20250AB__007198AMD INTRODUCED 2024-12-11 AMENDED_ASSEMBLY 2025-03-05 2025 AB AMD Introduced by Assembly Member Lackey LEAD_AUTHOR ASSEMBLY Lackey

An act to amend Sections 13352, 13352.1, 13352.4, 13353.3, 13353.4, 13353.5, 13353.6, 13353.75, 13386, 13390, 23103.5, 23247, 23573, 23575, 23575.3, 23576, and of, and to add and repeal

Section 23575.6 of, the Vehicle Code, relating to vehicles. vehicles Ignition interlock devices.

Existing law, commencing January 1, 2019, made various changes to the law governing ignition interlock devices (IID), including, among other things, requiring a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time as ordered by the court, an IID on the vehicle they operate, provided however that installation of an IID is discretionary for a first offender, as specified; authorizing a person convicted of driving a motor vehicle under the influence, if all other requirements are satisfied, including the installation of an IID, to apply for a restricted driver’s license without completing a period of license suspension or revocation; and requiring ignition interlock device manufacturers to be in compliance with specified provisions relating to payment for the costs of an ignition interlock device.

Existing law makes these changes operative until January 1, 2026. On January 1, 2026, existing law, as it relates to these provisions, is generally reinstated to read as it read prior to January 1, 2019. Existing law makes it a crime to violate certain provisions relating to IIDs and motor vehicles equipped with IIDs. This bill would extend the operation of these provisions until January 1, 2033, and would instead reinstate the law to how it read prior to January 1, 2019, on January 1, 2033. By extending the application of a crime, the bill would impose a state-mandated local program.

Existing law requires the Department of Motor Vehicles to report specified data to the Transportation Agency regarding the implementation and efficacy of the statewide ignition interlock device program described above and requires the agency to report the outcomes of the program to the Legislature no later than January 1, 2025. This bill would similarly require the department to provide updated data regarding the continued implementation and efficacy of the program to the agency and require the agency to report updated program outcomes to the Legislature by no later than July 1, 2031.

The bill would repeal these provisions on July 1, 2035. 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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION 1.

Section of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2021, 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 or 23153, subdivision (

a) of

Section 23109, or

Section 23109.1, 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 or 23153, subdivision (

a) of

Section 23109, or

Section 23109.1. If an offense specified in this

section occurs in a vehicle defined in

Section 15210, the suspension or revocation specified in this subdivision applies also to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections to 15302, inclusive. For the purposes of this section, suspension or revocation shall be as follows: (1) (

A) Except as provided in this subparagraph, or as required under

Section 13352.1 or 13352.4, upon a conviction or finding of a violation of

Section punishable under

Section 23536, the privilege shall be suspended for a period of six months. The privilege 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 of the Health and Safety Code described in subdivision (

b) of

Section of this code. If the court, as authorized under paragraph (3) of subdivision (

b) of

Section 23646, elects to order a person to enroll in, participate in, and complete either program described in 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 in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to

Section 23575.3, the department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) The underlying conviction was not only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) of

Section of this code. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (

v) The person provides proof of financial responsibility, as defined in

Section 16430. (vi) The person pays all reissue fees and any restriction fee required by the department. (vii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restrictions described in this paragraph shall remain in effect for the period required in subdivision (e). (2) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23554, the privilege shall be suspended for a period of one year. The privilege 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this code. If the court, as authorized under paragraph (3) of subdivision (

b) of

Section 23646, elects to order a person to enroll in, participate in, and complete either program described in 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 in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) The underlying conviction was not only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (

I) Proof of enrollment in a driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) of

Section of this code. (II) Proof of enrollment in a program described in subdivision (

b) of

Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide the proof described in subclause (I). (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) The person pays all reissue fees and any restriction fee required by the department. (viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (3) (

A) Except as provided in this paragraph or in

Section 13352.5, upon a conviction or finding of a violation of

Section punishable under

Section 23540, the privilege shall be suspended for two years. The privilege 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides, 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved the use of alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) The person pays all reissue fees and any restriction fee required by the department. (viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (4) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23560, the privilege shall be revoked for a period of three years. The privilege may 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 of the Health and Safety Code, as described in paragraph (4) of subdivision (

b) of

Section of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides, 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved the use of alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (viii) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (5) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) or (

c) of

Section of this code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides, 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved the use of alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under

Section 23575.3, if applicable. (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (6) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides, subsequent to the violation date of the current underlying conviction, either of the following: (

I) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (II) Proof of enrollment in an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (7) (

A) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section or 23550.5, or of a violation of

Section punishable under

Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

i) Completion of months of the suspension period if the underlying conviction was only for the use of drugs, as defined in

Section 312, at the time of the violation. (ii) The person satisfactorily provides, 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 of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment. (II) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (iii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (ii). (iv) The person complies with

Section 23575.3, if the underlying conviction involved alcohol. (

v) The person does both of the following: (

I) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (II) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (i). (vi) The person provides proof of financial responsibility, as defined in

Section 16430. (vii) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (viii) The person pays all applicable reinstatement or reissue fees and any restriction fee required by the department. (ix) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department. (

B) The restriction shall remain in effect for the period required in subdivision (e). (8) (

A) Upon a conviction or finding of a violation of subdivision (

a) of

Section that is punishable under subdivision (

e) of that

section or

Section 23109.1, the privilege shall be suspended for a period of days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in

Section 16430. (

B) Commencing July 1, 2025, upon a finding of a violation of subdivision (

c) of

Section for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (

i) of

Section 23109, the privilege shall be suspended for a period of days to six months, if ordered by the court. The privilege 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 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 shall not be reinstated until the person gives proof of financial responsibility, as defined in

Section 16430. (

b) For the purposes 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 or 23153, subdivision (

a) of

Section 23109, or

Section 23109.1, 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 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 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)

(1) The restricted driving privilege shall become effective when the department receives all of the documents and fees required under paragraphs (1) to (7), inclusive, of subdivision (

a) and, except as specified in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.

(2) For the purposes of the restriction conditions specified in paragraphs (1) 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.

(3) The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to this

section attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this

section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction. (

f) Notwithstanding the suspension periods specified in paragraphs (1) to (7), inclusive, of subdivision (

a) or

Section 13352.1, if the person maintains a functioning, certified ignition interlock device for the mandatory term required under

Section 23575.3, inclusive of any term credit earned under

Section 13353.6 or 13353.75, the department shall reinstate the person’s privilege to operate a motor vehicle at the time the other reinstatement requirements are satisfied. (

g) 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 of the Penal Code, that the person has completed a program specified in

Section of the Penal Code. (h)

(1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who 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 pursuant to this

section is not eligible for the restricted driver’s license authorized under paragraphs (1) to (7), inclusive, of subdivision (a).

(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in paragraphs (1) to (7), inclusive, of subdivision (a). (

i) A person whose driving privilege is restricted by the Department of Motor Vehicles pursuant to this

section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department 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 requirement for the maintenance or calibration of the ignition interlock device. (

j) The reinstatement of the driving privilege pursuant to this

section does not abrogate a person’s continuing duty to comply with any restriction imposed pursuant to

Section 23575.3. (

k) For purposes of this section, “bypass” means either of the following:

(1) Failure to take any random retest.

(2) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood. (

l) For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running. (

m) The restriction conditions specified in paragraphs (1) to (7), inclusive, of subdivision (

a) shall apply only to a person who is convicted for a violation of

Section or that occurred on or after January 1, 2019. (

n) This

section shall become operative on January 1, 2019. (

o) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2033, deletes or extends that date.

SEC. 2.

Section of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2021, 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 or 23153, subdivision (

a) of

Section 23109, or

Section 23109.1, 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 or 23153, subdivision (

a) of

Section 23109, or

Section 23109.1. If an offense specified in this

section occurs in a vehicle defined in

Section 15210, the suspension or revocation specified in this subdivision also applies to the noncommercial driving privilege. The commercial driving privilege shall be disqualified as specified in Sections 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 13352.4, upon a conviction or finding of a violation of

Section punishable under

Section 23536, the privilege shall be suspended for a period of six months. The privilege 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 of the Health and Safety Code described in subdivision (

b) of

Section of this code. If the court, as authorized under paragraph (3) of subdivision (

b) of

Section 23646, elects to order a person to enroll in, participate in, and complete either program described in 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 in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation.

(2) Upon a conviction or finding of a violation of

Section punishable under

Section 23554, the privilege shall be suspended for a period of one year. The privilege 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this code. If the court, as authorized under paragraph (3) of subdivision (

b) of

Section 23646, elects to order a person to enroll in, participate in, and complete either program described in 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 occur subsequent to the date of the current violation. Credit shall not be given to any 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 punishable under

Section 23540, the privilege shall be suspended for two years. The privilege 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restriction of the driving privilege if the person meets all of the following requirements: (

A) Completion of months of the suspension period, or completion of days of the suspension period if the underlying conviction did not include the use of drugs as defined in

Section and the person was found to be only under the influence of an alcoholic beverage at the time of the violation. (

B) The person satisfactorily provides, 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (

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

D) The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (

E) The person agrees to maintain the ignition interlock device as required under subdivision (

g) of

Section 23575. (

F) The person provides proof of financial responsibility, as defined in

Section 16430. (

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

H) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department. (

I) The restriction shall remain in effect for the period required in subdivision (

f) of

Section 23575.

(4) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23560, the privilege shall be revoked for a period of three years. The privilege may 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 of the Health and Safety Code, as described in paragraph (4) of subdivision (

b) of

Section of this code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after the completion of months of the revocation period, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

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

i) The initial months of an 18-month driving-under-the-influence program licensed pursuant to

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

Section 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 (

g) 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 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.

(5) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23546, the privilege shall be revoked for a period of three years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) or (

c) of

Section of this code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that they may apply to the department for a restricted driver’s license, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, if the person meets all of the following requirements: (

A) Completion of months of the suspension period, or completion of six months of the suspension period if the underlying conviction did not include the use of drugs as defined in

Section and the person was found to be only under the influence of an alcoholic beverage at the time of the violation. (

B) The person satisfactorily provides, 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 of the Health and Safety Code if a 30-month program is unavailable in the person’s county of residence or employment. (ii) Proof of enrollment in a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (

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

D) The person submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (

E) The person agrees to maintain the ignition interlock device as required under subdivision (

g) of

Section 23575. (

F) The person provides proof of financial responsibility, as defined in

Section 16430. (

G) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (

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

I) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department. (

J) The restriction shall remain in effect for the period required in subdivision (

f) of

Section 23575.

(6) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section 23550.5 or 23566, the privilege shall be revoked for a period of five years. 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 of the Health and Safety Code as described in subdivision (

b) of

Section of this 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall be subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of months of the revocation period, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

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

i) Completion of the initial months of a 30-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if available in the county of the person’s residence or employment. (ii) Completion of the initial months of an 18-month driving-under-the-influence program licensed pursuant to

Section 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 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 (

g) 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) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (

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

H) The restriction shall remain in effect for the period required in subdivision (

f) of

Section 23575.

(7) Except as provided in this paragraph, upon a conviction or finding of a violation of

Section punishable under

Section or 23550.5, or of a violation of

Section punishable under

Section 23550.5, the privilege shall be revoked for a period of four years. The privilege shall not be reinstated until the person files proof of financial responsibility and gives proof satisfactory to the department of successful completion of an 18-month driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, if a 30-month program is unavailable in the person’s county of residence or employment, 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 of the Health and Safety Code, or a program specified in

Section of the Penal Code. For the purposes of this paragraph, enrollment in, participation in, and completion of an approved program shall occur subsequent to the date of the current violation. Credit shall not be given to any program activities completed prior to the date of the current violation. The department shall advise the person that after completion of months of the revocation period, which may include credit for a suspension period served under subdivision (

c) of

Section 13353.3, they may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

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

i) The initial months of an 18-month driving-under-the-influence program licensed pursuant to

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

Section 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 (

g) 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) An individual convicted of a violation of

Section punishable under

Section 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 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 of the Health and Safety Code. Unless good cause is shown, the court shall order the referral. (

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

H) The restriction shall remain in effect for the period required in subdivision (

f) of

Section 23575. (8) (

A) Upon a conviction or finding of a violation of subdivision (

a) of

Section that is punishable under subdivision (

e) of that

section or

Section 23109.1, the privilege shall be suspended for a period of days to six months, if ordered by the court. The privilege shall not be reinstated until the person gives proof of financial responsibility, as defined in

Section 16430. (

B) Upon a finding of a violation of subdivision (

c) of

Section for engaging in a motor vehicle exhibition of speed, as described in paragraph (2) of subdivision (

i) of

Section 23109, the privilege shall be suspended for a period of days to six months, if ordered by the court. The privilege 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 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 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 or 23153, subdivision (

a) of

Section 23109, or

Section 23109.1, 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 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 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) 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 of the Penal Code, that the person has completed a program specified in

Section of the Penal Code. (

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 this

section is not eligible for the restricted driver’s license authorized under paragraphs (3) to (7), inclusive, of subdivision (a). (

h) This

section shall become operative January 1, 2033.

SEC.

Section 13352.1 of the Vehicle Code , as added by

Section of

Chapter of the Statutes of 2017, is amended to read: 13352.1. (

a) Pursuant to subdivision (

a) of

Section and except as required under subdivision (

c) of this

section or

Section 13352.4, upon a conviction or finding of a violation of

Section 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 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 of the Health and Safety Code described in subdivision (

b) of

Section of this code. For the purposes of this subdivision, 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. (c)

(1) Except when the court has ordered installation of a functioning, certified ignition interlock device pursuant to

Section 23575.3, the department shall advise the person that he or she may apply to the department for a restricted driver’s license if the person meets all of the following requirements: (

A) The underlying conviction was not only for the use of drugs, as defined in

Section 312, at the time of the violation. (

B) The person satisfactorily provides to the department, subsequent to the violation date of the current underlying conviction, enrollment in, or completion of, a driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in paragraph (2) of subdivision (

b) of

Section of this code. (

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

D) The person does both of the following: (

i) Submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (ii) Agrees to maintain the functioning, certified ignition interlock device as required under subdivision (e). (

E) The person provides proof of financial responsibility, as defined in

Section 16430. (

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

G) The person pays to the department a fee sufficient to cover the reasonable costs of administering the requirements of this paragraph, as determined by the department.

(2) The restriction shall remain in effect for the period required in subdivision (d). (d)

(1) The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subdivision (

c) and, except as specified in paragraph (2) or (3), shall remain in effect until all reinstatement requirements are satisfied.

(2) For the purposes of the restriction conditions specified in subdivision (c), 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.

(3) The department shall immediately suspend or revoke the privilege to operate a motor vehicle of a person who, with respect to an ignition interlock device installed pursuant to

Section 23575.3, attempts to remove, bypass, or tamper with the device, has the device removed prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the device. The privilege shall remain suspended or revoked for the remaining period of the originating suspension or revocation and until all reinstatement requirements in this

section are satisfied, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction. (

e) A person whose driving privilege is restricted by the department pursuant to this

section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every 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 requirement for the maintenance or calibration of the ignition interlock device. (f)

(1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who 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 paragraph (1) of subdivision (

a) of

Section or this

section is not eligible for the restricted driver’s license authorized under this section.

(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (c). (

g) For the purposes of this section, “bypass” means either of the following:

(1) Failure to take any random retest.

(2) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood. (

h) For purposes of this section, “random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running. (

i) The restriction conditions specified in this

section shall apply only to a person who is convicted for a violation of

Section 23152, as specified in subdivision (a), that occurred on or after January 1, 2019. (

j) This

section shall become operative on January 1, 2019. (

k) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed.

SEC.

Section 13352.1 of the Vehicle Code , as added by

Section of

Chapter of the Statutes of 2017, is amended to read: 13352.1. (

a) Pursuant to subdivision (

a) of

Section and except as required under

Section 13352.4, upon a conviction or finding of a violation of

Section 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 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 of the Health and Safety Code described in subdivision (

b) of

Section of this code. For the purposes of this subdivision, 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. (

c) This

section shall become operative on January 1, 2033.

SEC.

Section 13352.4 of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2017, is amended to read: 13352.4. (

a) Except as provided in subdivision (h), or when the court has ordered installation of a functioning, certified ignition interlock device pursuant to

Section 23575.3, 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 or

Section 13352.1, if the person meets all of the following requirements:

(1) Submits proof satisfactory to the department of either of the following: (

A) Enrollment in a driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) of

Section of this code. (

B) Enrollment in a program described in subdivision (

b) of

Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).

(2) Submits proof of financial responsibility, as defined in

Section 16430.

(3) 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 for a period of months and until the date all reinstatement requirements described in

Section or 13352.1 have been met. (

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) 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 is received by the department. (

e) 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 not be given to a program activity completed prior to the date of the current violation. (

f) 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 or

Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (

a) of

Section or

Section 13352.1, or until the date all reinstatement requirements described in

Section or 13352.1 have been met, whichever date is later. (g)

(1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who 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 paragraph (1) of subdivision (

a) of

Section or

Section 13352.1 is not eligible for the restricted driver’s license authorized under this section.

(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (a). (

h) If, upon conviction, the court has made the determination, as authorized under

Section or paragraph (3) of subdivision (

a) of

Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section. (

i) This

section shall become operative on January 1, 2019. (

j) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.

SEC.

Section 13352.4 of the Vehicle Code , as added by

Section of

Chapter of the Statutes of 2016, is amended to read: 13352.4. (

a) Except as provided in subdivision (h), 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 or

Section 13352.1, if the person meets all of the following requirements:

(1) Submits proof satisfactory to the department of either of the following, as applicable: (

A) Enrollment in a driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code, as described in subdivision (

b) of

Section of this code. (

B) Enrollment in a program described in subdivision (

b) of

Section 23542, if the court has ordered the person to enroll in, participate in, and complete either program described in that section, in which case the person shall not be required to provide proof of the enrollment described in subparagraph (A).

(2) Submits proof of financial responsibility, as defined in

Section 16430.

(3) 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 or

Section 13352.1, or until the date all reinstatement requirements described in

Section or 13352.1 have been met, whichever date is later, and may include credit for any suspension period served under subdivision (

c) of

Section 13353.3. (

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) 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 is received by the department. (

e) 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 not be given to a program activity completed prior to the date of the current violation. (

f) 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 or

Section 13352.1 immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed under paragraph (1) of subdivision (

a) of

Section or 13352.1, or until the date all reinstatement requirements described in

Section 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 or

Section 13352.1 is not eligible for the restricted driver’s license authorized under this section. (

h) If, upon conviction, the court has made the determination, as authorized under subdivision (

d) of

Section or paragraph (3) of subdivision (

a) of

Section 23538, to disallow the issuance of a restricted driver’s license, the department may not issue a restricted driver’s license under this section. (

i) This

section shall become operative January 1, 2033.

SEC.

Section 13353.3 of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2017, 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 days after the person is served with the notice pursuant to

Section 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) (

A) If the person has not been convicted of a separate violation of

Section 23103, as specified in

Section 23103.5, or

Section 23140, 23152, or 23153, or

Section 191.5 or subdivision (

a) of

Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to

Section or 13353.1 of this code, 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, which offense or occurrence occurred within years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for four months, except as provided in subparagraph (B). (

B) The four-month suspension pursuant to subparagraph (

A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met: (

i) The person is eligible for a restricted driver’s license pursuant to

Section or 13352.1. (ii) The person installs a functioning, certified ignition interlock device as required in

Section or 13352.1 for that restricted driver’s license. (iii) The person complies with all other applicable conditions of

Section or 13352.1 for a restricted driver’s license. (2) (

A) If the person has been convicted of one or more separate violations of

Section 23103, as specified in

Section 23103.5, or

Section 23140, 23152, or 23153, or

Section 191.5 or subdivision (

a) of

Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to

Section or 13353.1 of this code, 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, which offense or occasion occurred within years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for one year, except as provided in subparagraph (B). (

B) The one-year suspension pursuant to subparagraph (

A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met: (

i) The person is eligible for a restricted driver’s license pursuant to

Section or 13352.1. (ii) The person installs a functioning, certified ignition interlock device as required in

Section or 13352.1 for that restricted driver’s license. (iii) The person complies with all other applicable conditions of

Section or 13352.1 for a restricted driver’s license.

(3) Notwithstanding any other law, if a person has been administratively determined to have been driving in violation of

Section 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 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 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 an offense in any 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 23103, as specified in

Section 23103.5, or

Section 23140, 23152, or 23153, or

Section 191.5 or subdivision (

a) of

Section 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 January 1, 2019. (

f) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.

SEC.

Section 13353.3 of the Vehicle Code , as added by

Section of

Chapter of the Statutes of 2016, 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 days after the person is served with the notice pursuant to

Section 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) If the person has not been convicted of a separate violation of

Section 23103, as specified in

Section 23103.5, or

Section 23140, 23152, or 23153, or

Section 191.5 or subdivision (

a) of

Section 192.5 of the Penal Code, the person has not been administratively determined to have refused chemical testing pursuant to

Section or 13353.1 of this code, 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, which offense or occurrence occurred within years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for four months. (2) (

A) If the person has been convicted of one or more separate violations of

Section 23103, as specified in

Section 23103.5, or

Section 23140, 23152, or 23153, or

Section 191.5 or subdivision (

a) of

Section 192.5 of the Penal Code, the person has been administratively determined to have refused chemical testing pursuant to

Section or 13353.1 of this code, 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, which offense or occasion occurred within years of the occasion in question, the person’s privilege to operate a motor vehicle shall be suspended for one year, except as provided in subparagraphs (

B) and (C). (

B) The one-year suspension pursuant to subparagraph (

A) shall terminate if the person has been convicted of a violation arising out of the same occurrence and all of the following conditions are met: (

i) The person is eligible for a restricted driver’s license pursuant to

Section 13352. (ii) The person installs a functioning, certified ignition interlock device as required in

Section for that restricted driver’s license. (iii) The person complies with all other applicable conditions of

Section for a restricted driver’s license. (

C) The one-year suspension pursuant to subparagraph (

A) shall terminate after completion of a 90-day suspension period, and the person shall be eligible for a restricted license if the person has been convicted of a violation of

Section 23103, as specified in

Section 23103.5, arising out of the same occurrence, has no more than two prior alcohol-related convictions within years, as specified pursuant to subparagraph (A), and all of the following conditions are met: (

i) The person satisfactorily provides, subsequent to the underlying violation date, proof satisfactory to the department of enrollment in a nine-month driving-under-the-influence program licensed pursuant to

Chapter 9 (commencing with

Section 11836) of Part of Division 10.5 of the Health and Safety Code that consists of at least hours of program activities, including education, group counseling, and individual interview sessions. (ii) The person agrees, as a condition of the restriction, to continue satisfactory participation in the program described in clause (i). (iii) The person installs a functioning, certified ignition interlock device and submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386. (iv) The person agrees to maintain the ignition interlock device as required pursuant to subdivision (

g) of

Section 23575. (

v) The person provides proof of financial responsibility, as defined in

Section 16430. (vi) The person pays all license fees and any restriction fee required by the department. (vii) The person pays to the department a fee sufficient to cover the costs of administration of this paragraph, as determined by the department. (

D) The department shall advise those persons that are eligible under subparagraph (

C) that after completion of days of the suspension period, the person may apply to the department for a restricted driver’s license, subject to the conditions set forth in subparagraph (C). (

E) The restricted driving privilege shall become effective when the department receives all of the documents and fees required under subparagraph (

C) and remain in effect for at least the remaining period of the original suspension and until the person provides satisfactory proof to the department of successful completion of a driving-under-the-influence program licensed pursuant to

Section of the Health and Safety Code. The restricted driving privilege shall be subject to the following conditions: (

i) If the driving privilege is restricted under this section, proof of financial responsibility, as described 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 pursuant to

Section is received by the department. (ii) For the purposes of this section, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation. (iii) The department shall terminate the restriction issued pursuant to this

section and shall suspend the privilege to operate a motor vehicle pursuant to subparagraph (

A) immediately upon receipt of notification from the driving-under-the-influence program that the person has failed to comply with the program requirements. The privilege shall remain suspended until the final day of the original suspension imposed pursuant to subparagraph (A). (iv) The department shall suspend the privilege to operate a motor vehicle pursuant to subparagraph (

A) immediately upon receipt of notification from the installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device ordered pursuant to this section.

The privilege shall remain suspended for the remaining period of the original suspension imposed pursuant to subparagraph (A), except that if the person provides proof to the satisfaction of the department that he or she is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction.

(3) Notwithstanding any other law, if a person has been administratively determined to have been driving in violation of

Section 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 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 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 an offense in any 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 23103, as specified in

Section 23103.5, or

Section 23140, 23152, or 23153, or

Section 191.5 or subdivision (

a) of

Section 192.5 of the Penal Code, is a conviction of that particular

section of the Vehicle Code or Penal Code. (

e) 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 is not eligible for the restricted driver’s license authorized pursuant to this section. (

f) This

section shall become operative January 1, 2033.

SEC.

Section 13353.4 of the Vehicle Code , as added by

Section of

Chapter of the Statutes of 2016, is amended to read: 13353.4. (

a) Except as provided in

Section 13353.3, 13353.6, 13353.7, or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in

Section 13353, 13353.1, or 13353.3. (

b) The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to

Section 13352, 13353, 13353.1, or 13353.2 until all applicable fees, including the fees prescribed in

Section 14905, have been paid and the person gives proof of financial responsibility, as defined in

Section 16430, to the department. (

c) This

section shall become operative on January 1, 2019. (

d) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.

SEC.

Section 13353.4 of the Vehicle Code , as added by

Section of

Chapter of the Statutes of 2016, is amended to read: 13353.4. (

a) Except as provided in

Section 13353.3, 13353.7, or 13353.8, the driving privilege shall not be restored, and a restricted or hardship permit to operate a motor vehicle shall not be issued, to a person during the suspension or revocation period specified in

Section 13353, 13353.1, or 13353.3. (

b) The privilege to operate a motor vehicle shall not be restored after a suspension or revocation pursuant to

Section 13352, 13353, 13353.1, or 13353.2 until all applicable fees, including the fees prescribed in

Section 14905, have been paid and the person gives proof of financial responsibility, as defined in

Section 16430, to the department. (

c) This

section shall become operative January 1, 2033.

SEC.

Section 13353.5 of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2017, is amended to read: 13353.5. (

a) If a person whose driving privilege is suspended or revoked under

Section 13352,

Section 13352.1, former

Section 13352.4,

Section 13352.4,

Section 13352.6, paragraph (1) of subdivision (

g) of

Section 23247, or paragraph (3) of subdivision (

e) of

Section 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 January 1, 2019. (

e) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.

SEC.

Section 13353.5 of the Vehicle Code , as amended by

Section of

Chapter of the Statutes of 2017, is amended to read: 13353.5. (

a) If a person whose driving privilege is suspended or revoked under

Section 13352,

Section 13352.1, former

Section 13352.4,

Section 13352.4,

Section 13352.6, paragraph (1) of subdivision (

g) of

Section 23247, or paragraph (2) of subdivision (

f) of

Section 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 January 1, 2033.

SEC.

Section 13353.6 of the Vehicle Code is amended to read: 13353.6. (

a) Notwithstanding any other law, a person whose driving privilege has been suspended under

Section 13353.2 and who 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, 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 or 13353.2 for an offense that occurred on a separate occasion within years of the occasion in question, may apply to the department for a restricted driver’s license on or after the effective date specified in

Section 13353.3, if the person meets all of the following requirements: (1) (

A) The person satisfactorily provides proof of enrollment in a driving-under-the-influence program licensed under

Section of the Health and Safety Code, as described in subdivision (

b) of

Section 23538. (

B) The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department. (

C) 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 immediately terminate the restriction and reinstate the suspension of the privilege to operate a motor vehicle. 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 by the person. (

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

(2) The person installs a functioning, certified ignition interlock device on any vehicle that he or she operates and submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386.

(3) The person agrees to maintain the functioning, certified ignition interlock device as required under subdivision (f). (4) (

A) The person was years of age or older at the time the offense occurred and gives proof of financial responsibility, as defined in

Section 16430. (

B) If the driving privilege is restricted under this section, proof of financial responsibility, as described 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 pursuant to

Section is received by the department.

(5) The person pays all applicable reinstatement or reissue fees. (

b) The restriction under this

section shall remain in effect for the remaining period of the original suspension period under

Section 13353.3. (

c) The department shall terminate the restriction issued pursuant to this

section and shall immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification from the ignition interlock device installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain suspended for the remaining mandatory suspension period imposed pursuant to

Section 13353.3, provided, however, that if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction. (

d) Notwithstanding any other law, a person whose driving privilege has been suspended under

Section 13353.2, who is eligible for a restricted driver’s license as provided for in this section, and who installs a functioning, certified ignition interlock device pursuant to this section, shall receive credit towards the mandatory term the person is required to install a functioning, certified ignition interlock device pursuant to

Section 23575.3 for a conviction of a violation arising out of the same occurrence that led to the person’s driving privilege being suspended pursuant to

Section equal to the period of time the person installs a functioning, certified ignition interlock device pursuant to this

section or

Section 13353.75. (e)

(1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who 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 pursuant to

Section 13353.2 is not eligible for the restricted driver’s license authorized under this section.

(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (a). (

f) A person whose driving privilege is restricted by the department pursuant to this

section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department 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 requirement for the maintenance or calibration of the ignition interlock device. (

g) For the purposes of this section, the following

definitions apply: (1) “Bypass” means either of the following: (

A) Failure to take any random retest. (

B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood. (2) “Operates” includes operating a vehicle that is not owned by the person subject to this section. (3) “Owned” means solely owned or owned in conjunction with another person or legal entity. (4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running. (5) “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 an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period. (

h) Notwithstanding subdivisions (

a) and (b), and upon a conviction under

Section or for the current offense, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under

Section or 13352.1. (

i) The restriction conditions specified in this

section shall apply only to a person who is suspended under

Section 13353.2 for a violation that occurred on or after January 1, 2019. (

j) This

section shall become operative on January 1, 2019. (

k) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.

SEC.

Section 13353.75 of the Vehicle Code is amended to read: 13353.75. (

a) Subject to subdivision (d), a person whose driving privilege has been suspended under

Section 13353.2, and who has been previously 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, or

Section 191.5 or subdivision (

a) of

Section 192.5 of the Penal Code, or whose privilege to operate a motor vehicle has been suspended or revoked pursuant to

Section or 13353.2 for an offense that occurred on a separate occasion within years of the occasion in question may apply to the department for a restricted driver’s license on or after the effective date specified in

Section 13353.3, if the person meets all of the following requirements: (1) (

A) The person satisfactorily provides proof of enrollment in a driving-under-the-influence program licensed under

Section of the Health and Safety Code, as described in subdivision (

b) of

Section of this code. (

B) The program shall report any failure to participate in the program to the department and shall certify successful completion of the program to the department. (

C) 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 immediately terminate the restriction and reinstate the suspension of the privilege to operate a motor vehicle. 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 by the person. (

D) For the purposes of this section, enrollment, participation, and completion of an approved program shall occur subsequent to the date of the current violation. Credit may not be given to a program activity completed prior to the date of the current violation. (2) (

A) The person was years of age or older at the time the offense occurred and gives proof of financial responsibility, as defined in

Section 16430. (

B) If the driving privilege is restricted under this section, proof of financial responsibility, as described 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 pursuant to

Section is received by the department.

(3) The person installs a functioning, certified ignition interlock device on any vehicle that he or she operates and submits the “Verification of Installation” form described in paragraph (2) of subdivision (

g) of

Section 13386.

(4) The person agrees to maintain the functioning, certified ignition interlock device as required under subdivision (g).

(5) The person pays all applicable reinstatement or reissue fees. (

b) The restriction shall remain in effect for the remaining period of the original suspension period under

Section 13353.3. (

c) Notwithstanding subdivisions (

a) and (b), and upon a conviction under

Section or for the current offense, the department shall suspend or revoke the person’s privilege to operate a motor vehicle under

Section or 13352.1. (d)

(1) The holder of a commercial driver’s license who was operating a motor vehicle other than a commercial vehicle, or a driver who 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 pursuant to

Section 13353.2 is not eligible for the restricted driver’s license authorized under this section.

(2) Notwithstanding paragraph (1), as authorized under this section, the department shall issue the person a noncommercial driver’s license restricted in the same manner and subject to the same conditions and requirements as specified in subdivision (a). (

e) The department shall terminate the restriction issued pursuant to this

section and shall immediately reinstate the suspension of the privilege to operate a motor vehicle upon receipt of notification from the ignition interlock device installer that a person has attempted to remove, bypass, or tamper with the ignition interlock device, has removed the device prior to the termination date of the restriction, or fails three or more times to comply with any requirement for the maintenance or calibration of the ignition interlock device. The privilege shall remain suspended for the remaining mandatory suspension period imposed pursuant to

Section 13353.3. However, if the person provides proof to the satisfaction of the department that the person is in compliance with the restriction issued pursuant to this section, the department may, in its discretion, restore the privilege to operate a motor vehicle and reimpose the remaining term of the restriction. (

f) Notwithstanding any other law, a person whose driving privilege has been suspended under

Section 13353.2, who is eligible for a restricted driver’s license as provided for in this section, and who installs a functioning, certified ignition interlock device pursuant to this section, shall receive credit toward the mandatory term the person is required to install a functioning, certified ignition interlock device pursuant to

Section 23575.3 for a conviction of a violation arising out of the same occurrence that led to the person’s driving privilege being suspended pursuant to

Section or 13352.1 equal to the period of time the person installs a functioning, certified ignition interlock device pursuant to this

section or

Section 13353.75. (

g) A person whose driving privilege is restricted by the department pursuant to this

section shall arrange for each vehicle with a functioning, certified ignition interlock device to be serviced by the installer at least once every days in order for the installer to recalibrate the device and monitor the operation of the device. The installer shall notify the department 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 requirement for the maintenance or calibration of the ignition interlock device. (

h) For the purposes of this section, the following

definitions apply: (1) “Bypass” means either of the following: (

A) Failure to take any random retest. (

B) Failure to pass a random retest with a breath alcohol concentration not exceeding 0.03 percent, by weight of alcohol, in the person’s blood. (2) “Operates” includes operating a vehicle that is not owned by the person subject to this section. (3) “Owned” means solely owned or owned in conjunction with another person or legal entity. (4) “Random retest” means a breath test performed by the driver upon a certified ignition interlock device at random intervals after the initial engine startup breath test and while the vehicle’s motor is running. (5) “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 an ignition interlock device restriction shall not operate a motorcycle for the duration of the ignition interlock device restriction period. (

i) The restriction conditions specified in this

section shall apply only to a person who is suspended under

Section 13353.2 for a violation that occurred on or after January 1, 2019. (

j) This

section shall become operative January 1, 2019. (

k) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2033, deletes or extends that date.

SEC. 15.

Section of the Vehicle Code , as added by

Section of

Chapter of the Statutes of 2017, is amended to read: 13386. (a)

(1) The department shall certify or cause to be certified ignition interlock devices required by

Article 5 (commencing with

Section 23575) of

Chapter of Division 11.5 and publish a list of approved devices. (2) (

A) The department shall ensure that ignition interlock devices that have been certified according to the requirements of this

section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements. (

B) The department may use denial of certification, suspension or revocation of certification, or decertification of an ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply: (

i) The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of

Article 2.55 (commencing with

Section 125.00) of

Chapter of Division of Title of the California Code of Regulations. (ii) The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections and of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages to 11787, inclusive, or the model specifications for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages to 26867, inclusive. (

C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices. (b)

(1) A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.

(2) Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation. (

c) An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria. (

d) The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturer’s agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer. (

e) A model of ignition interlock device shall not be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic Safety Administration. (

f) All manufacturers of ignition interlock devices that meet the requirements of subdivision (

e) and are certified in a manner approved by the department, who intend to market the devices in this state, first shall apply to the department on forms provided by that department. The application shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the reasonable costs incurred by the department in carrying out this section. (

g) The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:

(1) An “Option to Install,” to be sent by the department to all offenders along with the mandatory order of suspension or revocation. This shall include the alternatives available for early license reinstatement with the installation of a functioning, certified ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.

(2) A “Verification of Installation” to be returned to the department by the offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturer’s agent.

(3) A “Notice of Noncompliance” and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall be standardized at days to maximize monitoring checks for equipment tampering. (

h) The department shall develop rules under which every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices shall provide a fee

schedule to the department of the manufacturer’s standard ignition interlock device program costs, stating the standard charges for installation, service and maintenance, and removal of the manufacturer’s device, and shall develop a form to be signed by an authorized representative of the manufacturer pursuant to which the manufacturer agrees to provide functioning, certified ignition interlock devices to applicants at the costs described in subdivision (

k) of

Section 23575.3. The form shall contain an acknowledgment that the failure of the manufacturer, its agents, or authorized installers to comply with subdivision (

k) of

Section 23575.3 shall result in suspension or revocation of the department’s approval for the manufacturer to market ignition interlock devices in this state. (

i) A person who manufactures, installs, services, or repairs, or otherwise deals in ignition interlock devices shall not disclose, sell, or transfer to a third party any individually identifiable information pertaining to individuals who are required by law to install a functioning, certified ignition interlock device on a vehicle that he or she operates, except to the extent necessary to confirm or deny that an individual has complied with ignition interlock device installation and maintenance requirements. (

j) This

section shall become operative on January 1, 2019. (

k) This

section shall remain in effect only until January 1, 2033, and as of that date is repealed.

SEC. 16.

Section of the Vehicle Code , as added by

Section of

Chapter of the Statutes of 2016, is amended to read: 13386. (a)

(1) The department shall certify or cause to be certified ignition interlock devices required by

Article 5 (commencing with

Section 23575) of

Chapter of Division 11.5 and publish a list of approved devices. (2) (

A) The department shall ensure that ignition interlock devices that have been certified according to the requirements of this

section continue to meet certification requirements. The department may periodically require manufacturers to indicate in writing whether the devices continue to meet certification requirements. (

B) The department may use denial of certification, suspension or revocation of certification, or decertification of an ignition interlock device in another state as an indication that the certification requirements are not met, if either of the following apply: (

i) The denial of certification, suspension or revocation of certification, or decertification in another state constitutes a violation by the manufacturer of

Article 2.55 (commencing with

Section 125.00) of

Chapter of Division of Title of the California Code of Regulations. (ii) The denial of certification for an ignition interlock device in another state was due to a failure of an ignition interlock device to meet the standards adopted by the regulation set forth in clause (i), specifically Sections and of the model specification for breath alcohol ignition interlock devices, as published by notice in the Federal Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages to 11787, inclusive, or the Model Specifications for Breath Alcohol Ignition Interlock Devices, as published by notice in the Federal Register, Vol. 78, No. 89, Wednesday, May 8, 2013, on pages to 26867, inclusive. (

C) Failure to continue to meet certification requirements shall result in suspension or revocation of certification of ignition interlock devices. (b)

(1) A manufacturer shall not furnish an installer, service center, technician, or consumer with technology or information that allows a device to be used in a manner that is contrary to the purpose for which it is certified.

(2) Upon a violation of paragraph (1), the department shall suspend or revoke the certification of the ignition interlock device that is the subject of that violation. (

c) An installer, service center, or technician shall not tamper with, change, or alter the functionality of the device from its certified criteria. (

d) The department shall utilize information from an independent, accredited (ISO/IEC 17025) laboratory to certify ignition interlock devices of the manufacturer or manufacturer’s agent, in accordance with the guidelines. The cost of certification shall be borne by the manufacturers of ignition interlock devices. If the certification of a device is suspended or revoked, the manufacturer of the device shall be responsible for, and shall bear the cost of, the removal of the device and the replacement of a certified device of the manufacturer or another manufacturer. (

e) A model of ignition interlock device shall not be certified unless it meets the accuracy requirements and specifications provided in the guidelines adopted by the National Highway Traffic Safety Administration. (

f) All manufacturers of ignition interlock devices that meet the requirements of subdivision (

e) and are certified in a manner approved by the department, who intend to sell the devices in this state, first shall apply to the department on forms provided by that department. The application shall be accompanied by a fee in an amount not to exceed the amount necessary to cover the costs incurred by the department in carrying out this section. (

g) The department shall ensure that standard forms and procedures are developed for documenting decisions and compliance and communicating results to relevant agencies. These forms shall include all of the following:

(1) An “Option to Install,” to be sent by the department to repeat offenders along with the mandatory order of suspension or revocation. This shall include the alternatives available for early license reinstatement with the installation of an ignition interlock device and shall be accompanied by a toll-free telephone number for each manufacturer of a certified ignition interlock device. Information regarding approved installation locations shall be provided to drivers by manufacturers with ignition interlock devices that have been certified in accordance with this section.

(2) A “Verification of Installation” to be returned to the department by the reinstating offender upon application for reinstatement. Copies shall be provided for the manufacturer or the manufacturer’s agent.

(3) A “Notice of Noncompliance” and procedures to ensure continued use of the ignition interlock device during the restriction period and to ensure compliance with maintenance requirements. The maintenance period shall be standardized at days to maximize monitoring checks for equipment tampering. (

h) Every manufacturer and manufacturer’s agent certified by the department to provide ignition interlock devices shall adopt fee schedules that provide for the payment of the costs of the device by applicants in amounts commensurate with the applicant’s ability to pay. (

i) A person who manufactures, installs, services, or repairs, or otherwise deals in ignition interlock devices shall not disclose, sell, or transfer to a third party any individually identifiable information pertaining to individuals who are required b