction.
(h) Notwithstanding any other provision of law, if a vehicle in which an ignition interlock device has been installed is impounded, the manufacturer or installer of the device shall have the right to remove the device from the vehicle during normal business hours. No A charge shall not be imposed for the removal of the device nor shall, and the manufacturer or installer shall not be liable for any removal, towing, impoundment, storage, release, or administrative costs or penalties associated with the impoundment. Upon request, the person seeking to remove the device shall present documentation to justify removal of the device from the vehicle. Any damage to the vehicle resulting from the removal of the device is the responsibility of the person removing it.

SEC. 20.

 Section 23502 of the Vehicle Code is amended to read:

23502.
 (a) Notwithstanding any other provision of law, if a person who is at least 18 years of age is convicted of a first violation of Section 23140, in addition to any penalties, the court shall order the person to attend a program licensed under Section 11836 of the Health and Safety Code, subject to a fee schedule developed under paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code.
(b) The attendance in a licensed driving-under-the-influence program required under subdivision (a) shall be as follows:
(1) If, within 10 years of the current violation of Section 23140, the person has not been convicted of a separate violation of Section 23140, 23152, or 23153, or of Section 23103, with a plea of guilty under Section 23103.5, or of Section 655 of the Harbors and Navigation Code, or of Section 191.5 of, or paragraph (3) of subdivision (c) (a) of Section 192 192.5 of, the Penal Code, the person shall complete, at a minimum, the education component of that licensed driving-under-the-influence program.
(2) If the person does not meet the requirements of paragraph (1), the person shall complete, at a minimum, the program described in paragraph (1) of subdivision (c) of Section 11837 of the Health and Safety Code.
(c) The person’s privilege to operate a motor vehicle shall be suspended by the department as required under Section 13352.6 13352.9, and the court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550.
(d) The court shall advise the person at the time of sentencing that the driving privilege will not be restored until the person has provided the department with proof satisfactory to the department that the person has successfully completed the driving-under-the-influence program required under this section.

SEC. 21.

 Section 23536 of the Vehicle Code is amended to read:

23536.
 (a) If a person is convicted of a first violation of Section 23152, that person shall be punished by imprisonment in the county jail for not less than 96 hours, at least 48 hours of which shall be continuous, nor more than six months, and by a fine of not less than three hundred ninety dollars ($390), nor more than one thousand dollars ($1,000).
(b) The court shall order that a person punished under subdivision (a), who is to be punished by imprisonment in the county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. If the court determines that 48 hours of continuous imprisonment would interfere with the person’s work schedule, the court shall allow the person to serve the imprisonment whenever the person is normally scheduled for time off from work. The court may make this determination based upon a representation from the defendant’s attorney or upon an affidavit or testimony from the defendant.
(c) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(d) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.

SEC. 22.

 Section 23538 of the Vehicle Code is amended to read:

23538.
 (a) (1) If the court grants probation to person punished under Section 23536, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as a condition of probation that the person pay a fine of at least three hundred ninety dollars ($390), but not more than one thousand dollars ($1,000). The court may also impose, as a condition of probation, that the person be confined in a county jail for at least 48 hours, but not more than six months.
(2) The person’s privilege to operate a motor vehicle shall be suspended by the department under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(3) Whenever, when considering the circumstances taken as a whole, the court determines that the person punished under this section would present a traffic safety or public safety risk if authorized to operate a motor vehicle during the period of suspension imposed under paragraph (1) of subdivision (a) of Section 13352 or Section 13352.1, the court may disallow the issuance of a restricted driver’s license required under Section 13352.4.
(b) In any a county where the board of supervisors has approved, and the State Department of Alcohol and Drug Programs has licensed, a program or programs described in Section 11837.3 of the Health and Safety Code, the court shall also impose as a condition of probation that the driver shall enroll and participate in, and successfully complete a driving-under-the-influence program, licensed pursuant to Section 11836 of the Health and Safety Code, in the driver’s county of residence or employment, as designated by the court. For the purposes of this subdivision, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit may shall not be given for any program activities completed prior to the date of the current violation.
(1) The court shall refer a first offender whose blood-alcohol concentration was less than 0.20 percent, by weight, to participate for at least three months or longer, as ordered by the court, in a licensed program that consists of at least 30 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
(2) The court shall refer a first offender whose blood-alcohol concentration was 0.20 percent or more, by weight, or who refused to take a chemical test, to participate for at least nine months or longer, as ordered by the court, in a licensed program that consists of at least 60 hours of program activities, including those education, group counseling, and individual interview sessions described in Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5 of the Health and Safety Code.
(3) The court shall advise the person at the time of sentencing that the driving privilege shall not be restored until proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code has been received in the department’s headquarters.
(c) (1) The court shall revoke the person’s probation pursuant to Section 23602, except for good cause shown, for the failure to enroll in, participate in, or complete a program specified in subdivision (b).
(2) The court, in establishing reporting requirements, shall consult with the county alcohol program administrator. The county alcohol program administrator shall coordinate the reporting requirements with the department and with the State Department of Alcohol and Drug Programs. That reporting shall ensure that all persons who, after being ordered to attend and complete a program, may be identified for either (A) failure to enroll in, or failure to successfully complete, the program, or (B) successful completion of the program as ordered.

SEC. 23.

 Section 23546 of the Vehicle Code is amended to read:

23546.
 (a) If a person is convicted of a violation of Section 23152 and the offense occurred within 10 years of two separate violations of Section 23103, as specified in Section 23103.5, 23152, or 23153, or any combination thereof, that resulted in convictions, that person shall be punished by imprisonment in the county jail for not less than 120 days nor more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000). The person’s privilege to operate a motor vehicle shall be revoked suspended by the Department of Motor Vehicles as required in paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender his or her driver’s license to the court in accordance with Section 13550.
(b) A person convicted of a violation of Section 23152 punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350.

SEC. 24.

 Section 23548 of the Vehicle Code is amended to read:

23548.
 (a) (1) If the court grants probation to any a person punished under Section 23546, in addition to the provisions of Section 23600 and any other terms and conditions imposed by the court, the court shall impose as conditions of probation that the person be confined in the county jail for at least 120 days but not more than one year and pay a fine of at least three hundred ninety dollars ($390) but not more than one thousand dollars ($1,000).
(2) The person’s privilege to operate a motor vehicle shall be revoked suspended by the department under paragraph (5) of subdivision (a) of Section 13352. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(b) In addition to subdivision (a), if the court grants probation to any a person punished under Section 23546, the court may order as a condition of probation that the person participate, for at least 30 months subsequent to the underlying conviction and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code. In lieu of the minimum term of imprisonment specified in subdivision (a), the court shall impose as a condition of probation under this subdivision that the person be confined in the county jail for at least 30 days but not more than one year. The court shall not order the treatment prescribed by this subdivision unless the person makes a specific request and shows good cause for the order, whether or not the person has previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562. In order to enable all required persons to participate, each person shall pay the program costs commensurate with the person’s ability to pay as determined pursuant to Section 11837.4 of the Health and Safety Code. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of suspension imposed under paragraph (5) of subdivision (a) of Section 13352.
(c) In addition to the provisions of Section 23600 and subdivision (a), if the court grants probation to any a person punished under Section 23546 who has not previously completed a treatment program pursuant to paragraph (4) of subdivision (b) of Section 23542 or paragraph (4) of subdivision (b) of Section 23562, and unless the person is ordered to participate in and complete a driving-under-the-influence program under subdivision (b), the court shall impose as a condition of probation that the person, subsequent to the date of the current violation, enroll and participate, for at least 18 months and in a manner satisfactory to the court, in a driving-under-the-influence program licensed pursuant to Section 11836 of the Health and Safety Code, as designated by the court. The person shall complete the entire program subsequent to, and shall not be given any credit for program activities completed prior to, the date of the current violation. Any A person who has previously completed a 12-month or 18-month program licensed pursuant to Section 11836 of the Health and Safety Code shall not be eligible for referral pursuant to this subdivision unless a 30-month licensed driving-under-the-influence program is not available for referral in the county of the person’s residence or employment. The program shall provide for persons who cannot afford the program fee pursuant to paragraph (2) of subdivision (b) of Section 11837.4 of the Health and Safety Code in order to enable those persons to participate. No condition of probation required pursuant to this subdivision is a basis for reducing any other probation requirement in this section or Section 23600 or for avoiding the mandatory license revocation provisions of suspension imposed under paragraph (5) of subdivision (a) of Section 13352.
(d) The court shall advise the person at the time of sentencing that the driving privilege may shall not be restored until the person provides proof satisfactory to the department of successful completion of a driving-under-the-influence program of the length required under this code that is licensed pursuant to Section 11836 of the Health and Safety Code.

(e)This section shall become operative on September 20, 2005.

SEC. 25.

 Section 23550.5 of the Vehicle Code is amended to read:

23550.5.
 (a) A person is guilty of a public offense, punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000) if that person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of any of the following:
(1) A prior violation of Section 23152 that was punished as a felony under Section 23550 or this section, or both, or under former Section 23175 or former Section 23175.5, or both.
(2) A prior violation of Section 23153 that was punished as a felony.
(3) A prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.
(b) Every A person who, having previously been convicted of a violation of Section 191.5 of the Penal Code or a felony violation of paragraph (3) of subdivision (c) (a) of Section 192 192.5 of the Penal Code, is subsequently convicted of a violation of Section 23152 or 23153 is guilty of a public offense punishable by imprisonment in the state prison or confinement in a county jail for not more than one year and by a fine of not less than three hundred ninety dollars ($390) nor more than one thousand dollars ($1,000).
(c) The privilege to operate a motor vehicle of a person convicted of a violation that is punishable under subdivision (a) or (b) shall be revoked by the department under paragraph (7) of subdivision (a) of Section 13352, unless paragraph (6) of subdivision (a) of Section 13352 is also applicable, in which case the privilege shall be revoked suspended under that provision. The court shall require the person to surrender the driver’s license to the court in accordance with Section 13550.
(d) Any A person convicted of a violation of Section 23152 or 23153 that is punishable under this section shall be designated as a habitual traffic offender for a period of three years, subsequent to the conviction. The person shall be advised of this designation under subdivision (b) of Section 13350.

SEC. 26.

 Section 23575 of the Vehicle Code is amended to read:

23575.
 (a) (1) In addition to any other provisions of law, the court may require that a person convicted of a first offense violation of Section 23152 or 23153 to install a certified ignition interlock device on any vehicle that the person owns or operates and prohibit that person from operating a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device. The court shall give heightened consideration to applying this sanction to a first offense violator with 0.20 percent or more, by weight, of alcohol in his or her blood at arrest, or with two or more prior moving traffic violations, or to persons who refused the chemical tests at arrest. If the court orders the ignition interlock device restriction, the term shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.
(2) The court shall require a person convicted of a violation of Section 14601.2 to install an ignition interlock device on any vehicle that the person owns or operates and prohibit the person from operating a motor vehicle unless the vehicle is equipped with a functioning, certified ignition interlock device. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.
(b) The court shall include on the abstract of conviction or violation submitted to the Department of Motor Vehicles under Section 1803 or 1816, the requirement and term for the use of a certified ignition interlock device. The records of the department shall reflect mandatory use of the device for the term ordered by the court.
(c) The court shall advise the person that installation of an ignition interlock device on a vehicle does not allow the person to drive without a valid driver’s license.
(d) A person whose driving privilege is restricted by the court pursuant to this section shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate and monitor the operation of the device. The installer shall notify the court if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any a requirement for the maintenance or calibration of the ignition interlock device. There is no obligation for the installer to notify the court if the person has complied with all of the requirements of this article.
(e) The court shall monitor the installation and maintenance of any ignition interlock device restriction ordered pursuant to subdivision (a) or (l). If a person fails to comply with the court order, the court shall give notice of the fact to the department pursuant to Section 40509.1.
(f) (1) Pursuant to Section 13352, if If a person is convicted of a violation of Section 23152 or 23153, and the offense occurred within 10 years of one or more separate violations of Section 23152 or 23153 that resulted in a conviction, the person may apply applies to the Department of Motor Vehicles for a restricted driver’s license pursuant to Section 13352 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, or 13352.82, that prohibits the person from operating a motor vehicle unless that vehicle is equipped with a functioning ignition interlock device, certified pursuant to Section 13386. The, the restriction shall remain in effect for at least the remaining period of the original suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(2) Pursuant to subdivision (g), the Department of Motor Vehicles shall immediately terminate the restriction issued pursuant to Section 13352 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, or 13352.82, and shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who attempts to remove, bypass, or tamper with the device, who has the device removed prior to the termination date of the restriction, or who fails three or more times to comply with any a requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to Section 13352 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, or 13352.82. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in Section 13352 are met.
(g) A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to Section 13352 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, or 13352.82, shall arrange for each vehicle with an ignition interlock device to be serviced by the installer at least once every 60 days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the Department of Motor Vehicles if the device is removed or indicates that the person has attempted to remove, bypass, or tamper with the device, or if the person fails three or more times to comply with any a requirement for the maintenance or calibration of the ignition interlock device. There is no obligation on the part of the installer to notify the department or the court if the person has complied with all of the requirements of this section.
(h) Nothing in this section permits a person to drive without a valid driver’s license.
(i) The Department of Motor Vehicles shall include information along with the order of suspension or revocation for repeat offenders informing them that after a specified period of suspension or revocation has been completed, the person may either install an ignition interlock device on any vehicle that the person owns or operates or remain with a suspended or revoked driver’s license.
(j) Pursuant to this section, an out-of-state resident who otherwise would qualify for an ignition interlock device restricted license in California shall be prohibited from operating a motor vehicle in California unless that vehicle is equipped with a functioning ignition interlock device. An ignition interlock device is not required to be installed on any vehicle owned by the defendant that is not driven in California.
(k) If a person has a medical problem that does not permit the person to breathe with sufficient strength to activate the device, then that person shall only have the suspension option.
(l) This section does not restrict a court from requiring installation of an ignition interlock device and prohibiting operation of a motor vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device for a person to whom subdivision (a) or (b) does not apply. The term of the restriction shall be determined by the court for a period not to exceed three years from the date of conviction. The court shall notify the Department of Motor Vehicles, as specified in subdivision (a) of Section 1803, of the terms of the restrictions in accordance with subdivision (a) of Section 1804. The Department of Motor Vehicles shall place the restriction in the person’s records in the Department of Motor Vehicles.
(m) For the purposes of this section, “vehicle” does not include a motorcycle until the state certifies an ignition interlock device that can be installed on a motorcycle. Any A person subject to an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period.
(n) For the purposes of this section, “owned” means solely owned or owned in conjunction with another person or legal entity. For purposes of this section, “operates” includes operating vehicles a vehicle that are is not owned by the person subject to this section.
(o) For the purposes of this section, “bypass” includes, but is not limited to, either of the following:
(1) Any combination of failing or not taking the ignition interlock device rolling retest three consecutive times.
(2) Any incidence of failing or not taking the ignition interlock device rolling retest, when not followed by an incidence of passing the ignition interlock rolling retest prior to turning off the vehicle’s engine.

SEC. 27.

 Section 23575.5 is added to the Vehicle Code, to read:

23575.5.
 (a) The Ignition Interlock Device Assistance Fund is hereby created in the State Treasury. The money in the fund is available to the department, upon appropriation by the Legislature, to fund the installation of ignition interlock devices.
(b) In addition to any other fines or fees imposed, a person convicted of violating Section 23152 or 23153 shall pay a fee of one hundred dollars ($100) to be deposited in the Ignition Interlock Device Assistance Fund.
(c) The director shall establish standards and develop criteria for implementing and maintaining the Ignition Interlock Device Assistance Program. The criteria shall include at least all of the following:
(1) Requirements for financial assistance to install and maintain an ignition interlock device.
(2) The maximum amount of financial assistance, not to exceed 50 percent of the cost of installing and maintaining an ignition interlock device, available for a person to install and maintain an ignition interlock device.
(3) The application process by which a person can apply for financial assistance.
(4) Criteria to terminate financial assistance.

SEC. 28.

 Section 23576 of the Vehicle Code is amended to read:

23576.
 (a) Notwithstanding Section Sections 13352.85 and 23575, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the person’s driving privilege has been restricted pursuant to Section 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13353.7, 13353.71, 13353.72, or 23575 and if the person has proof of that notification in his or her possession, or if the notice, or a facsimile copy thereof, is with the vehicle.
(b) A motor vehicle owned by a business entity that is all or partly owned or controlled by a person otherwise subject to Section 13352.4, 13352.5, 13352.6, 13352.7, 13352.8, 13352.81, 13352.82, 13353.7, 13353.71, 13353.72, or 23575, is not a motor vehicle owned by the employer subject to the exemption in subdivision (a).

SEC. 29.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.